Wescot Credit Services

[Littlesis]

I am a new member & have various debt problems. This is just one of them. In December 2007 I opened an account on-line with Studio Express gifts, but last year started to get behind in payment's.I did telephone studio on one occasion to offer a small payment... which they declined telling me the min payment was £10. I tried to pay this but soon fell behind again.So then they past my debt on to Wescot Credit Services in October 2009. I did speak to someone about this debt but again was told that the min payment was £10 fortnightly & that they couldn't except anything less, I didn't like the manner of the Gentleman who I spoke to,I felt at the time I was being bullied into paying this debt ( oh!! & I might add at the time he did ask me if I paid £70 on-line to them that day they would clear the rest!! I THINK NOT!! ) again I did try to find the money to pay but alas again fell behind.Since December 09 I have had letter after letter about this account

Final Notice threatening Door step collection or court action.

Door step collection notice ( might add no one been yet!! )

now I am recieving letters from Credit Security Limited re:Wescot Credit services Ltd-Express Gifts(studio cards) DEMANDING IMMEDIATELY I pay this sum, today I have recieved another letter to send IMMEDIATELY With in the next 7 days or legal action will be taken againt me to recover this sum.

Any Advice on how to deal with this. I do not have a contract with studio, they sent me a contract to sign with the account being opened on-line but this was not returned to them.

[maroondevo52]

Hello and Welcome, Littlesis.

 

I'll move this thread to the Debt Collectors Forum, you'll get help in there.

 

Regards.

 

Scott.

[debt4get]

first thing is to send for your agreement chances are there isnt one..if dca cannot supply agreement within 12 + 2 working days then account enters into default and they cannot ask for payment nor need you offer any

To Whom It May Concern:

 

Your Reference:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor

4. Fair Processing Notice.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed Credit Agreement within 12 + 2 working days of a proper Consumer Credit Agreement request.

If you fail to comply with a legitimate request the account enters a default situation.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.