Wescot/RBofS.....Oh Dear!!

[rory32]

Hi,

Back in the beginning of May I sent Wescot a CCA request with regards to a credit card account they are administering for RBofS. I also sent RBofS a CCA request and SAR for this account and the other credit card account I hold with them.

 

On the 24th of April (goodness, they are quick!)I received this letter from them.

 

Thank you for your letter of xxxx requesting a copy agreement under the 1974 Consumer Credit Act (Err No....if you had read my CCA request you would know this wasn't quite what I asked for)

The information has been requested and will be forwarded to yourself upon receipt. As there is no charge for this service we have returned your £1.00 payment.

 

In the meantime, for security purposes it would be appreciated if you are able to forward confirmation of your date of birth and a specimen signature taken from official documentation (note the careful wording - obviously they can whistle for this info - particularly my signature) . As you are denying liability for the account this information is required to ensure Wescot Credit Services do not breach the Data Protection Act by forwarding account information to someone who is not the account holder.(but it's okay to send me threatening letters without doing this?)

Should you require any further assistance (I wasn't aware that you had done anything to assist me) regarding this, or any other matter, please contact ourselves.

[rory32]

At the beginning of May I received another letter from Wescot asking me to contact them as their client was willing to offer me a super deal on this account for a vastly reduced sum.

 

Needless to say I never quite found the time to phone them.

[rory32]

A couple of days ago I received this letter from RBofS

 

Dear Rory32,

Re Account: xxxx

Balance £xxxx

Thank you for your letter which was received into this Office referred from Wescott Credit Services Ltd (and what about the cca request I sent directly to you?).

Your written request for information made under s78(1) of the Consumer Credit Act must be accompanied by payment of the fee of £1 (again your point is?). We are obliged to provide you with a ‘true’ copy of the credit agreement and a statement of financial information relating to the account, namely, the state of the account, amount currently due, with amounts and due dates of future payments that still require to be made. In terms of CCA copy document regulations, the ‘true’ copy requirement can be satisfied by providing a copy of the agreement at the date the card agreement was made and providing that plus a copy of the current terms of the card agreement (so you know my rights too - that's reassuring).

Unfortunately, due to the length of time passed since your account was originally opened, I am unable to provide you with the copy agreement at the date the card agreement was made.(oh dear.....surely you haven't lost it)

The issue to you of this credit card in 1999 would only have been possible on the basis of our receiving a signed application form/credit agreement from you(prove it). I reject your view that no agreement ever existed between us and you. The fact that it has become over the years mislaid somewhere in our systems does not mean that it does not exist.(so not lost then....definately not lost)

I also reject your view that you do not acknowledge the debt and have enclosed copies of correspondence you sent to us in relation to your credit card account (and the relevance of this is?).

Our records show that there is still a balance outstanding on the above account. As you are aware your account is currently being managed by Wescot Credit Services. Therefore, you should contact them directly to obtain details of your requested repayments to settle your account (no chance). They can be contacted on 01482 590500.

I trust the above clarifies matters for you. Should you still dispute this account, as advised in your letter, I await to hear from the relevant statutory authorities you have reported this matter to.

Yours sincerely

Miss H Bennett

Account Manager

 

I am now considering my response.

[Zimmie]

I just have this feeling that your response will be essential reading material

 

Please post it up for us to see Rory:)

[rory32]

Hi Zimmie,

There is also the little issue of RBofS not responding to my CCA request on the other account. Needless to say they've ignored my SAR on both accounts. However, this is just a side issue at the moment.

 

I will post my response for comment when I have thought a little more about how exactly I wish to proceed.

[minky93]

I too can't wait for the reply it is going to be a corker!!!!!

[majorclanger100]

Me too - go for it Rory it's going to be superb . It's all gone quiet on the DCA front for me (perhaps they're scared ) so I need some entertainment!

[rory32]

Just to update I haven't got around to sending RBS a letter yet, but will do this week (it's on my to do list).

 

I got a letter though last week from Wescot's solicitors. It stated:

 

We are instructed by Wescot Credit Services Ltd on behalf of the above named client, in connection with the sum outstanding above.

 

Given the high value of the debt we are extremely concerned to note that no arrangements for satisfaction have been made.

 

 

The balance of your debt is such that we are instructed to consider the most serious forms of legal recovery, which may include if Judgement is obtained, Bankruptcy proceedings and / or seeking a warrant / attachment of earnings.

