Westcot/ IF Credit Card

[cenglish]

Hi Ida,

 

Sorry its taken a while to reply but just wanted to say thanks for your help.

 

I'll keep you posted on what's going on.

 

C x

[cenglish]

Latest update. We today received a letter from iQor.

 

"Our client, Intelligent Finance, have advised Wescot were dealing with your account prior to iQor and they were informed on 25th Feb 2009 that a copy of the agreement was unavailable and they should have informed you. Our client, Intelligent Finance, also advised that unless you are taking legal action they do not have to provide the agreement to collect on the debt, and they have asked that we pursue this debt.

 

We would be grateful if you would let us know how you wish to progress this matter.

 

Your account has been placed on hold for 2 weeks to allow time for your response."

 

Anyone have any thoughts, advice....

[blueda]

The advice i have been given on this site is no CCA = debt unenforcable, although that does not stop them from asking for it, it sounds like they are at it, so have sent a threatogram.

[IdaInFife]

thoughts, yes what a bunch of compete and utter numpties, keep that letter safe as they have offically stated they are not following OFT guidelines.

 

If i was you I would be making a complaint to TS and the OFT using that letter as evidence and whilst doing that I would just send a simple letter to them:

 

Dear No IQ,

 

Account in Serious Dispute

 

Thank you for the letter dated xx/xx/xx confirming your client, Inteligance Finance do not hold a copy of any alleged agreement relating to myself.

 

You also state on the above letter "unless you are taking legal action they do not have to provide the agreement to collect on the debt, and they have asked that we pursue this debt" which is against OFT guidelines.

 

Thelack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

Please send me a copy of your complaints procedure. All received and future corresspondance will be used as evidence in a formal complaint to Trading Standards and The Office of Fair Trading due to your continued harrassment whilst this account is in dipute.

 

Now fook off and leave me alone

 

 

Ida x

[cenglish]

Hi again. Latest developments.

 

Following the letter from iQor we received, from IF, the exact same letter as posted on here previously except dated 30/04/09.

 

We replied 06/05 with the letter to iQor (as posted by IdaInFife 28/04/09) and also replied again to Intelligent Finance with the letter as posted by IdaInFife 12/04/09.

 

Today we've received a reply from IF refering to letter of 10/04 (?) I've attached a copy. I am absolutely fuming. Enclosed with the letter was a signed CCA for MY credit card not my husband's credit card. He's an additional cardholder on my card but am I correct in saying that 1) that's a seperate issue and my responsibility and 2) they've breached data protection. I haven't attached a copy of this because, basically, there's a lot of personal data on it but I applied for my card in Nov 02 and he didn't apply for his until Aug 03. All correspondence is clearly dated and it clearly refers to me as principal cardholder and him as additional.

 

I'm beginning to wonder if this is a trick to trip us up. You know we'll write back "oh this isn't mine I applied in Aug 03" doh! doh! I was beginning to feel guilty about this, you know, at the end of the day the money's been spent and we overstretched etc. But now I'm p'd off. Also, if they can produce this for a 2002 account perhaps they'll produce one eventually for his (opened 2003). I guess we'll have to cross that bridge when we come to it.

 

Also, I don't know if you saw this on BBC News 08/05. BBC NEWS | Business | Judges seek hold on debt claims Does this have a bearing?

 

Just want to say we really appreciating all your help, would have caved a long time ago if didn't have your help. So sick of "them" bending the rules to suit themselves.

IF Letter Rec'd 120509.pdf

[IdaInFife]

right i am confused!

 

the account you are querying is a credit card in your husbands name - no additional cardholder?

 

and you have rec'd a cca for a credit card in your name but your husband is additional card holder?

 

so you basically had 2 cc accounts with them?

 

#ida x

[cenglish]

Yes. My husband's account is the one that they are pursuing through a DCA.

 

There is no dispute on my account (which is much smaller) although, he is an additional card holder on my account.

[cenglish]

Sorry, you're worrying me now. I didn't think this would be relevant, is it? We weren't married at the time either that's a later development.

[IdaInFife]

nothing to worry about just ma heed is mince and was just clarifying a few things.

 

If you really want to screw with them and make their heed aw mince I would be writing aletter of complaint to their data controller why they are disclosing personal info to someone else.

 

give me a few moments.......

[IdaInFife]

Write al etter to them from yourself including a copy of the letter received

 

 

Formal Complaint

 

Dear Sir/Madam,

 

It has come to my attention that you have disclosed personal and financial information about me to another member of my family. I have never gave you consent to disclose any of my financial relationship with yourselves to any other person.

 

Please find enclosed a letter dated xx/xx/xx which is addressed to Mr Cenglish but has details of my relationship with your company and has no relation to Mr Cenglish.

 

This breach of the Data Protection Act 1998 has caused me serious distress and has cause detrimental affects to my home life which also is covered by the Human Rights Act 1998 in which Data Controllers are also bound by.

 

This letter is to be taken as a serious complaint and I would expect a respose in writing within 14 days on how to are going to rectify this situation.

 

Your Sincerley,

 

 

 

ida x

 

Head of Regulatory Risk,

Intelligent Finance,

1 Baird Road,

Kirkton Campus,

Livingston,

West Lothian, EH54 7AZ

[cenglish]

Yikes! I'll send this off and see what happens.

 

Thanks again.