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mollybe

RBOS...Again!

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Okay...so now the RBOS credit card dept have decided to jump on the bandwagon.

 

I have had a credit card with them for years and years and as with all my other creditors have been making token payments for some time now. The reasons being we got into financial difficulties when my husband had to retire from work on medical grounds (he had a heart attack and has since had 2 more) and I myself am on long term sick leave for various conditions. We now only have a small works pension and 2 x Incapacity Benefit to live on.

 

I received a letter from Westcot dated 22/5/09 3which was a Final Notice. This is the first I have heard from them and have had nothing whatsoever from RBOS.

 

I sent a CCA on 3rd June to which they have replied telling me t write to another address. They have sent back the postal order which was made out to them so is of no use to me!

 

Now I have received another letter saying they are willing to offer me a reduced settlement and want me to call them!!!! I have no wish to do this and would like some advise on how to proceed please.

 

I have no default notice, no NOA, CCA or statments.

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Hi Mollybe

 

Cant keep up with your threads;)

Ok looks like they are gettting a little impatient,continue to make your token payment and retain proof of all payments.Write to RBS and request what the involvement of Wescot is? as you are aware that their is no problems with your payment plan and why is your data being passed around to third parties?

 

Update your thread as and when ness Molly

 

Regards

 

Andy

Edited by Andyorch

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Sorry about the multiple threads...its a nightmare I know!! Just because I am paranoid doesn't mean that everyone is out to get me!

 

Tnaks for that reply...great advise as usual..but it was actually the 'Please help I'm scared' thread I was hoping you could take a look at. You have advised me loads on that one and I culd really use your help again.

 

BTW I am tipping your scales when i can but I guess I have done it too often as it is telling me off now! I need to spread it around apparently!

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Hi Molly I have replied to the above thread and advised on your course of action.

Dont worry about the scales being tipped lets get your problems resolved.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Hi again everyone,

 

the saga continues....I sent the letter Andy suggested recorded delivery on 20th July..recorded delvery of course and have heard nothing from them.

 

I received a phone call from Westcott on Tuesday asking me to confirm address etc. I refused and told them I had no wish to discuss my financial situation over the telephone with them.

 

I also told them I had written to RBOS asking what the involvement of Wescott was, and have received no reply.

 

They are now calling me every day, I received a call just now and they say they are allowed to call me once a day without it constituting harrassment. I told them I had nothing further to add and hung up.

 

What do I do now...I don't want these calls. I kow I can write asking them to cease calling, which I intend to do but is once a day harrassment?

 

I also don't know what to do about having had no reply to RBOS about the involvement of Westcott.

 

Will this ever end??

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mollybe,

 

why did they ask you to write to another address? They should pass the CCA onto whoever they are acting for if the debt has not been assigned.

 

What was in the letter? are wescott acting on behalf of RBoS or has it been assigned to them?

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Hi Hungrybear,

 

I sent the CCA request to Westcott as they had sent me a final demand notice. They returned the £1 postal order and gave me an address which is RBOS.

 

They say they are acting on behalf of RBOS but I have had nothing from them to say they have the assigned the account to Westcott. This is why I am refusing to deal with them.

 

If they have be assigned by RBOS surely they can request the correct paperwork from them. They just keep telling me to phone RBOS and want to give me the phone number, but I told them they should be doing that.

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Mollybe,

see the post below an idea struck :-x

Edited by hungrybear
superceeded by the post below

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Thinking this through...

You CCA'd the agent instructed to act on behalf of the creditor, which is fair and reasonable. Soooooooooo, this matter is now in default - no gray area. Ignore all their flapping and send them the default letter. Tell them to tell RBoS that you will not correspond with either of them further until they provide definative legal prove that there is any matter to discuss.

 

Seems like westcott want the money but not the responsibility, sorry it dont work like that, they are either dealing with this for Fred's robbers or they are not - they cannot have their cake and eat yours.

 

Also tell them to stick their telephone calls, but using the polite letter templet of course :p.

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what to do

you gonna have to edit a couple of letters into one

 

see the writing in red is this letter:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

and this letter to it:

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

and send to wescot

 

ida x


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Thanks for the replies.

 

I am confused now...do I send the default letter or the 2 letters combined as per idainfife..or just go for broke and send all the lot!!!

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edit them all

 

send a letter stating that the account is in dispute as they had to fullfill your agreement and to stop calling

 

roll them into one

 

ida x


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Hi again,

 

I have the letter all prepared and ready to post tomorrow, but yesterday I received a letter from a solicitor and am unsure how to proceed.

