Wescot Credit Services/Barclaycard issue

[RoyalAmigo]

I'm having trouble with Wescot Credit Services regarding the recovery of a credit card debt owed to Barclaycard, and hope some of you here can help me.

 

When I started to receive letters from Wescot Credit Services I sent them a letter requesting a copy of the credit agreement, including a £1 postal order. They replied by letter to me stating that they are not the creditors for the account, but instructed on behalf of their client Barclaycard. And returned the postal order attached to their letter. The letter continued, stating that if I wanted a copy of the credit agreement I would need to request it directly from their client. They ended by saying thay they were placing the account on hold for 14 days to allow me time to arrange a repayment plan with them.

 

From everything I've read online I thought that for a debt collection company to be able to enforce the recovery of money they needed to own the debt and be able to provide a copy of the credit agreement. Is that correct? And if so where does Wescot Credit Services stand in regard to their attempts to recover the debt from me?

 

A couple of days after that letter I received a letter from another company called Credit Security Limited, stating they are acting on behalf of Wescot Credit Services, and have been instructed to recover the overdue debt. They then wrote "We DEMAND that the sum stated be sent directly to this office IMMEDIATELY using the payment slip below. Your failure to comply could result in a DEBT COLLECTOR calling upon you for payment of a COUNTY COURT JUDGEMENT being registered against you.

 

Is this just a worry tactic from Wescot? I've heard they like to send letter that look like they are from many different companies to try and worry the client more.

 

So what should I do next? I'm willing to arrange a resettlement plan, but only with the company who can provide me with the credit agreement. So my main question is. As Wescot could not directly provide me with the credit agreement, and instead just returned the £1 postal order, where do they stand with regard to recovering the debt?

 

Should I go directly back to Barclaycard or attempt to arrange a resettlement plan with Wescot?

 

thank you in advance for any help and advice you can offer.

[rebel11]

Hi Royal,

 

I would request the CCA from Barclaycard. Send it recorded. Give them 12+2. Then scan, remove all personal detail, post on here, hopefully they will send made up

rubbish. Then you can put the Account in Dispute letter. If any debt collecter calls, just tell him to leave or you'll call the police. Plus the account will be in dispute once you start to claimback PPI and Charges plus interest. Then if any DCA's chase you for money, state to them the account is in dispute. I personally don't know too much about Wescot.

[Undercover-Elsa]

Hi,

Wescot are pretty useless.

The DCA should process your request and pass it on to the OC. The clock started ticking when THEY received it, and you therefore shouldn't have received any further threats until they comply.

You could send it straight to the OC as above, or return the PO to the DCA stating that:

 

I would remind you that 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.

My original request was confirmed as received by yourselves on xxxx. The 12 + 2 days allowed for compliance stands from this date. I note that OFT guidelines have already been breached, both by your refusal to process this request, and by the fact that I have now received a demand on xxxx from Credit Security Limited, acting upon your instructions.

I trust you will therefore process my formal request and hold action on the account, as required by law, otherwise I will have no alternative but to make a complaint to Trading Standards and The Office of Fair Trading.

 

kind regards,

Elsa x

[harrassed senior]

Follows Elsa's advice as above, and if and when they send anything, let us have a look to advise you further.

 

I would send CSL the 'bemused' passed on letter:

 

Further to your letter dated

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with xxxxx and has been since

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

.As xxxxxxx is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to xxxxxx for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

Also whilst writing I would inform you of the following:

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a "doorstep Assessment" as per your above mentioned letter 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 such an appointment with 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 & Short Ltd [1959] 2 QB 384. 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, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Doorway surveillance is available and will be used as evidence.

Regards

[RoyalAmigo]

Thank you all for the help and these letter templates. I will print them today and get them in the post recorded delivery Monday morning.

[Bazooka Boo]

Just to clarify, they have 12 working days from receipt of your request for the agreement to furnish you with a copy, once they have failed to do so, as in this case then you can send them the 'failed' letter.

A DCA hiding behind it's obligations to supply you with a copy of the CCA is indicative of the inept uneducated Wetcloths.