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ocraz775

ocraz775 Advice please.

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Does anyone know if, when a credit card company hands over your account to a service like westcot, if you still have the same rights to claim unfair charges they slap on at an incredible rate? Do they have to respond to the same "Unfair charges" letters, and send you a copy of statements etc? Furthermore, when westcot then sells on to another company and they charge you even more, is this legal? Here's hoping someone out there has some advice for me. Many thanks.

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Post moved to start a new thread.


 
 

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I think I am correct in saying that your agreement was only with the credit card company and you only have to abide by the terms in your agreement with them.

 

Have you ccad them to see if they have any agreement at all?

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dca's cannot add charges nor interest. full stop.

 

sadly one of wescotts fav tricks

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I think I am correct in saying that your agreement was only with the credit card company and you only have to abide by the terms in your agreement with them.

 

Have you ccad them to see if they have any agreement at all?

 

Sorry to sound like a plank but what is a ccad?

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Sorry to sound like a plank but what is a ccad?

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Thanks for starting a new thread for me maroondevo52. Only found this site a few days ago and cannot believe how helpful it is.

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Sorry to sound like a plank but what is a ccad?

 

Do you mean I should ccad the credit card company or debt collection company? Many thanks for the quick reply before, much appreciated.

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Send a CCA request to the DCA.

 

They have to provide A TRUE copy of your original credit agreement within a fixed timesacale (12+2 days) and if they don't, they have to cease collection activity until they provide it. It is this that sets out the terms and conditions of your agreement with the original creditor. It costs 1 pound and don't sign the letter.

 

Post up on here what they send back to you, and no doubt soemone will be along who will be able to tell you why your agreement is unenforecable (that's if the DCA provides it at all)

 

It's a mechanism to put them on the back foot and get you in control of this ridiculous situation:)

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Many thanks kurvaface, I will certainly post up what they reply.

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Looking forward to seeing how they can explain their charges.... in English.:D

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Hi Ocraz,

Welcome :)

Regarding your original question..if your original Credit Card company imposed unfair penalty charges on your account, then regardless of whether it's been passed on to a DCA you can still claim those charges back..it's your money and may even negate the debt if there's a lot.

The process for this is started by sending a Subject Access Request to the original company, along with a POSTAL ORDER for £10. Print your name, don't sign (as with the Consumer Credit Agreement request). Send by Recorded Delivery and keep receipt as proof.

They have 40 calendar days + 2 working days to supply all the data they hold on you, including statements.

Well done for taking control :)

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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The only restriction is that you cannot reclaim unlawful charges older than 6 years ago, because of the Statute of Limitations.

 

Unlawful Overlimit and Late Payment Charges can be reclaimed from the credit card company who imposed them, not from Debt Collection Agencies who bought up a bad debt. They can also be reclaimed for an account already fully paid up and closed. This is well established in principle and in practice times beyond count.

 

Not sure which card you refer to. Egg returns a stack of paper one-inch thick, most of which are of no interest. It probably takes them half a man-day to collate this info, and often all of 6 weeks and more, so for their own advantage they offer claimants two other options if the claimant agrees: £5 for past statements only, or £5 for a list of disputed charges only. The last two lists will come much much faster, the full statements preferable to the charges-only list.

 

CCA request at a cost of £1 is for those who try to dispute if an agreement was ever legally enforceable. If you have no appetite for wrestling then this is unlikely to be for you.

 

Very best wishes. ;)


 

 

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