RBoS + Wescot

[tee_jay]

Evening folks - I hope you can help me with an issue?

 

I've followed advice gleaned from this site and currently following the CCA process regarding my wife's debt with Barclaycard/Moorcroft.

 

I've now started the same process with Wescot regarding a balance that was owed to Royal Bank for a credit card. We sent the letter recorded delivery to Wescot with the £1 p.order, but Wescot have now returned the postal order with a letter asking us to resend the CCA request to RBoS?

 

Can anyone help? I think, as Wescot have been requesting payment (and gettign it from us for 3 years) that they should provide the CCA?

 

thanks,

TJ

[Stigman]

With-hold any further payments and send the account in-dispute letter to Westcr*p.

Westcot know full well they have to pass the documentation on and then send you anything they recieve back from RBS.

s175 of CCA 1974 is very clear and as usual another DCA ignores the very act that they are supposed to be bound by by the OFT.

Report Westcot to the OFT, and also the Information Commissioners Office and Trading Standards via Consumer Direct just for good measure.

Best Wishes

Stigman

[harrassed senior]

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.

 

Add the above to the Account in Dispute letter:http://www.consumeractiongroup.co.uk...-is-in-dispute

[tee_jay]

thanks for all the help - it's reassuring to know there are some excellent people out there despite what they say in the news about broken Britain!

[tee_jay]

Ok - so I sent the account in dispute letter and received another reply from Wescot stating their client (RBS) has asked them to advise debtor to send all CCA requests direct to RBS, essentially repeating what they have said in their first response letter.

Broken record sydrome coming up I reckon?!

Do I ignore this letter having already sent the account in dispute letter with this added...

 

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.

 

(with thanks to Harrassed Snr!)

 

 

-or- do I re-write to Wescot re-stating the above?

 

-or- do I write to RBS??

 

I'm tempted to sit back and wait, but is that the best route to follow?

 

Any advice, as always, is greatly appreciated.

 

TJ

Edited October 19, 2010 by tee_jay
Typo and I missed a bit out!

[Stigman]

Hi TeeJay,

Ignore, Westcot knows the rules of the game, they try and bend them as best they can to suit themselves.

It's not your job to do Westcots work.

No use entering postal ping pong, costs you time and money and most DCA employees cannot read but some are advancing to Ladybird Books.

Best Wishes

Stigman

[rhos123]

Ok - so I sent the account in dispute letter and received another reply from Wescot stating their client (RBS) has asked them to advise debtor to send all CCA requests direct to RBS, essentially repeating what they have said in their first response letter.

Broken record sydrome coming up I reckon?!

Do I ignore this letter having already sent the account in dispute letter with this added...

 

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.

 

(with thanks to Harrassed Snr!)

 

 

-or- do I re-write to Wescot re-stating the above?

 

-or- do I write to RBS??

 

I'm tempted to sit back and wait, but is that the best route to follow?

 

Any advice, as always, is greatly appreciated.

 

TJ

HI tee jay ignore the wescot, they are indeed sharks that prowl in the dca ocean sadley for them they have no bite!

[tee_jay]

RBS have now passed this account to Moorcroft who have started to send threatening letters... do I send Moorcroft a letter advising the account is in dispute with Wescot and that RBS should not have passed this account on?

[tee_jay]

Hi folks - Moorcroft continue to send letters, even though the account is in dispute with Wescot for failing to reposnd to my CCA request. This is the latest from Moorcroft... can anyone provide some insight? The debt originally defaulted around 4 years ago and so may 'fall off' my credit report soon. Should I continue to ignore on the basis the account is in dispute with Wescot and should never have been sent to Moorcroft?

 

Thanks everyone for your help!

 

TJ

 

[Stigman]

Hi Teejay,

 

Bulk standard Moorcraft rubbish, but the most important part is the discount offer, DCA's are very greedy and get as much has they can so this proves that a problem exists.

 

Send Moorcroft the letter copied and pasted below telling them that the account is in-dispute, do not sign, use 2nd class postage and get a proof of posting (thanks to Bazooka Boo for that bit about the postage that I wasn't aware of).

 

Take care

 

Stigman

 

----------------------------------------------------------------

 

Re:- Account/Reference Number:

Dear Sir/Madam,

I am in receipt of your letter dated INSERT DATE.

This account is in dispute with INSERT NAME OF ORIGINAL CREDITOR OR

DEBT COLLECTION AGENCY.

Not only is this a breach of the Consumer Protection From Unfair Trading

Regulations 2008 in line with the Office Of Fair Trading's Debt Collection

Guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection

Act 1998

My previous dispute from INSERT DATE OF ORIGINAL DISPUTE LETTER has

NOT been answered.

As INSERT NAME OF ORIGINAL CREDITOR OR DEBT COLLECTION

AGENCY are now in default of my Consumer Credit Act agreement request and have

also breached 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 INSERT NAME OF

ORIGINAL CREDITOR OR DEBT COLLECTION AGENCY for resolution of these

defaults and breaches, as INSERT NAME OF NEW DEBT COLLECTION AGENCY

cannot lawfully pursue any enforcement activities.

If INSERT NAME OF NEW DEBT COLLECTION AGENCY chooses 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.

After taking advice, I am of the opinion that any continued pursuit is in violation of

the Consumer Protection From Unfair Trading Regulations 2008 in line with the

Office Of Fair Tradings Collection Guidelines

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

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours Faithfully

Print Your Name (DO NOT SIGN)

[tee_jay]

Yet another letter from Moorcroft...

 

[PGH7447]

file it and forget till the next letter, assuming you sent the account in dispute letter

[rhos123]

hi, tee jay, thats a standard begging letter from the moorcrap, i have got a suitcase full of moorcrap letters. ignore the idiots.

[Stigman]

I'm Jealous though, I only get letters from Moorcroft with Pre-School Division on them, yet to have a Home Collections Division letter.

 

In all seriousness, if anyone does turn up, tell them to get off of your property or you will call the police, they have no right to ask you for money.

 

Stigman

[rhos123]

I'm Jealous though, I only get letters from Moorcroft with Pre-School Division on them, yet to have a Home Collections Division letter.

 

In all seriousness, if anyone does turn up, tell them to get off of your property or you will call the police, they have no right to ask you for money.

 

Stigman

 

nobody from the moorcrap divisions will turn up! ive got lots of the pre-court division/ home collections letters from them in my suitcase!. of course all these letters are indeed sent from their bog division dept. the nearest toilet in their office!