Wescot - Backing out after CCA request.

[sniper]

Hi! My first post here, and probably one of many!

Wescot have been getting a little heavy, and sent me a letter purporting to be from a firm of solicitors called Nelson Guest and Partners, who had an address in Sidcup, Kent, but the address on the back of the envelope was in Hull! (The same address as Wescot)

I sent a request to Wescot on 26th Feb, asking them to provide the credit agreement docs.

I received a reply, dated 13th March, as follows:

Further to your recent correspondence regarding the above account.

Following your recent request for a copy of the signed credit agreement, we can confirm we have returned the account to our client.

Please contacet our client direct for the information required at the following address.

Branch Recovery Unit
1st Floor
Astley House
Quays Street
Manmchester
M3 4AS

Trusting the above clarifies the situation.

Yours faithfully



Miss E Stansfield
Accounts Collection Controller.

Having read various threads, I am assuming that Wescot are now in breach of the CCA, as they have failed to provide the required documentation. Am I correct? and if so, what should I do next?

Many thanks in anticipation.

p.s the original creditor is Barclays.

[Seahorse]

Well, it seems to be the usual cop out when they know they can't comply. BUT. Did they originally state they had bought the debt, or were they acting on behalf of?

If on behalf of, it's Barclaycard you should be gunning for now. And I'd suggest THEY are screwed, else they would have supplied Wescot with a copy of some sort of document.

[sniper]

Thanks for that. They said they were acting for Barclays. Don't Wescot commit an offence by not supplying the required info or are they allowed to just cop out?

[Jeff2000]

Hi sniper,


Best thing to do now is CCA Barclaycard. If your debt is a few years old, chances are they will only be able to supply a copy of your application form.

So lets see!

Jeff.

[sniper]

It's not actually Barclaycard, it's an overdraft I had on a current account with Barclays Bank.

[davefirewalker]

whoops.......
i'm pretty sure that a CCA request is not the thing to do for a bank account.

If that has got wescot off your back then good! but I wouldn't be poking at barclays with that request....

Two things to do

1 keep quiet and wait for it to be statute barred

or

2 Subject Access Request barclays and find out if they owe you any charges

this may wake up the debt again though

its up to you.....I'd probably go with no.2

ermmmm how old is the debt ??? is there any charges likely to be on it?
if its more than 6 years old its barred (if you havent paid on it or admitted it)

need more info

Dave

[Bigmac versus]

Overdraft not covered by CCA.

[sniper]

Ah! I've been paying instalments on DMP for 5 years. Just got a bit sick of Wescot getting heavy. Barclays have used about 5 different agencies for this one over the last few years, I've been paying £5 a month and I think each agency gets sick and realises there's no profit in it so they give it back to Barclays!

[PriorityOne]

It looks as if your request has got Westcots off your back, even though an overdraft is not covered by a CCA.

Depending on how much is owed, I would wait and see if Barclays contacted me about the account, before I contacted them to draw their attention to it.

[sniper]

Originally Posted by Bigmac versus

Overdraft not covered by CCA.

It's now been passed to Lowell Financial They are trying to get heavy straight away with persistent phone calls and threats of a doorstep visit.

Why are Overdrafts not covered by CCA and what options are open to me with that one?

Many thanks.

[ODC]

Originally Posted by sniper

It's now been passed to Lowell Financial They are trying to get heavy straight away with persistent phone calls and threats of a doorstep visit.

Why are Overdrafts not covered by CCA and what options are open to me with that one?

Many thanks.

Dont worry about Clownells they specialise in chasing debt that others give up on. Sit tight. The next letter you will get will be from Hampton iLegal followed by Red Debt. You do not have to speak to them on the telephone. Write to them asking for documentary proof of the debt. Make sure to put at the top of your letter I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT TO YOUR COMPANY. As for the threat of a doorstep collection thats all it is a threat. In the unlikely event of a doorstep caller remember they have no legal rights whatsover and you can order them from your property. How much is the alleged debt for??

[sniper]

Originally Posted by ODC

Dont worry about Clownells they specialise in chasing debt that others give up on. Sit tight. The next letter you will get will be from Hampton iLegal followed by Red Debt. You do not have to speak to them on the telephone. Write to them asking for documentary proof of the debt. Make sure to put at the top of your letter I DO NOT ACKNOWLEDGE THIS OR ANY OTHER DEBT TO YOUR COMPANY. As for the threat of a doorstep collection thats all it is a threat. In the unlikely event of a doorstep caller remember they have no legal rights whatsover and you can order them from your property. How much is the alleged debt for??

It's for just over £2300. So should I try a CCA request with them or just a letter asking for proof of ownership of the debt? (They say they have actually bought the debt)

As a little aside, is there anything under the freedom of information act whereby I can require the bank or dca to disclose how much the debt was sold for?

[Curlyben]

Sniper, this may seem like an odd questions, but have you approached the bank to see how much of this "debt" is from charges ??

[sniper]

Er... Not yet (oops) I was just wondering why the CCA can't be used, and what the alternative is. Is it more enforceable being an overdraught? There will be an overdraught agreement somewhere presumably.

[Curlyben]

Well actually CCA can be used for some overdrafts.
Have a look at rory32's response #5 here: http://www.consumeractiongroup.co.uk...ight=overdraft

You need to get on with recaliming your charges, as you meybe plesantly surprised.
Also this will put the account into dispute and while in dispute Lowlife cannot demand payment

[sniper]

Originally Posted by Curlyben

Well actually CCA can be used for some overdrafts.
Have a look at rory32's response #5 here: http://www.consumeractiongroup.co.uk...ight=overdraft

You need to get on with recaliming your charges, as you meybe plesantly surprised.
Also this will put the account into dispute and while in dispute Lowlife cannot demand payment

Thanks. I'll give it a try. If I remember rightly it was an overdraught facility agreed in writing anyway.