Hi, thanks for letting me join

[worriedaboutwescot]

Came across the forum by accident using keyword 'Wescot' on google. Im not trying to claim money, just worried about how this company operates. They passed on my debt (credit card owed frm uni) because they say i had missed 3 payments. I got a default and im not sure if ive had money added to the debt for passing it on. The first thing i knew was a letter off Regal Credit saying it had been passed to them. I rang Wescot to inform them that i had paid and not missed a payment, their reply was that i would need proof of payment as they had not recieved the last three months. Turned the house upside down but found post office stamps on documentation for payment dates. Wescot asked me to fax them through. I am going to do that but i feel that they have acted in a very unprofessional way, if it wasnt for me finding the proof, they would have kept £150 of my money. Im a young widow with 2 young kids and £150 is a lot to me. I dont think they should be allowed to do these things and get away with it. Also is it probable they have added to the debt when they passed it on. Do you know the best person to complain to. Would be greatful for any advice from anyone.

[phill123]

hi and welcome to this site there is plenty of help available and many acknowledged menber which can give you some sounds advices. If i were you send them a request of your agreement under CCA ( Consumer Credit Agreement) they have 12 days to answer your request of not they are in default and after one month they have commited an offence . you can find the letter template on the sticky

 

thi sone gives you the guidelines

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

and thi sone is the template ( letter N)

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

i hope this help. sorry for my typo good luck

[oneofakind]

Yes, definitely get that CCA request off to them.

They are not allowed to take any further collection action whilst the account is in dispute.

Doesn't always stop them trying, though.

 

Post here everything that happens, you'll get plenty of help and reassurance.

[diskmandave]

Here's a good letter to send...

 

Dear Sirs,

 

I write further to undertaking a complete financial review and to receiving extensive legal advise.

 

It has been brought to my attention, firstly, that I have never received acknowledgement of any payments, nor have I ever been provided with even a periodic statement of account. It has secondly been brought to my attention that I have the legal right to request and receive copies of documents.

 

I would respectfully request that under Section 78(1) of the Consumer Credit Act 1974 you provide me with a copy of the original credit agreement that should exist in relation to this account, and at the same time you provide the total outstanding when you aquired the account, a breakdown of all monies paid, credits and debits to the account, and the current balance of the account. I would further request a copy of the original default notice. I am advised that their is a maximum prescribed fee for complying to this request and as such a postal order for One Pound accompanies this request.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

 

Don't forget to use Rec/Del and include a P/O for £1.

 

Good luck, Dave.

[worriedaboutwescot]

Thanks for the advice, it was really helpful, i will be sending them a letter poste haste. Can i just clarify, do i send the letter to wescot or the collection agency who wescot have passed my debt on to?

 

Thanks again

[oneofakind]

Send it to Regal. If they don't have the CCA (very likely) it's their reponsibility to pass the request on to Wescot (who very likely don't have it either.

 

then just sit back and count the days. Once they receive your letter your account is held to be in dispute, and any further 'collection activity' by the DCA is in breach of OFT guidelines.

 

[worriedaboutwescot]

Thanks for that. Could be a small problem though, when i received the letter from Regal, they told me i would be better paying by direct debit so there would be no dispute of payment. I set up a DD with them there and then, was that a bad idea?

[diskmandave]

it's their reponsibility to pass the request on to Wescot

 

Yes it is, as per Section 175 of the CC Act 1974.

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

[diskmandave]

I set up a DD with them there and then, was that a bad idea?

 

IMHO, direct debit is a very bad idea as your giving them cart blanche to take what they want when they want.

 

If this was me, i'ld be cancelling it immediately, sending the CCA request which i've posted earlier, and if an enforceable agreement exists i'ld be setting up a standing order to make the monthly payment.

 

I'ld also be insisting that all communication be in writing and not 'phoning them again.

 

Regards, Dave.

[worriedaboutwescot]

Ok, thanks, i will cancel it. Sent the CCA request today. Their not taking out the first payment till Oct 15th thank god.

 

Have also faxed proof of payment for to wescot for the money they say they didnt receive, so they should inform Regal now and have the balance adjusted - I hope

 

Thanks very much for you help, really do appreciate it:razz:

[oneofakind]

I've lost a post around here somewhere: anyone seen it????

 

Anyway, DMD has covered what I was trying to say about Direct Debits.

 

[oneofakind]

Just a thought, if there's no payment due until 15/10, why not leave the DD until the CCA request defaults. Then you don't have to pay them anyway.

 

No sense putting their backs up just yet!

 

[diskmandave]

Assuming 12+2 from today would see it default on the 12th of October.