Letter from Nelson Guest & Partners Solicitors (Wescot)

[Guest Cartaphilus]

Just come home and found this nasty sounding letter waiting for me. Sent Bank Holiday Monday, received today:

 

We are instructed by Wescot Credit Services Ltd on behalf of the above named Client, in connection with the sum outstanding shown above.

 

Unless payment is made to Wescot Credit Services Ltd within 7 days of the date of this letter, legal proceedings for the recovery thereof may be commenced without further notice.

 

In the event of Judgement being obtained, we shall seek all fixed costs and fees together with statutory interest on the oustanding balance.

How seriously do I need to take this letter? Is it a normal 'threatoratic' or not?

 

The original creditor supplied a blank credit agreement, since then it has been through two DCAs including Wescot. I have now complained to the FOS about the first DCA claiming they'd not received payments by standing order, despite the evidence saying otherwise on my bank account. Which I have done this afternoon and also informed them about Wescot and their letter today.

 

I foolishly broke my own rule and telephoned them ... I knew what was coming, despite the 'nice' automated voice before being put through to someone. Who was subsequently extremely unhelpful and you all probably know the rest.

 

Asking them to reasonably hold the account until I had the chance to write to them, explaining my situation and making an offer of payment was met with unless I made a token payment now, by phone and set up a payment plan they would not hold my account. I told them I was not giving my card details over the phone and I would write to them. My blood pressure is just about coming down after speaking to them - I have to watch that also because of strokes but have found it very difficult, it got me that upset this afternoon; having a lousy time anyway not just health in so many directions at once recently - and I ended up slamming the phone down they were so rude. My fault for phoning but I foolishly thought they'd be reasonable enough to give me at least 14 days for me to write to them. After all, they've not only sent a letter dated Bank Holiday Monday, allowing me just 1 working day, then the weekend to respond, get help from anyone or pay up money I don't have.

 

So, do I need to take that letter seriously? I knew Wescot and Nelson etc are the same mob looking quickly through the letter and also you have to phone Wescot, they even said Nelson's were Wescot when I phoned.

 

I have been meaning to CCA them as well but because I already did that with the creditor, and got the usual standard replies saying 'yes it is a credit agreement' and mine saying 'no it isn't' and didn't even have my signature on it (pre 2007) and it was also a pre application form I remembered seeing at the time, so what they sent back to me I knew I had not even seen before.

Edited May 20, 2010 by Cartaphilus

[alfwithhair]

If there was no signed agreement supplied by the OC, what are you paying them anything for.

 

The account should have been put in dispute with the OC long before whoopscot got hold of it

 

Who was the OC, and is it a loan, credit card or mail order acc?

What other DCA's have had it?

[cerberusalert]

Send Westcot this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute they won't have a clue whether you sent a previous 'In Dispute' letter or not.

[Guest Cartaphilus]

I know. It all got very complicated because another person (debt advisor) was handling it all for me, but before I went to them I was writing all those kind of letters, challenging enforceability and so on. But I knew he wouldn't do that for me, just make payment offers so I was left with a bit of a problem - I was told they wouldn't help me anymore if I didn't stop writing and messing up what they were doing so I left it all to them. I've dropped that service anyway in the meantime because of duff information they gave me a few weeks ago regarding credit agreements (which not only frustrated me but also because others getting advice from them would suffer as a consequence of being told incorrectly but they won't know unless they read somewhere like here) and also that person has now gone.

 

So, what I am saying is because they left, everything has been left up in the air for weeks, and now I am back to writing and dealing with it myself as I was before I went to them. But because time has now progressed, and with him leaving no letters have been written to Wescot so now ended up with this letter.

 

He did have a go at challenging the agreement, but not in the way I've seen here eg more forcefully. Like I said it all got complicated because of him leaving, and no one replacing him ... so now back to me to deal with.

[Guest Cartaphilus]

Thanks for the letter, I was thinking about that one earlier but wasn't sure which one to use. That's another thing that's happened, because I left it to someone else to deal with for me I've more or less forgotten all the basics. So, essentially, because they've left and no one replaced them the wheels have started coming off and the grease slipping whereas everything was going fine before it did.

 

Alf, it's a CC. It went through Mercers/Calders for months then went to Robinson Way whom I had a merry time with over SO payments and whom I made a complaint about finally to FOS this afternoon after reading Wescot's letter. However, the agreement was originally challenged by me ages ago. But I know from reading here that everyone gets the same off this CC, which I did when sending letters about what they'd sent me. Got the same replies I've seen people getting here, but persisted, pointing out various things - least of all my name being incorrect but also no signature and wrong address, plus - until it went round in circles getting nowhere.

 

(notes how many guests are viewing).

