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Westcot - too late?


jedbird
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:)Hi there

This is my first post so apologies if I get it wrong. In 2004 I had a loan with MBNA for £5000.00. In 2005 due to redundancy I was unable to keep up with the repayments and eventually stopped paying all together. I was contacted in December 2006 by westcot saying they were collecting the debt whixch was then circa £7.5k? i panicked and agreed to pay bymonthly installment which I have done till now. The debt is down to £2.1k which i agreed by telephone to clear by 8th October 2009. After reading the posts on this site I feel I have paid more than enough to them and have been foolish in agreeing to settle the debt. I plan today to post A SAR and CCA request. Is this bolting the stable door after the horse has bolted. Any advice would be greatfully received.

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The SAR needs to go to the original creditor & the CCA to westcot, then you'll be able to determine what the balance was when Westcot took it on. Unless your agreement stipulated that interest/charges could be made it sounds as if you have paid this off by now & possibly they may owe you something.

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  • 3 weeks later...

That is Westcotts 12+2 days up and have not received a copy of CCA. Can anyone advise of the next steps please. I would like to get to point where I could offer a full & final settlement.

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You can now send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and legally withold payment until they provide an enforceable agreement. You'll have to wait to see what their response is before making a full & final offer.

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  • 3 weeks later...

Still not any word from Westcott. Should I just sit tight. Should I have had an annual statement from them as well as have received nothing so far. So glad I found this site as had no idea of the tricks these DCAs get up to.

thanks

Jedbird.

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  • 1 month later...

Hi there. Just received copy of agreement from Wescot and wondered if soemone could take a look at it. I do not have access to a scanner but have taken a photograph if soemone could give me advise on how to upload. One thing is it has shown is there is PPi on it which I would not have taken out. I now want to SAR MBNA can I still contend that the account is in dispute to reclaim charges and PPI. Any advise gratefully received.

thanks

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If you upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here we'll be able to see them.

 

On the Tinypic page left click the 'choose' button & a seperate window will open, choose which file you want to upload and left click 'open', the window will close then left click 'upload now' button. Your document will upload to tiny pic & the page will refresh giving a list of links. Just copy & paste the Url link back here & we'll be able to see it.

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I have found a suitable letter to send to MBNA re reclaiming PPI. Should I send a copy to the DCA and is there a template to send to the DCA re affirming the account is still in dispute. I have read a lot on the forum and wish I had found it years ago as I have spent many sleepless nights which may have been avoided. I have managed to clear all my debts apart from this one and I could kick myself for just accepting what was said to me. Keep up the good work.

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I can't find a loan agreement the same as the one I have been sent but in looking throught the forum it would appear that it may be unenforceable. Can't scan it up at the moment but it does not have separate prescribed terms for the cash advance and the loan insurance. It is an agreement from 2003.

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  • 3 weeks later...

Can't read it to see if it's enforceable or not. Also the fact that it is illegible in the scan stops us from being able to see whether any third party has the right to add charges after sale.

 

Is the copy they sent as illegible as the one posted in the scan?

If not can you try and upload a higher quality picture so we can have a look at it?

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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sorry I don't have access to a scanner so tried to take photograh with my phone. The original is legible but I cannot see anything about a 3rd party having the right to add charges. From what I have read on the site it appears to be a microfiche copy.

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Did they send you any T&C's? Does the copy sent make referrence to T&C's?

 

Someone with more knowledge will be along soon, I'm sure.

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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  • 2 weeks later...

I have just received a letter from wescot saying that they have closed the account on their system due to being unable to resolve the issues raised. Seems strange as I haven't contacted them since they sent out the CCA for the account. What happens next? Wait for the next DCA to crawl out of the woodwork.

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