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Wescot RBSicon (Mint) card CCA reply

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Hi,

I requested a CCA from Wescot way back in January, relating to an RBS (Mint) card I had. Their reply came back dated 23rd January 2009 saying that their client RBS has requested that I write to them with a £1 payment and ask for the CCA under section 77/78.... I presume of the Consumer Credit Act 1974.

Well I didnt ever do that and I have not written back to Wescot since then either but they are still chasing the debt.

Can someone advise. Should they have requested the CCA from RBS when I requested it or is it my responsibility to request it from them? Did they miss the 30 day cut off time by sending me this reply??

If not, should I just now send the request directly to RBS or write again to Wescot?

HELP!!!!

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usual tricks by wescot

if they are chasing you, they must have a valid CCA.

 

they have failed your CCA request [12+2 WORKING days]

 

fire off the failed to comply to CCA request letter.

 

then ignore them.

 

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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Hold on - if they 'must have a valid CCA', then why not send me it when I requested it. It sounds to me like they don't have it and didnt want the responsibility of having to request it from RBS.

Even though 6 months have passed can you please advise if I should send the Failed to comply to CCA request letter - or re-request the CCA.

Thanks,

Mick

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Make a formal complaint

 

Ask for a copy of their complaints procedure

 

Escalate to the Financial Ombudsman

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The letter I sent in January (found on this site I think) states....

 

"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."

So, they should not have passed this back to me should they???

Appreciate the support I am getting in these forums. Wish I had taken my head out the sand a couple of years ago and used the advice on these forums rather than losing all the sleep I lost the past few years!

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The letter I sent in January (found on this site I think) states....

 

"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."

 

So, they should not have passed this back to me should they???

 

Appreciate the support I am getting in these forums. Wish I had taken my head out the sand a couple of years ago and used the advice on these forums rather than losing all the sleep I lost the past few years!

 

Yep, you are absolutely correct, they have no right passing it back to you and the regs state they must pass it on to the original creditor or debt owner not you.

 

They know this, they just dont want the bother/hassle doing it themselves.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hold on - if they 'must have a valid CCA', then why not send me it when I requested it. It sounds to me like they don't have it and didnt want the responsibility of having to request it from RBS.

 

Even though 6 months have passed can you please advise if I should send the Failed to comply to CCA request letter - or re-request the CCA.

 

Thanks,

Mick

 

 

 

fire off the failure to supply.

they have had their change.

 

this is a typical trick of wescots

 

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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Thanks for the advice. Could I ask one of you more experienced in dealing with these kind of people, to cast your eye over the letter below which I intend to send today. I am worried that if I am wrong in the legal assumption that they have failed to comply, then they might come after me more ruthlessly after I send this.

 

Letter........

 

Account In Dispute

Wescot Debt Number : xx/xxxxxxxx

Client Reference : xxxxxxxxxxxxxxxx

Dear Sir/Madam

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

Thank you for your letter dated 23rd January 2009, the contents of which have been noted.

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.

On the 13th January 2009 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

To date you have failed to comply with these requests other than your letter dated 23rd January 2009 advising that I should write to your client to request the CCA agreement. This is in breach of the Consumer Credit Act which states : “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.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the 13th January 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are 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 period has expired.

As you are no doubt aware section 77(6) 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.

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.

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.

 

• 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.

I reserve the right to report your actions to any such regulatory authorities as I see fit. 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 require that ALL future and subsequent communications in relation to this account are in writing ONLY. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Further telephone calls will be in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

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Can anyone say whether this is acceptable to send. I need to post shortly.

Thanks.

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Can anyone say whether this is acceptable to send. I need to post shortly.

 

Thanks.

 

Ok, I've given it a quick once over... you need to change this bit..

 

To date you have failed to comply with these requests other than your letter dated 23rd January 2009 advising that I should write to your client to request the CCA agreement. This is in breach of the Consumer Credit Act as 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.

 

The CCA1974 doesnt contain that statement in quotes, it needs to be referred to rather than quoted in my opinion.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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"they might come after me more ruthlessly after I send this."

 

they have NO LEGAL POWERS anyhow, so i wouldn't be worried on this front.

 

TBH: i'd just totally ignore them or the next bunch on the list that do the same.

 

fire it off then get on with your life

 

there is NOTHING these phishing chancers can do to you.

 

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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Thanks for the replies.

I would ignore them but it would be more fun getting them to scurry about looking for CCA's that they can't find. AND, more importantly I want to try and get my credit rating fixed so I dont know how ignoring them affects that so I'll see what they say.

I'll let you know what they come back with.

Cheers !

M.

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I have today got a letter back from Wescot which says....

 

"Instructions have been received from our client to withdraw the account therefore, you should receive no further contact from Wescot in relation to this matter."

 

However I have now got Regal Credit Sservices chasing me for the same debt so can anyone advise whether I should send them the same CCA request? I have written to them advising that the account is in dispute with Wescot but don't know if this affects their attempts to recover the debt.

 

Can anyone advise what I should do as a next step.

 

Thanks

Mick

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i'd stop playing their games.

 

the more you reply, the more phishing letters you will get.

 

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'd stop playing their games.

 

So should I just ignore the Regal letters and phone calls? If Wescot have written this, does that mean that RBS cannot supply the CCA?

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I've got to the stage I just ignore them all

 

none have been able to produce a CCA in the past 2 years,and I certainly cannot be arsed repeating myself to some spotty teenager manning a bottom feeder DCA threat-o-matic machine


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If you get fed up with all the phone calls then write to RBS Requesting a CCA. chances are they sold the debt to wescott and would have then deleted any data including CCA or they only have the signed agreement but not the term's and conditions i.e one side of the original CCA stored on computer, when the terms were on the back of the same piece of paper you original signed which would make the debt automatically unenforcable.

 

Basically go straight to the creditor and if they cant produce the CCA, which i doubt they still have, then throw the non complience letter at them. and request they get the DCA of your back, as they will then be acting unlawfully without any doubt.

 

Also am sure i read somewhere that when creditor is in default, that it can not be sold or past on to another company. please correct me if am wrong.


Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

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Regal Crudit,the ones with the big red scary letterheaded threatograms appear to be getting really desperate......

 

the tone of the latest missive seems to be fairly high up on the hysteria scale

 

it's very helpful that they send prepaid reply envelopes to send back to them....I had a lot of old rubbish to get rid of,so they might as well pay for disposing of it ;):D


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