Wescot dodging CCA request

[mlord]

Hello everyone,

 

Im desperately looking for answers

Wescot replied that they are not creditors and I have to pursue Metropolitan collection agency for any kind of agreement . They are just acting on theirs behalf.

I also would like to mention that I have never had a pleasure(NOT:wink:) to deal with Metropolitan so I would like to have any proof of my debt even more.

What should be my next step? You are fantastic people, know much more that me.

Thank you a lot.

[Bazooka Boo]

Wait for the 12 'working' days from when they received your request then send them the 'failed' letter; http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Account is then in dispute due to their incompetence, and any further muppet who should buy this lemon can be told the account is already in dispute with these lot, as they failed to read a very important paragraph in the CCA request.

 

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.

[ScarletPimpernel]

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.

 

I drafted the above paragraph which was for a CCA request where the DCA claims to have bought the debt.

 

Where a DCA is acting as an agent for the creditor no assignment has taken place and it is better to say that 'if you are acting on behalf of the creditor s.175 of the CCA 1974 places a duty upon you to pass this request to the creditor'.

 

In the circumstances described by the OP I would be inclined to reply:

 

Dear Sirs

 

FORMAL COMPLAINT

 

I refer to your letter dated xxx in reply to my formal request pursuant to s.77/78(1) of the Consumer Credit Act 1974.

Your letter states that as you are not the creditor I should direct my request to your client, XXX.

 

Section 175 of the Act is clear that if you are acting on behalf of the creditor you are obliged to pass such a request to the creditor. It is not credible that a debt collection agency would be unaware of legislation that is fundamental to their business. The only conclusion that I can draw from your letter is that you are deliberately seeking to mislead me, which is a breach of the Office of Fair Trading Guidance on Debt Collection, compliance with which is a condition of your Consumer Credit Licence, in addition to trying to avoid your legal obligations. You should treat this letter as a formal complaint to be dealt with under your Complaints Procedure, a copy of which I require you to send me without delay.

 

(if 12 working days have passed since they received your request) Since the statutory time limit for you to comply with my request has now passed, and you have failed to comply properly or at all, take notice that I now formally dispute the alleged debt, and require you to comply with your obligation under the OFT Guidance on Debt Collection in these circumstances.

 

I await your formal resonse to my complaint.

 

Yours etc.

[ScarletPimpernel]

Just for completeness, this is what s.175 says:

 

175.

Duty of persons deemed to be agents.

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

 

Don't forget to ask for your quid back if they are unable to comply.

[mlord]

Thank you very much for such an amazing response.

 

Im just about to send them another letter , 12 days is over. Send them postal order back with the letter addressed to Wescot once again, if I understood properly?

 

You made my day...s

[Jasper1965]

If Wescot have defaulted you it might also be worth adding something similar to the following para that I include with a 'failed letter'.

 

Since you have by your own admittance declared that you do not hold sufficient records to prove whether the original agreement even exists I must draw your attention to the Information Commisioners guidance on the filing of defaults with the Credit Reference Agencies:

"Accuracy of a lender’s default records

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed."

 

It is my opinion that in the (admitted) absence of any supporting records as defined by the ICO, your company stands in breach of the DPA 1998 and I require any adverse records published by your company to be removed forthwith until such time as you can meet the above criteria.

[mlord]

Hello everyone once again,

 

As much as I wanted them to fail to send me a copy of the agreement - they didnt! They send me a letter with credit card opening agreement along with the Cardholder Repayment Protection with my signatures on them.

However there is no statement how much do i owe or any mention that they are now legally the owners of my debt and I have to pay the whole amount to them.

 

They said that my account has been placed on hold for 21 days to await my proposals for repayment.

 

Is there anything else I can do? Or just sending a repayment plan left (they will not get much anyway as I work 15h a week only and rest i spend with my little child at home:)

 

I appreciate any advice, thank you.

[silverfox1961]

Hi,

Until you have sufficient posts you can't post up what you have received so what I would do is scrutinise the agreement for the prescribed terms within the document.

 

It needs to have

 

The APR

Your credit limit (or a statement saying one will be set)

Repayment terms

Cancellation rights (if signed away from business premises)

 

This could be on the same side as your signature or it could be referred to (as in-"I have read the terms and conditions overleaf")

[Bazooka Boo]

In the case that you only work 15h a week and this is NOT a priority debt, I would only offer them £1 a month, end of, like it or lump it, they will not get anymore.

[mlord]

Hello there,

 

Once again Wescot problems .

I sent them a full&final Proposition of £300 for my debt something above £1000. I thought i will manage to collect that amount and it all will be over. I got reply that offer has been accepted, yes, but out of the blue completely different figure £832,37. To pay that in 14 days otherwise whole amount will be executed plus interest.

Dont really know what to do. Do i send them same letter showing that was only £300 i proposed or there is something else i can do?

Thanks so much

[Bazooka Boo]

Did they agree to your offer of a F&F in writing?

Did they also agree to correct your credit file with satisfied and not part payment, did they also agree to write the remainder of the debt off and not sell it on to another DCA fror collection?

And finally, any F&F payment should be done by a third party, so if you can get someone else to pay this off, and then give them the money, that is the best method.