 

 

Whilst Wescot Credit Services is willing to consider realistic options for repayment we can not allow this matter to remain outstanding any longer.

 

 

Unless payment is made to Wescot Credit Services within 7 days of the date of this letter, legal proceedings for the recovery therof may be commenced without further notice.

 

Consider away is what I thought as without the agreement they don't have any forms of legal recovery.

 

I didn't bother to reply as I didn't want to waste money on a stamp. Just filed the letter in case I need to counter claim at any point for harassment.

[rory32]

Today, 7 days after receiving the solicitors letter, I got a letter from Wescot.

 

With reference to the above account.

Our client has informed us they are only legally obliged to keep copy agreements for a 6 year period (this is quite correct but the 6 year period starts when you close an account not when you open one).

They have requested you contact them directly regarding this.

In view of the above we are prepared to place the account on hold for 30 days to enable you to do so.

Please update us on the situation at this time.

We look forward to your reply in due course.

Note how much more pleasant than normal their letter is. Could this smack of desperation?

[tomterm8]

Hm... so, are you going to just ignore it again?

[rory32]

Nah, this time I'll just write to RBS 'cos I need some closure on this account and want my credit file sorted out.

[Jeff2000]

Hi rory,

 

 

Looks like I could be in a similar situation as you, in the not too distant future!

 

I CCA'd both Wescot and RBS/Natwest ages ago. Received one letter from Wescot, trying to get me to cough up. I wrote back and reminded them of their naughtiness. Not heard anything else since.

 

Never got an acknowledgment or anything from RBS!

 

The suspense is killing me!!!

 

 

Jeff.

[rory32]

Hi Jeff

 

I actually have two credit cards with RBS. The other one I CCA requested at the same time as this one (8th April). Not heard a peep from RBS or the DCA about it. I also sent a SAR in the same letter. Never heard anything back from that either. Not that I'm bothered - the copy of the agreement (or rather lack of) is the main thing.

[diskmandave]

Watching with interest! Wescot are next on my list.

 

£3.5k but they own it, from an MBNA platinum card back in '98.

Was still a 33 year old teenager back then...

[rory32]

Oh, that makes me just a boy then at the age of 36.

[noomill060]

Im tormenting Wescot as well!

 

April 5 CCA request

 

May 25 Barclaycard Application form recieved

 

14 June Final demand from Wescot recieved

 

15 June Application form sent to Trading Standards for analysis

 

18 June Trading Standards pronounce it worthless and investigating both Wescot and Barclaycard, with possible criminal charges under CCA1974 in mind.

[noomill060]

I was a 36 year old teenager when I applied in 1999. Im now a 43 year old teenager.

[Josie8]

Im tormenting Wescot as well!

 

April 5 CCA request

 

May 25 Barclaycard Application form recieved

 

14 June Final demand from Wescot recieved

 

15 June Application form sent to Trading Standards for analysis

 

18 June Trading Standards pronounce it worthless and investigating both Wescot and Barclaycard, with possible criminal charges under CCA1974 in mind.

 

Great news! As to RBOS have you decided what to do there? They're in criminal default to me with CCA request - haven't sent anything at all!

[Monty2007]

RBS seem to be the worst from all the threads I have seen!

[Curlyben]

God, you guys are making me feel realllllly young

A mere 37 :D

[diskmandave]

18 June Trading Standards pronounce it worthless and investigating both Wescot and Barclaycard, with possible criminal charges under CCA1974 in mind.

 

Hull TS's or your home town/city's?

 

If you say Hull i've a new thread (and battle) to start!

 

Sorry to hijack briefly Rory!

 

Regards, Dave.

[rory32]

Hi

I followed the tread then it goes dead as so many do?

 

What thread was that Monty?

 

P.S. Just realised I haven't replied to your pm. I'll try and give you answer tomorrow.

 

P.P. S. Hijack away Dave.

[Curlyben]

Hull TS's or your home town/city's?

 

If you say Hull i've a new thread (and battle) to start!

 

Regards, Dave.

 

OK

 

HULL

 

Is this gonna be another Rob's Way ??

 

And now back to Rory's thread, sorry for the break.

[diskmandave]

Is this gonna be another Rob's Way ??

 

Ohh yes! (If that's what they want of course...)

[Curlyben]

I suppose I'd better start a RMA/NCO thread as at the moment it's my Rob's Way

 

Saying that GE Money was looking good till wescott gave up and GE basically said that they can't prove anything.