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

I recently started receiving various settlement offers and requests for account reviews so I decided to send off a CCA request to the DCA 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 request 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 SAR ?

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.

Basicaly had a repayment plan in place with Wescot for a few years in respect of my RBS 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 request to the DCA 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 request 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 SAR ?

 

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.

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

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 request 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 RBS and not the DCA.

As previously mentioned I had already submitted a SAR 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 request 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 Credit 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

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 years.

Probably not worth it now as SAR failed to produce any RBS agreement of any sort.

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

No point in a CCA request 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.

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

No point in a CCA request 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 DCA a monthly payment ?

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.

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 DCA ? 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.

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 DCA's and creditors must follow

Don't get into the tedious game of letter tennis with powerless DCA'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 request.

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 request, 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.

look at wetcloths letters

they will use the word 'our client'

I doubt RBS still have this after all these yrs.

dx

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

they will use the word 'our client'

I rerad that as another word beginning with C.....oops!

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 DCA's and creditors must follow

Many thanks again mikeymack, very much appreciated.

One last question do I forward to DCA or OC ?

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

Don't get into the tedious game of letter tennis with powerless DCA'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 request.

 

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 request, 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 ppi 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.

who are wetcloths clients

read their letters.

dx

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 RBS imo, then you know where you stand

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

look at wetcloths letters

 

 

they will use the word 'our client'

 

 

I doubt RBS 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 ?

send to RBS

http://fshandbook.info/FS/html/FCA/CONC/13/1

send to RBS

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

Thanks old rouge.

Would also CONC 13.1.6 apply ?

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 RBS imo, then you know where you stand

 

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

Card taken out in 1998

I think I will do for clarity. But what about the PPI complaint success ?

I will ignore any future corresponding with Westcot's.

13.1.6, yes it would apply

get the s78 cca request off to RBS

ppi is a seperate issue, no bearing on a cca request its your statutory right

Thanks theoldrouge much appreciated and will keep forum updated.