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Wescot & CCA return for creation finance debt


DrHunt
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Wescot got in touch with the wife regarding a debt with Creation finance for approx £800

 

I read the excellent advice of the forum and sent Wescot a DCA request dated the 16th Apil including my £1 postal order

 

I've recieved a letter from Creation today

 

 

 

 

Dear DrHunts Mrs

 

Thank you for your letter dated 16th April 2009 which had originally been sent to Wescot Credit Services Ltd. This letter was received in the Data Protection Department on the 29th April 2009

 

 

We will be more than happy to supply you with the information that you requested. However, in the accordance with the consumer credit act, we will require a statutory fee of £1.00 to enable us to proceed with this request. This should be in the form of a cheque or postal order and should be made payable to Creation Financial Services. We have returned the original Postal Order that you have sent which has been made payable to Wescot Credit Services

 

 

I have enclosed a business reply envelope for your convenience.

 

If you have any further queries regarding this, pleas do not hesitate to write to the Data Protection Department at the above address

 

Yours Bla bla

 

 

 

What should I do next please? My understanding was that it was Wescots responsibility to deal with the CCA request within the time limits.

 

Thanks in advance

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Hi there,

 

Send them this letter on a very heavy piece of paper -

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2009 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

 

Amend to suit, send by Recorded Delivery

 

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I'd make a complaint to Creation's complaints department for mucking you about. They assigned the alleged debt to Wescot but replied themselves when you requested a copy of the agreement. Who do they want to deal with this - themselves or Wescot? I would tell them you will have no further correspondence on the matter until that has been clarified.

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  • 4 weeks later...

Hi all and thanks again. I sent the second letter as supersnoopers post to Wescot and got a reply on Friday saying the accounts on hold etc.

 

Is this Wescot done? Or do I need to follow up /

 

Thanks

 

Drhunt

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  • 1 month later...

Right got a reply to this today from Wescot approx 6 weeks after my cca request with signed copy of my original agreement dated 2000 demanding full payment now (approx £1000)

 

Can you advise where i go from here please? Wescot arent the people I had he agreement with. And its taked approx 6 weeks for the cca?

 

Many thanks

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Agreement dated 2000 - when was the last payment made - more than 6 years ago??

 

No Sadly the last payment was Jan This Year

 

Just uploading the letter now thanks

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Removed all personal details. Please note the bottom left ref number had a line through it and a second number written in over the top (amendment not noted or signed) Not sure if thats relevant too

 

swscan00001.th.png

Edited by DrHunt
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Well, it's a microfiche copy for starters and also an application form. It contains none of the prescribed terms and conditions needed to make it enforceable :)

 

Send them the following letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

Dear Sir/Madam

 

RE: Agreement/Account number

 

Thank you for your response to my letter dated xxxxxx 2009, making a formal request for a true copy of the original credit agreement for the above account under the Consumer Credit Act 1974 (Sections 77-79).

 

The documents you supplied me appear to be no more than an application form, and as such are not a satisfactory response to my request. Nowhere on the front of the document is there any reference to the prescribed terms and conditions that such an agreement must contain. I must assume that these are unconnected documents and once again inadequate to satisfy your obligations.

 

As you are aware you are obliged to provide me with a true copy of my agreement as defined under Section 189 of the CCA 1974. and I consider that you have failed to comply with my request for these documents

 

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested documents. This deadline has now passed and I have not received the requested documents from you.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable & I therefore consider that this account is in dispute with immediate effect & it follows that all payments to this account are suspended forthwith.

 

I draw your attention to the legal requirement 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 therefore the following applies:

You must not demand any payment on this account, nor am I obliged to offer any payment to you.

You must not add any further interest or charges to this account.

You must not pass this account to any third party.

You must not register any information in respect of this account with any of the credit reference agencies.

You must not issue a default notice on this account

I hereby give you notice that if you proceed with any of the above actions, I will file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

Yours faithfully

 

They will write back to you stating that they have fulfilled their obligations under the CCA - but they haven't!! Put it into dispute and you need not worry about making any more payments ;)

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  • 1 month later...

Notice it says court proceedings "may" be lodged. This letter covered in red and talking of court proceedings is just to frighten you into paying. What are they going to take you to court with - and application form with no prescribed terms? I would report this to the OFT, sending them a copy of this letter and stating that they are threatening court proceedings without an agrement for the alleged account - and I would send a copy of the letter to the OFT to Wescot's Complaints Department. That should shut them up.

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They cannot ask for payment when the account is in dispute.

 

As Pinky69 states report them to the OFT and don't worry about this one anymore.

 

Until they can supply you with a 'true' copy of your agreement then you do not have to pay anything to this. Chances are though that they haven't got one as they would have sent you it so just sit back and relax;)

Andy...

 

 

 

 

 

 

 

 

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