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Hi

 

Wondering if anyone can help?!?!? I sent a CCA request to Wescot around mid april. I sent it from Aus Post registered assuming I could track it online and see when it was signed for. I have now found out that this is not possible as I was meant to pay extra for this service. I wasn't told this when enquiring about best option for delivery. What's the point of having registered post if there is no proof of delivery :( Cost $12 as well !!!

 

I wanted to send them the follow up letter (ie a/c in dispute) as the 12+2 days have passed, but I cannot prove Wescot have received it. All I have is proof of posting from here in Oz.

 

Should I send another CCA request? or any other suggestions would be greatly appreciated :)

 

thanks in advance

 

great site btw!!!!!

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All I have is proof of posting from here in Oz.
That's all the evidence you need, if it hadn't been delivered it would have been returned to you.

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Thanks

 

They only have my PO Box number here in Oz and that is what I put as my address on the registered Post slip.

 

I take if it doesnt get delivered it will get returned to my PO Box then??

 

Also the guy at Oz Post said there is quite a backlog to deal with of post, probably due to the volcano .

 

Does the 12+2 days still apply, or shall I give them a few more weeks before sending follow up letter?

 

ta

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I take if it doesnt get delivered it will get returned to my PO Box then??
Yes.
Does the 12+2 days still apply
Yes.
or shall I give them a few more weeks before sending follow up letter?
You could give extra time. The problem is this 12 working day business is meaningless in a way because in the old legislation if they failed to provide the CCA after a further 30 days they committed an offence... but this has since been removed from CCA 1974.

Anthrax alert at debt collectors caused by box of doughnuts

 

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Thanks for your help :)

 

I checked my PO Box today and found they have sent a letter informing me of the full balance outstanding, they also said there is a substantial discount if I contact them (blah blah) before x amount of days as the offer from the o/c is limited.

 

Would this mean they have no CCA for me, just a thought as why offer a discount, surely they would chase the whole amount, or is it just a [problem] to get you to contact them!!!! ;-) just a thought

 

I wish to do a full and final at some stage, but know if there is no CCA then I could go for a lesser amount for F&F. There is still no sign of the CCA.

 

Cheers

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Anthrax alert at debt collectors caused by box of doughnuts

 

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Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Cheers

 

Just looked at the letter they sent me that arrived today, they sent it to me over 5 weeks ago, the cca request I sent them was 3 weeks ago. I'll give them a couple of weeks and then I'll send the letter you have recommended.

 

http://www.consumerforums.com/resour...ibed-timescale

 

 

thanks once again

 

:)

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Crikey, how did they send it..... in a bottle??? :lol:


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Yeah, must have done ;)

 

Ive just realised, upon reading another post that I reckon they have lumped the loan, OD, and cc debt into one debt which now opens another can of worms as there should be a CCA for each except I suppose the overdraft ?!?!?:???:

 

I'll see what they come up with as regards the CCA request that I sent

 

Appreciate your help

 

cheers

:)

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If they've lumped everything together then they've created a big problem for themselves. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

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The saga continues......:|

 

I recently had a letter from Wescot chasing money on behalf of HBOS. I CCA'd them, then sent the letter explaining that the account was in dispute as they never came up with the CCA request. Wescot then closed the a/c and passed it back to the OC.

 

I now have a letter from IQOR for the same amount chased by Wescot, chasing payment, usual threats, CCJ, doorstep visit etc..... Except they are saying they are collecting on behalf of another bank (Capital) who I never ever had an a/c with.

 

What would be the next step now?? Do I need to send another letter informing them that the a/c is in dispute?

 

I still want to do a full and final at some stage

 

Cheers

 

:rolleyes:

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks cerberualert for your prompt reply, Ill get that sent off as soon as :)

 

I was thinking the same about being passed from DCA to DCA. Why has the OC not sold the a/c to a DCA, rather than the DCA collecting on behalf of, any idea? This is the 2nd DCA collecting on behalf of the OC now. I have had no default notice or notice of assignment I think its called

 

ta

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Thanks cerberualert for your prompt reply, Ill get that sent off as soon as :)

 

I was thinking the same about being passed from DCA to DCA. Why has the OC not sold the a/c to a DCA, rather than the DCA collecting on behalf of, any idea? This is the 2nd DCA collecting on behalf of the OC now. I have had no default notice or notice of assignment I think its called

 

ta

 

I think it may be to do with the OC knowing your in Australia. Perhaps no DCA will buy the debt?

 

I'm having fun watching the idiots at NCOEurope aka RMA and Amex chase a few grand downhere from the UK.

 

I have had no DN from Amex - Just a letter telling me my account has been terminated and they are reporting me to all the credit agencies (Funny cause all my new Aussie credit cards have just arrived no problems.) But I've been getting lots of letters calls and emails from RMA NCOEurope - But I've not seen any assignment of debt to the DCA. For Amex to tell me the agreement is terminated without a DN they are already at fault.