 

The letter states that they are acting on behalf of Wescott and unless payment is made within 7 days of the date of the letter legal proceedings wiill be commenced without further notice.

 

Do I still send the letter to Westcott, and do I reply to the solicitors?

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to keep your self covered send what you already have to wecot

 

and send this to the sols putting in the date of the original cca request

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-


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Thanks for that Ida, but the link you sent just takes me back to the home page. Could you possibly post it again for me please?

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Help!!!

 

I have sent letters to Wescott and the solicitors this morning. I sent them special delivery because of the postal strikes and because they are still calling me every day!

 

I just had another call from them and when I refused to confirm my details she said 'Okay then, I will arrange a home visit' and slammed the phone down.

 

I can't cope with this and my poor husband, who is still recovering from a heart attack would most likely have another one.

 

What do I do?

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more chance of me turning up at door!

 

its normally a scare tactic

 

ida x


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If they ring again, tell them you are recording the call and that they should put everything in writing and not to call again then put the phone down.

 

(see if you can get all that out before they hang up!)

 

rinse and repeat as necessary!

 

In the unlikely event that me and Ida did turn up at the door after winning the lottery then just say put it in writing goodbye. If they then do anything but turn round and leave just call the police.

 

Simplez.

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Until they provide you with the CCA, the account is in dispute!

 

Wescot were asked on 3rd June for CCA & the letter says that

 

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.

So it is down to them to get the CCA from the OC. As it was requested in June, I think it's fair to say that they've had the 12 working days :lol:

OK so they returned your £1 - but it's still their responsibility to pass the info to OC.

Until they comply just tell them to get lost & when they phone simply say 'everything in writing'

Don't worry about them & get on with the important stuff :D

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I sent the letter as advised by Ida including all the points in each template.

 

I have received a letter from Westcot this morning which states the following:

 

I refer to your letter 27 October 2009 regarding the above matter.

In relation to the requests you have made, Wescot is not the creditor and is, therefore, not obliged to provide you with the information that you have requested. Should you require a copy of the credit agreement, as per our client's instructions this needs to be requested direct from our client under s.78 of the Consumer Credit Act 1974. This request should be made in writing along with a cheque or postal order for the prescribed fee of £1.00 to the address below:-

Consumer Credit Act Requests Cards Customer Services PO Box 5747 Southend on Sea SS1 9HA

Please note, however, that not providing this documentation under the Consumer Credit Act 1974 does not affect the validity of this debt.

With regard to your comments concerning our involvement, our contract is with The Royal Bank of Scotland, our client and we, therefore, do not need permission from you to handle the account as we have been instructed to do so by our client. Further, the terms and conditions of your contract with our client state that should the account enter default, the account may be passed to an external recovery agent.

 

It goes on the say that they have now put the account on hold for 30 days giving me time to contact RBOS for the CCA.

 

So, now they are saying it is not their responsibilty to provide this and for me to CCA RBOS. Is this what I do next?

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The next thing you should do is NOTHING

 

They are wrong. Don't play their games, play to win!

 

When/if they (west) write again refer them to your June letter and section 175 and 189. Tell them it's a matter for them to decide which of 175 or 189 applies to them but ONE OF THEM MUST else they have no authority to act in this matter. Tell them that the matter is in dispute according to 78(6) of the CCA due to there failure to comply with your lawful request and will remian so until they do. Tell them that 'if you write again no doubt you will provide definitive legally enforceable proof that there is a matter to discuss, else I fail to see what meaningful response I could possibly give'

 

Or to put it another way:

 

Dear muppet,

 

You are wrong and we both know it. Either put up or shut up. Goodbye.

 

And if RBS write tell them to make there mind up who's dealing with this and get back to you. Deal with one or the other else they'll pass you about and take the p.

 

As mkb said get on with the important stuff in life. Westcott should not even make the list.

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Sorry missed this bit in their letter

'Please note, however, that not providing this documentation under the Consumer Credit Act 1974 does not affect the validity of this debt.'

 

Note that this is validity - ie as far as RBS are concerned their requests are valid without paperwork.

 

What they could have written as well is

'Please note, however, that not providing this documentation under the Consumer Credit Act 1974 does affect the enforceability of this debt.':rolleyes:

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report them to the OFT for refusing to deal with a cca request

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/195265-complaining-oft.html


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