Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1

    Default Wescot Credit Services / RBS credit card debt

    had a repayment plan in place with Wescot for a few years in respect of my RBSicon credit card debt.

    I recently started receiving various settlement offers and requests for account reviews so I decided to send off a CCA Requesticon to the DCAicon enclosing 1 cheque on 30th April 2015.

    Today (16th May 2015) I have recieved a response letter from Wescot advising that their client (RBS) has requested that I write to them direct for my CCA Requesticon and have returned the cheque ?

    Should the DCA have forwarded accordingly to their client ?

    Are they in breach of my request as they should have responded within 12 days ?

    Or should I be sending a CCA request myself to RBS but recall never receiving any agreement as part of my earlier SARicon ?

    Another issue is that should I be receiving some sort of annual or half-yearly statement from Wescot or RBS since the account defaulted ?

    Thanks for looking.


  2. #2

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by Baz1994 View Post
    Basicaly had a repayment plan in place with Wescot for a few years in respect of my RBSicon credit card debt. had or still have?

    I recently started receiving various settlement offers and requests for account reviewspossibly an indication that they know the debts are questionable so I decided to send off a CCA Requesticon to the DCAicon enclosing 1 cheque on 30th April 2015. who owns the debt? DCA or original creditor

    Today (16th May 2015) I have recieved a response letter from Wescot advising that their client (RBS) has requested that I write to them direct for my CCA Requesticon and have returned the cheque ?Wetcloths should deal with it I think, by passing on your request to OC. You could get into a game of letter tennis with Wetcloths, they will, from my experience keep fobbing you off, so check your credit file and see who the owner is. I'd personally stop paying the DCA until you get a true copy of your CCA.

    Should the DCA have forwarded accordingly to their client ? Are they in breach of my request as they should have responded within 12 days ? Or should I be sending a CCA request myself to RBS but recall never receiving any agreement as part of my earlier SARicon ?

    Another issue is that should I be receiving some sort of annual or half-yearly statement from Wescot or RBS since the account defaulted ?Yep, how else are you able to see what they say the balance is?

    Thanks for looking.
    good luck


  3. #3

    Default Re: Wescot Credit Services / RBS credit card debt

    Have you checked your credit file recently? If so is it on there? if not do so asap, try noddle its free for life see www.noddle.co.uk


    It may be that wetcloths know you are seeking advice now. You can always send one to the original creditor (OC).


    Yes Westcott should have forwarded this to the OC

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  4. #4

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by nunnyrose View Post
    good luck
    Thanks nunnyrose.

    The repayment plan is still in place and a small monthly payment is made to Wescot. This was arranged through a third party debt management service in which was free through my old company many years ago.

    This is where I am not sure who owns the debt now or if it was ever sold on by the OC. My CCA Requesticon was worded to that fact yet Wescot have not responded to it. Card was defaulted November 2004. Nothing appearing on my latest credit file so probably dropped off but on checking an old one in 2009, I see it has RBSicon and not the DCAicon.

    As previously mentioned I had already submitted a SARicon to RBS and on checking my details again I have found confirmation that an original agreement cannot be located. So no point in forwarding a CCA Requesticon to them ? Or shall I do so just for further confirmation ?

    I have been advised of a balance but no evidence of contributed payments or any statements. Is there any template letters than I can forward stateing their breaches of consumer crediticon Act, as I thought this was a condition regarding submission of statements for a defaulted account ?

    Any further advice would be appreciated as what to do next.

    Thanks


  5. #5

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by mikeymack2002 View Post
    Have you checked your credit file recently? If so is it on there? if not do so asap, try noddle its free for life see www.noddle.co.uk


    It may be that wetcloths know you are seeking advice now. You can always send one to the original creditor (OC).


    Yes Westcott should have forwarded this to the OC
    Also thanks Mikeymack but do have latest credit file details and not appearing on there, older than 6 yearsicon.

    Probably not worth it now as SARicon failed to produce any RBSicon agreement of any sort.


  6. #6

    Default Re: Wescot Credit Services / RBS credit card debt

    Sorry, didn't see any reference to you already having submitted a SARicon.

    No point in a CCA Requesticon if you've already done a SAR.
    As that hasn't produced the CCA.

    If the agreement was pre 2007 then they would have a problem if this were ever to get to court.

    Up to you what you do next.... if it were me I'd stop paying them anything until they can produce the CCA to prove you owe them.

    (which you of know they can't at the moment because the original agreement can't be located. You can put the account into dispute for non compliance.

    I think that as they have advised you of the balance, this counts as statements but I don't think it would be unreasonable to ask for (by letter, never speak to them) something showing the payments you have made.


  7. #7

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by nunnyrose View Post
    Sorry, didn't see any reference to you already having submitted a SARicon.
    No point in a CCA Requesticon if you've already done a SAR. As that hasn't produced the CCA. If the agreement was pre 2007 then they would have a problem if this were ever to get to court. Up to you what you do next.... if it were me I'd stop paying them anything until they can produce the CCA to prove you owe them. (which you of know they can't at the moment because the original agreement can't be located. You can put the account into dispute for non compliance.
    I think that as they have advised you of the balance, this counts as statements but I don't think it would be unreasonable to ask for (by letter, never speak to them) something showing the payments you have made.
    Cheers again nunnyrose and no worries.

    I will draft up an account in dispute letter for non-compliance - I am sure there is a template somewhere. Do I forward it to Wescot ?