 

Getting all the usual contact us in 48hours or we'll proceed with legal action - That was last week now I just got an email telling me unless I contact urgently they will tell Amex to proceed with legal action and any assests I have in the UK AND Australia will be taken etc....

I'm tempted to reply and have some fun with them but I think they are digging a good hole alone. - It's a shame these threats are just in email not letters.

 

If they do illegaly apply for a UK CCJ I have ample proof that I have left the UK - HMRC - Council tax refund letters all to Australia - I have letters and correspondence from Amex and their DCA all to my Australian address.

 

If they do try anything dodgy localy I'll be all over them!

 

When I left the Uk I did have an intention to clear these debts incase I ever returned in six years - But now I just wished I'd maxed out the cards to a greater extent.

 

Have fun in the sunshine the UK is not improving anytime soon. Houseprice crash is underway there will soon be blood on the streets...

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Why has the OC not sold the a/c to a DCA, rather than the DCA collecting on behalf of, any idea?
They may well have sold it on, they don't always send DNs or NAs.

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Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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It's a shame these threats are just in email not letters.
An email is as acceptable in law and has the same standing as a letter. ;)

Anthrax alert at debt collectors caused by box of doughnuts

 

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Vir prudens non contra ventum mingit

 

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An email is as acceptable in law and has the same standing as a letter. ;)

 

Well if that's the case I should start building my complaint to the UK OFT. NCOEurope aka RMA really do look like **** - Google them and you can see that the US parent has nearly lost its license for illegaly chasing student debt in the US - And the jokers in the UK lost a Amex laptop with client account data late last year!!

 

I suspect if I sent them a prove it and CCA request they would have trouble finding the original agreement - Charge card was issued over eight years ago.

 

Problem is for a prove it I need £1 postal orders which are expensive to get here -- Unless I get a friend to send some from the UK.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi Cerberusalert

 

Ive just had a letter threatening legal action blah blah etc... If I dont respond by a certain day from Incasso. Still no sign of the CCA from the other DCA's before. What's the next step, ignore or send the a/c in dispute letter ?!?!?

 

Cheers

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Yes send the in dispute letter.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi, me again

 

Just a recap about the sitaution as I have still not received the CCA. Its gone very quiet also since I last sent the a/c in dispute letter.

 

Im thinking of offering an F&F on this, what figure (%) should I aim at? Im in Oz as well, and DCA's are aware of this. I just want this cleared now. I also know most of the a/c debt in question is made up of charges etc...

 

What's the sitation with the SAR request. Am I correct in saying you should do the SAR if they send you back an enforcable CCA?? Can you send the SAR independant of the CCA ?? confused :!:

 

thanks for your help

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If the balance of the a/c is mainly made up of charges you should send a SAR to the original creditor with a view to reclaiming them along with any PPI + statutory interest @ 8%, this repayment should be made directly to you not Westcott. Technically speaking whilst the a/c is in dispute and they fail to produce a legally enforceable CCA they cannot take any enforcement action... particularly so in OZ, where thay face even greater limitations.

 

Once you have sorted the refund and you still feel morally obligated to settle the remaining a/c even if they still haven't provided a CCA, you should be aware that if Westcott have purchased this a/c from the original creditor they will have paid between 7 & 15% of its face value. Any offer you make should be under the proviso that it is a full & final payment and that any adverse information recorded against you with the CRAs should be removed... they cannot legally enter any information on your OZ credit file.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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The thing is, its gone past Wescot and has been passed down a couple of notches down the DCA Chain now. I've had letters for a few others. I'm still unsure that the debt is owned by a DCA as they all say they are acting on behalf of the OC. Also the last couple of letters said that they they are acting on behalf of the DCA trying to collect before !?!?!??!

 

I know its unenforcable, but it would be no harm done if they choose not to accept. I might try 10% and see how I go. Any pointers to an F&F template that I could use? Any other advice for this would be much appreciated. I was thinking as they know Im in Oz, this might be their chance to recoup the money they have paid for this debt so they could be up for a low offer

 

Once I have got the F&F drafted, will it be ok to post up and check all is correct before sending ??

 

Thanks for all your help cerberusalert, great site :) Will definetly be making a donation

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As I said, with regards to the SAR that should go to the original creditor. As for whichever DCA is handling it now that doesn't really matter just send the 'in dispute letter' to whichever contacts you next.

 

If the OC still owns the a/c they will deduct whatever refund is due, of course if there is any excess they will forward the balance to you.

 

At the moment it's not worth making a F&F until you can determine what is or is not due through the SAR.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks for the advice, Ill send the SAR to the OC and then see what they come back with

 

cheers

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