CCA Request - Wescot

[andymanx]

Here is my CCA Request for Wescot. Will keep you updated.

 

27 February 2009

 

Wescot Credit Services Ltd

PO Box 137

Hu ll

HU2 8HF

 

BY RECORDED DELIVERY.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Dear Sir/Madam

 

Re: Ref No. REMOVED

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the Credit Agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Yours Faithfully

 

Andy Manx

Edited February 27, 2009 by andymanx

[esmerobbo]

Lets hope it lands on the one persons desk that can read!!

[andymanx]

lol

[andymanx]

Just checked the Royal Mail website and they have received my letter on 2 March.

[clemma]

What day did you post it though? The 12+2 working days start from the day you sent it.....(presumably you sent the other letter the same day as well).

 

EDIT: It's ok - I remember this - They have until the 19th March to respond to ALL your letters if you sent them 27th February.......

Edited March 4, 2009 by clemma

[andymanx]

Thanks Clemma.

 

EDIT: for answering my post with the date lol

Edited March 10, 2009 by andymanx

[clemma]

**wonders what she did**

[andymanx]

The debt owed to Wescot is for Halifax, for a Credit Card.

 

The strange thing is that although the debt is now owned by Wescot - on my credit file it is Halifax that are updating my payment history on there every month (see screenshot below) and on my old online Halifax Banking Account, which for some reason is still open (But only shows as "Enquiry Only".)

 

Any ideas as to what is going on here? As shouldn't Wescot be updating my credit file as they are the owner of the debt and not Halifax?

 

Also, Halifax have incorrectly updated my credit file to show as "Defaulted" on my Credit Card Debt, when I have been paying the debt back (apart from this month). What can I do about this?

 

[andymanx]

Halifax are also playing around with my other Debt owed to Moorcroft. Please see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186404-cca-request-moorcroft-x.html#post2028312

[clemma]

Do Wescot own the debt, or are they collecting on behalf of Halifax??

 

Halifax are saying you haven't made a payment to them since June 2008 which is why they have defaulted you. How long have you been making payments to Wescot??

 

To be honest, credit files are not my strong point, but this is concerning me. Unlike your other thread, even though you are still showing 6 months behind in payments - it is not increasing. This one is........

 

Hopefully someone else will be along to help.

Edited March 10, 2009 by clemma

[andymanx]

What day did you post it though? The 12+2 working days start from the day you sent it.....(presumably you sent the other letter the same day as well).

 

EDIT: It's ok - I remember this - They have until the 19th March to respond to ALL your letters if you sent them 27th February.......

Do you mean the 13th? Unless, my calculations are kaput lol.

[clemma]

It's 12 + 2 working days (so weekends don't count). I still get the 19th March

[andymanx]

Do Wescot own the debt, or are they collecting on behalf of Halifax??

 

Halifax are saying you haven't made a payment to them since June 2008 which is why they have defaulted you. How long have you been making payments to Wescot??

 

To be honest, credit files are not my strong point, but this is concerning me. Unlike your other thread, even though you are still showing 6 months behind in payments - it is not increasing. This one is........

 

Hopefully someone else will be along to help.

To be honest I am not sure. I assumed that they had sold it to Wescot. I cant find any of the initial letters to clarify this. Should I write to them and ask them to clarify?

 

I made the first payment to Wescot in approx. October/November 2008.

[andymanx]

It's 12 + 2 working days (so weekends don't count). I still get the 19th March

Thanks hon. Didn't realize that weekends don't count.

[clemma]

To be honest I am not sure. I assumed that they had sold it to Wescot. I cant find any of the initial letters to clarify this. Should I write to them and ask them to clarify?

 

You could do. I haven't got a template letter, but you could ask Wescot for a copy of the Notice of Assignment. If Wescot have bought the debt then they should have one of these.

 

It's just mighty strange that you are still being penalised even though you are making monthly payments. I just don't know enough about this at the moment **thinks she should read a bit more**

[clemma]

Thanks hon. Didn't realize that weekends don't count.

 

Nope - neither did I till I was told off for giving wrong dates

[andymanx]

If they default on the CCA Request, how do I go about getting the debt removed from my Credit File?

 

And does anyone have a template letter that I can send when they do default on my CCA Request?

[clemma]

I have - but its on my laptop. Will post it later for you

[vjohn82]

This is the one I sent to Aktiv the other day... just amend to your own requirements.

 

Dear Sir/Madam

 

Thank you for your letter of [insert date], the contents of which have been noted. As I understand from the letter you have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

Please note that for the continuation of my original request this account has entered into default from [insert date] which is 12 working days from the date I sent the original request.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account as proof of ownership of said account.

 

Please note the following:

 

I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has now expired.

 

Section 77(6), of the Consumer Credit Act 1974 states:

 

“If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.”

 

Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data and would require this in writing before I am forced to write a complaint to the credit reference agencies who you have reported information to, the Office of Fair Trading and the Information Commissioner.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

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

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

3) You may not pass the account to a third party.

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

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

6) You must remove information logged with any agency which you claim you assert the rights to.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[andymanx]

Thanks Vjohn & Clemma.

Edited March 22, 2009 by andymanx

[clemma]

Thats fine

[andymanx]

Thanks Clemma. Your a great, big *

[clemma]

Thanks Clemma. Your a great, big *

 

I know..........

 

Seriously - you're more than welcome

[vjohn82]

It will have them rattled I'm sure of it... they have so many of these types of letters flying around...

 

What we need is to set up a site dedicated to ratting out these DCA's... I might set up a blog especially for Wescot/Aktiv and Cabot so people can search it via google if they get a letter from them.

[andymanx]

Great idea Vjohn! Let me know if you need any help.