[silverfox1961]

I would write back and query the letters

 

I hope with the F&F you added that they wouldn't seek to chase you for the rest nor sell on the remaining amount to another DCA

[ScarletPimpernel]

Try something like this:

 

Dear Sirs

 

I have received your letter dated (date).

 

I wonder if your letter crossed in the post with my letter dated (date) to which you have not replied. I enclose a copy of my letter of (date), and would be grateful for a response.

 

Yours etc.

[mlord]

Yes, I used one of template letter for full&final with my own figure of £300.

That's what they replied :

'Following your recent cmunication enclosing an offer of £832,37, in full and final settlement of the outstanding balance. Your offer has been accepted, providing payment is received within next 14 days. ...'

 

Rest of it was how can i make a payment. Thats it. Not that they will write the rest debt off or correct credit file.

But the most important thing was the amount of 832,37£ which i didnt offer at all.

Im thinking of sending the same letter once again with the attachement that they made a mistake?

[Bazooka Boo]

Idiots.,

Dear Sir/madam

Thank you for your letter dated dd/mm/yyyy, the contents of which have been carefully noted.

My letter offering F&F payment sent on the dd/mm/yyyy did not contain the figure you mention in the above dated letter.

Please refer back to my offer, and I look forward to receiving confirmation that you accept this as F&F payment, and that you will not sell or pass on the remainder of the alleged debt to any third party, and that my credit file will be updated to show the balance has been settled.

Yours..

[mlord]

Hello everyone,

 

Happy after Christmas and happy New Year as well.

 

So , my 'friends' from Wescot replied to my letter saying:

 

'We can advise we are unable to accept £300. the minimum we can accept is £832,37. If you are unable to pay this ,an arrangementt to pay instalments will need to be made on the full balance'

 

Whats my next step? Arranging instalments like £5 a month and saying that i still offer £300? What is the best way to deal with that?

 

Thanks a lot.

[PGH7447]

write back and say in tnat case I now offer £5 a month on the condition that all interest is stopped and that any charges are removed, to this end I require by return a full statement of accounts

[Bazooka Boo]

Are you still working 15h a week? If so, £1 a month is ALL they should get, this IS NOT a priority debt by any stretch of the imagination, you have written evidence of your willingness to bring the matter to an amicable solution, they are too greedy to accept your offer, so £1 a month is all you need pay them.

[Tingy]

I agree with BB on this one. Write to them telling them you will be making payments of £1.00 per month as this is all you afford at the moment, and would they please supply relevant details of their account so you can start making payments. Tell them once you have recieved this information, in future all payments will be made on the xth day of every month, or the first working day thereafter.

[the_shadow]

I'd be inclined to agree with Bazooka on this, punish their greed so to speak... if you like.

 

Some people dont like to send them but you could send an I&E ensuring you detail all costs in it then it would prove the amount you can pay and may make them think again about the full and final offer at a later date.

 

S.

[Tingy]

I'd be inclined to agree with Bazooka on this, punish their greed so to speak... if you like.

 

Some people dont like to send them but you could send an I&E ensuring you detail all costs in it then it would prove the amount you can pay and may make them think again about the full and final offer at a later date.

 

S.

 

Shadow - that is such a breath of fresh air and I couldn't agreee more. I've said ever since I joined this site that an IE sheet is a very powerful document if used correctly. While we all know only a judge can demand it, it can often make sense to volunteer the information to back up your case, even though the information is personal.

[the_shadow]

Shadow - that is such a breath of fresh air and I couldn't agreee more. I've said ever since I joined this site that an IE sheet is a very powerful document if used correctly. While we all know only a judge can demand it, it can often make sense to volunteer the information to back up your case, even though the information is personal.

 

Its something one of the other site team have been pushing too, how can we expect creditors to accept a reduced repayment if we cant show them how we are allocating our monies.. I agree it does show personal information but there are ways to disguise/hide/rename things that really are not a creditors business. So long as the figures add up IMVHO I dont think it matters, its a personal choice tho.. some people dont want to give the creditor any info and I can understand that stance also.

 

S.

[Tingy]

Its something one of the other site team have been pushing too, how can we expect creditors to accept a reduced repayment if we cant show them how we are allocating our monies.. I agree it does show personal information but there are ways to disguise/hide/rename things that really are not a creditors business. So long as the figures add up IMVHO I dont think it matters, its a personal choice tho.. some people dont want to give the creditor any info and I can understand that stance also.

 

S.

 

Totally agree. Also think you need to be selective which IE sheet you use for which purpose. Each has their place, it's knowing when and when not to use them, and which one to use.

[PGH7447]

Interesting concept, allowing a dca to see your entire financial affairs - where will it end, passing them your account details so they can help themselves

[the_shadow]

Interesting concept, allowing a dca to see your entire financial affairs - where will it end, passing them your account details so they can help themselves

 

"Entire financial affairs", hardly, its just amounts not details... and its the same information that would be required by the debt charities or by the courts if attempting to make reduced repayments. It comes down to do you want to work out your debts or not in the end.

 

EDIT: Oh and in this instance its a DCA working on behalf of a creditor so its not been sold for peanuts... the OP could always send the I&E direct to the creditor and cut out the DCA.

 

S.