    So balance advice is persived as statement - ok but this has only been advised recently and not ever before. The debt is pre 2007 so stop paying now ?

    Should I also mention that I am not paying the outstanding balance of debt even though I have been paying the DCAicon a monthly payment ?


  8. #8

    Default Re: Wescot Credit Services / RBS credit card debt

    Since they have failed to produce a valid CCA then you should stop paying them until they do. The debt could now be unenforceable in court. Time for a formal complaint in this matter.


    Yes you should be receiving independent annual statements.

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  9. #9

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by mikeymack2002 View Post
    Since they have failed to produce a valid CCA then you should stop paying them until they do. The debt could now be unenforceable in court. Time for a formal complaint in this matter.


    Yes you should be receiving independent annual statements.
    Thanks again mikeymack

    So send complaint to DCAicon ? Is there a standard template for this type of letter or shall I just draft up one myself ?

    No statements either from OC or DCA since 2005.


  10. #10

    Default Re: Wescot Credit Services / RBS credit card debt

    If you wish to compile a letter of complaint then this is easy to do. Just stick to the facts and the rules issued by the FCA. Check out the hand book see here

    https://fshandbook.info/FS/html/handbook/CONC


    These are the rules that all DCAicon's and creditors must follow

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  11. #11

    Default Re: Wescot Credit Services / RBS credit card debt

    Don't get into the tedious game of letter tennis with powerless DCAicon's, it is pointless.

    If they haven't sent you a CCA, OR you have it in writing that the OC cannot produce the original in court, then STOP paying,
    no-one least of all the DCA needs to know they have failed to comply with a CCA Requesticon.

    If you want to complain then make a complaint to the FCA who purport to police this industry.

    You've been royally cash cowed here, and anything you've paid them since 2005, when they last sent you a statement of account, which is a legal requirement annually, will have gone into their profit pocket.

    They've failed by returning the CCA Requesticon, the 12+2 days they had in which to comply started when they received the request, if they are now past that time then leave it at that, do nothing less for complaining to the FCA about all of the powerless DCA's who failed to send you annual statements of account.

    Wetcloths can be ignored.


    Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!
    HOW DO I START A NEW THREAD?



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  12. #12

    Default Re: Wescot Credit Services / RBS credit card debt

    look at wetcloths letters


    they will use the word 'our client'


    I doubt RBSicon still have this after all these yrs.


    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  13. #13

    Default Re: Wescot Credit Services / RBS credit card debt

    You've got a few experts looking in on your thread now so I'll back out I just wanted to start you off as you'd had no response earlier.
    Good luck with it all


  14. #14

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by dx100uk View Post
    they will use the word 'our client'
    I rerad that as another word beginning with C.....oops!


    Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!
    HOW DO I START A NEW THREAD?



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  15. #15

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by mikeymack2002 View Post
    If you wish to compile a letter of complaint then this is easy to do. Just stick to the facts and the rules issued by the FCA. Check out the hand book see here

    https://fshandbook.info/FS/html/handbook/CONC


    These are the rules that all DCAicon's and creditors must follow
    Many thanks again mikeymack, very much appreciated.

    One last question do I forward to DCA or OC ?


  16. #16

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by nunnyrose View Post
    You've got a few experts looking in on your thread now so I'll back out I just wanted to start you off as you'd had no response earlier.
    Good luck with it all
    Thanks so much again


  17. #17

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by Bazooka Boo View Post
    Don't get into the tedious game of letter tennis with powerless DCAicon's, it is pointless.

    If they haven't sent you a CCA, OR you have it in writing that the OC cannot produce the original in court, then STOP paying,
    no-one least of all the DCA needs to know they have failed to comply with a CCA Requesticon.

    If you want to complain then make a complaint to the FCA who purport to police this industry.

    You've been royally cash cowed here, and anything you've paid them since 2005, when they last sent you a statement of account, which is a legal requirement annually, will have gone into their profit pocket.

    They've failed by returning the CCA Requesticon, the 12+2 days they had in which to comply started when they received the request, if they are now past that time then leave it at that, do nothing less for complaining to the FCA about all of the powerless DCA's who failed to send you annual statements of account.

    Wetcloths can be ignored.
    Thanks Bazooka for your comments.

    I will send nothing further to Wescot and I will cancel my standing order immediately.

    If the DCA didnt own the debt outright should the OC therefore at least been submitting annual statements ? My other concern is what if I have successfully won a PPIicon complaint on the same account, would it complicate matters ? Would it be deemed as an admission of debt ?

    Sorry for all the questions but I just need some clarity thanks before I proceed with further actions.


  18. #18

    Default Re: Wescot Credit Services / RBS credit card debt

    who are wetcloths clients
    read their letters.


    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
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    RIP Martin3030

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  19. #19

    Default Re: Wescot Credit Services / RBS credit card debt

    complaints over provision or otherwise of the cca by wescot will lead nowhere, pointless exercise imo

    when did you take out the card?

    no harm in sending request to RBSicon imo, then you know where you stand

    debt appears to still be with RBS, and afaik their current policy is not to sell on

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  20. #20

    Default Re: Wescot Credit Services / RBS credit card debt

    Quote Originally Posted by dx100uk View Post
    look at wetcloths letters


    they will use the word 'our client'


    I doubt RBSicon still have this after all these yrs.


    dx

    Cheers again as always dx.

    Is it still worth sending a CCA to OC for clarity ?

    Should I have been advised that due to lack of CCA that even though the debt remains outstanding that it is therefore unenforceable ?


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