Wescot want last 3 addresses for debt that is over 6 years

[kezzy400]

Hiya all...Ive been reading through as many threads as I could and I think Im doing everything right!

Ive been trying to sort out a Provident debt for my brother (which he is 100% sure is over 6 years old) and this has been passed to Wescot. I sent the CCA request off on the 16th Jan and today he received a letter telling him 'that in order to comply with his request he has to confirm his last three addresses that he has resided at. This is required to ensure Wescot Services are not in breach of the Data Protection Act.'

Can anyone please advice me on what to do next for my brother as he is really worried about them (Wescot) and Im pretty sure if they could get him on the phone he would give in to their pressure, even though Ive tried to tell him not to!

Thanks ever so much in advance...Kerry

[Alphageek]

Hi,

 

Have Wescot written to your brother at the address where you asked them to send the copy agreement?

 

If they have, then get him to send them a copy of a recent utility bill and tell them there are no sections in the Consumer Credit Act requiring details of any previous addresses and they can take the utility bill as proof of identity.

 

Also, remind them of the 12 working days they have to supply you with the documentation you have asked for and also there are no provisions with in the act to extend this timescale.

 

Keep us posted.

[Alphageek]

Oh, I meant to say, the 12 days they have is from the day they received the original request.. not when your Bro sends the utility bill.

[Justforfun]

Umm now lets think, they send your brother a demand at his current address,your bro responds with a CCA ,and now they throw their rattle out of the pram and want to know where he previously lived,ignore them..it's for them to prove he owes the debt,and not for him to prove he doesn't..

[Justforfun]

Hi,

 

 

If they have, then get him to send them a copy of a recent utility bill and tell them there are no sections in the Consumer Credit Act requiring details of any previous addresses and they can take the utility bill as proof of identity.

Keep us posted.

 

Dont send them nothing, let them do all the work:-)

[tomterm8]

Hi,

 

Have Wescot written to your brother at the address where you asked them to send the copy agreement?

 

If they have, then get him to send them a copy of a recent utility bill and tell them there are no sections in the Consumer Credit Act requiring details of any previous addresses and they can take the utility bill as proof of identity.

 

Also, remind them of the 12 working days they have to supply you with the documentation you have asked for and also there are no provisions with in the act to extend this timescale.

 

Keep us posted.

 

Given the various regs, it is important if you DO send proof of id that you write on it "Provided as proof of identity FOR Consumer Credit agreement request on DATE" since, you don't want them to be able to use it for other purposes.

 

frankly, I would send them a formal complaint under the consumer credit act 2006, since they have been sending you lots of letters without being sure of your identity... which is a breach of the data protection act 1998.

[kezzy400]

Hiya..thanks for the swift replies!! Its so nice to have your help and advice!

My brother is here now and Im trying to show him not to worry!

Yes the address is the same and hes panicking because he thinks the bailifs are now coming ( im going to go through the threads with him on bailifs to try and reassure him!). Should he completely ignore the letter or should I send a letter for him stating thats its not his responsibilty to prove the debt and remind them of the time limits? Sorry for the questions..I just dont want my brother to think hes doing the wrong thing! Any reassurance for him is greatly appreciated!! Thanks again for your help! Kerry

[tomterm8]

Assuming no county court judgement has been issued, then baliffs are not a possibility (they are an enforcement procedure AFTER a CCJ has been defaulted).

 

Do you know what type of debt this is, and has a six year period gone by when he did not admit the debt in writing OR pay any money?

[Justforfun]

frankly, I would send them a formal complaint under the consumer credit act 2006, since they have been sending you lots of letters without being sure of your identity... which is a breach of the data protection act 1998.

 

I completely agree, they send you threats on one hand,and then on the other please supply us with your previous addresses coz we might be in the s _ _ t with data protection.

 

Personally i would sit back and let them suffer, if the matter did ever go to court which i'm sure it won't, could you see them saying to the judge, we aint supplying a CCA as requested coz they wouldn't tell us their previous address..i think not.

 

A message for Bro, no Bailiff will knock your door without a court order, and if a collection agent knocked your door tell him/her to p _ _ s off, they have as much rights as a paper boy.

[kezzy400]

hiya..From what hes telling me it was just a provident loan and the last payment/contact he made was before 2000. I keep asking if hes sure and hes 100% it was before 2000..so well over the 6 years?! Kerry

[kezzy400]

I think we'll do the formal complaint like you've suggested and see how it goes from there! Im not very good at composing letters myself...can anyone help with what I should write in the letter? Sorry for sounding a bit thick!! Kerry

[clutchingatstraws]

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

 

Letter M before the complaint may be wise.

[clutchingatstraws]

Wescott have no rights to any of your brothers personal information, the CCA request is valid.

 

If no payment, acknowledgement in writing or CCJ applied the debt is statute barred.

[sillygirl1]

Remind Westcot of the Statute of Limitations, this debt from Provident appears to be Statute Barred and no amount of asking for three previous addresses will work - they HAVE the access to this data anyway via their friends in the Credit Reference Agencies and will have this when they did a search on your brother.

 

Complain about this to the Ombudsman service, they DON'T need this data under the terms of the CCA act and are using it as a means of obtaining data they do not legally have the right to ask for. You have CCA'd them and they should comply with that request without further complicating the matter.