Edited May 6, 2010 by Cartaphilus

[harrassed senior]

OK deep breath and here we go.

 

Personally I would start again with wesclots. Ignore this latest letter and send the CCA request.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

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. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

 

The DCA's often start their cycle of threatograms again, so why not you, then you will not be worrying about all that has gone before and can take it one step at a time.

[Guest Cartaphilus]

Thanks. I tend to overanalyze things sometimes to work out which is the best option. Then I end up in a terrible muddle of 'variables' at the end.

[Guest Cartaphilus]

My mistake, I read back and it's Wescot I have to CCA. (I had put which one should I CCA).

Edited May 7, 2010 by Cartaphilus

[Guest Cartaphilus]

Update, have received paying in slips ... Giro ones. I can't find anywhere online, and I certainly don't want to phone them to ask for their standing order details so wondering what to do now. Only, I object to paying almost a £3 charge over the counter!

 

Also, it's very interesting but the balance on the payment agreement letter seems to have gone down from when I saw it last.

 

Anyone know any Wescot standing order details? I did look around the internet and drew a blank. Also, their website is very sparse. I found a thread here on this subject, and you can request a standing order form if you phone them. Erm, nope.

 

Also, on the other matter re the above few posts, that is in motion and will await to see what happens.

Edited May 17, 2010 by Cartaphilus
Spelling

[Guest Cartaphilus]

The other thing is (and I knew it was here somewhere) I found the very first card from when I opened the account earlier, with reference to CCAs.

[tally_69]

I ignored a couple of letters from Wescot and received a similar letter from Nelsons just like yourself, I CCA'd Nelsons 11/05/11 and waiting for a response

Edited May 18, 2010 by tally_69

[harrassed senior]

Hi Cartaphilus, did you send the original CCA Request, or the prove it letter to Westclots.

[Guest Cartaphilus]

Hello, HS. The CCA one. I haven't checked yet on track/trace but they will have received it by now.

[Guest Cartaphilus]

I CCA'd Nelsons 11/05/11 and waiting for a response :grin:

From past experience it usually (not always) can take one extra day as it's to a PO Box, so signed for as a batch. However, in the event of nothing showing up on track/trace I have another, more direct method with the Royal Mail which I've used before and got the confirmation within 5 minutes of asking for it. The trouble is not all PO box recorded delivery items will show up on track/trace sometimes because of the batch signing. That's why I found out about that before and used it. We shall see.

[Guest Cartaphilus]

Scrub what I put as I made an error. Sorry.

[Guest Cartaphilus]

Nothing from Wetcloths yet or for the moment.

[Guest Cartaphilus]

Wetcloths reply:

 

 

 

Assuming they are playing silly games? Or just being 'Precious?' Given it's a Claire Precious (should that be changed to 'Pretentious and made up?') that's signed the letter.

 

What do I do?

 

Now, before Wetcloths showed up, I am sure I received a letter from the creditor which looked like a NOA (but didn't name a DCA) that said the debt was now being sold to a debt collection agency. Then Wetcloths showed up soon afterwards.

 

Actually, just going to check what date they received it on track and trace. I'll be back.

Edited May 20, 2010 by Cartaphilus

[cerberusalert]

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.

[ODC]

They are playing silly buggers. They are legally obliged to pass your CCA request to the original creditor if they do not have the CCA themselves. If they chase you again make a formal complaint that they are chasing a debt whilst in default of your CCA

[Guest Cartaphilus]

As I thought/felt opening the letter earlier:

 

They are legally obliged to pass your CCA request to the original creditor if they do not have the CCA themselves.

Is there anything I need to write back or just send it again? Also, should I write in crayon or feltip the paragraph cerberusalert posted to them so they then read it properly? Edited May 20, 2010 by Cartaphilus

[ODC]

Send them nothing until they send their junk mail again

[Guest Cartaphilus]

So, when they write again ... Just resend that CCA? I'm in unknown territory - though have seen it going on here with DCA's returning CCAs and saying the same as my letter has - with this letter so am asking lots of questions.

Edited May 20, 2010 by Cartaphilus

[Guest Cartaphilus]

I thought it best to separate the CCA issue from this thread as it was confusing issues.

Edited May 20, 2010 by Cartaphilus
As above

[ODC]

So, when they write again ... Just resend that CCA? I'm in unknown territory - though have seen it going on here with DCA's returning CCAs and saying the same as my letter has - with this letter so am asking lots of questions.

 

You have sent the CCA and are not required to send it again.

 

If they send more begging letters remind them you sent them a CCA request and tell them they are breaching the rules by chasing a debt whilst in default of your CCA request

[Dotty50]

Hi Cartaphilus,

 

Was there ever any more movement by Nelsons?