Wescot-Address Verification my old Lloyds credit card

[paulh1818]

Hi all. I received a letter from wescot this morning, addressed to me, asking me to call them to confirm that they have the right person at the right address. If I don't call them in the next few days they will assume it is correct. I can only imagine that it is for a credit card I couldn't afford to pay. That would have been about 12 months ago. I'm quite worried about this one. It was about £2000 when I last heard from them.

 

Paul

[Stigman]

Hi Paul,

First of all follow the golden rule and DO NOT RING WESTCOT.

Just sit for a while and they will send something else through the post, when you do recieve something, post back and let us know what the debt is, how much for, when the last payment made and date you approx. took out the credit card (if it is for that debt).

Until then, have a coffee, if Westcot does telephone you, refuse to answer security questions and say "everything in writing please" and hang up.

Best Wishes

Stigman

[sillygirl1]

Ignore them and send the letter to Trading Standards, they are not supposed to be communicating in this manner, it is very misleading to assume because you haven't replied you are the person concerned, what if the property is empty or unoccupied as the owner is away or in hospital for a long period or something....

 

Westcot are pishing here.

[paulh1818]

Thanks for the quick replys. I wasn't planning on phoning them. If it is the credit card, I took it out in '95-'96. I stopped paying it around a year ago, so it won't be statute barred.

 

So many DCA's and so little time...I need a secretary to organise all my paperwork!

[sillygirl1]

Somebody I know is doing something on that, and it will automatically send a message to you to let you know you need to send a letter two days before it is due etc etc, hoping it will be available as a phone app.

 

In the meantime I can do you a spreadsheet which would help track the information down...

[paulh1818]

Thanks for the offer sillygirl, but I will cope. The app sounds interesting though. This just occured to me, If they do 'assume' that their info is correct and then start sending the real threats with the account balance and info etc. Wouldn't it be wrong of them to do that seeing that I have not confirmed that I live at this address? I mean, if they need the address verified then they can't be sure they've got the right person. They could be sending my info to anyone. I hope that made sense. lol

[paulh1818]

Well I was right. It is my old lloyds credit card. Wescot sent me a letter today informing me that I owe £2800! I don't know how Im going to pay that! The letter starts 'Wescot Credit Services is a specialist DEBT COLLECTION organisation.' Am I supposed to be impressed??? Anyway, I have 7 days until they take 'further recovery action.' CCA then? Thanks for reading.

Paul

[Stigman]

Hi Paul,

Send a CCA request to Westcot to see they have the legal right to collect the debt and that it is enforceable.

Send together with a £1 postal order, do not sign your name, print only and alsso send via recorded delivery so you have a date when it was recieved.

Westcot then have 14 working days in which to comply.

 

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

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) 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(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

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).

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

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

 

Best Wishes

Stigman

[paulh1818]

Thanks stigman, I finally managed to afford a postal order (yes, I really am that skint) and my CCA request is ready to go first thing tomorrow. When I got back from the post office today wescot had sent me more fan mail. A final notice. I must pay within 10 days or they will be very cross indeed! This is my first CCA and I'm feeling a bit scared again now. Do I just sit and wait for 14 days now? My letter is dated 12th Nov. Will it be 14 days from this date or 14 days from when they receive it? Also Wescots address is a PO box. Can you send a recorded letter to a PO box? Sorry for all the questions and thank you for helping me.

Paul

[DonkeyB]

Yup, sit and wait. Yes, you can send recorded to a PO Box.

[Stigman]

Hi Paul,

Ignore the love letter from Westcot you received today, your 14 working days starts when the CCA request hass been delivered.

Your probably feeling the same as I did many moons ago when I did my first CCA to Lowells, don't be nervous, just relax and await a reply, if any.

When you get a reply back, remove all personal details, post up and we'll advise further.

If your 14 working days elapse with nothing received, post here and someone will direct you to the link or post up the account in-dispute letter.

Best Wishes and have a beer.

Stigman

[paulh1818]

Thanks again. The CCA is on it's way now. I will post back with whatever reply I get. I think I will have that beer tonight and try to forget about it all for now. Cheers!

Paul

[paulh1818]

Well, the letter was received this morning. The signiture is nothing more than a zig-zag but this is still proof that it has been received isn't it? And I'm reckoning that their deadline will be 2nd of December. I'll be doing a lot of pacing this week!

Paul

[Stigman]

Hi Paul,

Just sit back and wait, 2nd December is correct, 12 working days and 2 working days to allow for postage.

Westcot or any DCA is not worth pacing over, just forget about them and continue your normal life.

Keep the track and trace receipt as part of your paper trail.

Stigman

[paulh1818]

Well, I got a reply (2nd Class Post). After everything I have read on the forum here, Ive never come across this before-

 

'Further to your recent communication. In order for us to prevent a breach of the Data Protection Act and also continue with your enquiry, it would be most helpful if you could confirm the last three addresses that you have resided at together with the dates vacated.

We look forward to receiving this information within the next 10 days.'

 

Now, It is true that I have moved house a few times over the last 6-7 years but that was due to bad luck with landlords, not to evade debt. I have only come into financial problems in the last 10 months. I don't see a problem giving this info. But I just have a feeling I may be shooting myself in the foot if I did?

Paul

[Revenant]

Hi paul

As I see it they've received your valid CCA request so there's nothing else for you to do but sit back and wait

You don't have to prove anything and as they've already written to you at your current address this is IMO just delaying tactics and besides if they weren't sure you were you they shouldn't have written in the first place

Get the "In dispute" letter ready as Dec 2 is not too far away

Good luck

R

[sillygirl1]

Send that letter to Trading Standards, thery are not entitled to see that information to 'verify' you are you, it is very much against the OFT guidelines on debt collecting.

[Bazooka Boo]

Wetcloths and their delusions of grandeur...AGAIN!

Dear oh dear, when will they ever learn about the shallow employment they have chosen?

So I guess that means that they have added another nail in their coffin as you won't be receiving the CCA you requested, and just to clear a minor error up, it is "12" working days from when they receive your request, the +2 is if you send it unrecorded and do not know when they received it.

[Stigman]

Hi Paul,

Westcot are just digging themselves into a hole, if they want to know who you are now, why did they send threatograms in the first place without the data checks.

As Sillygirl says above, send a copy of the letter to Trading Standards, they are not entitled to that information from you and also why would you assist in making their job easy.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

Just await until the 2nd and post the account in-dispute letter.

Best Wishes

Stigman

[paulh1818]

Thank you all (again!). You have all just echoed what I was thinking. As I put in the first post, they originaly wanted me to call them to confirm it was me (!?!), and when I didn't call they 'assumed' they were correct. Thus, they could have already breached the data protection act. So why now are they so concerned about it? Of course I'll just wait and send the dispute letter, but won't they just say that they couldn't provide the cca because I didn't give the information they needed to do so? I don't want to give them a reason to turn it back on me. Also, how do I go about informing trading standards?

Paul

[Bazooka Boo]

TS&OFT can be informed using http://www.consumerdirect.gov.uk/contact

 

And I was always told never to assume anything, as it only makes an ASS-out of-U-and-ME...

[paulh1818]

LOL!Thanks for the link. They are the ones doing the assuming. They can assume that I am who they'd like me to be then they can assume I'll pay!

[Bazooka Boo]

It is them I was referring to, I often get letters addressed to 'the occupier' asking for me to give them a call and do their petty job for them, then get a letter some weeks later for the previous occupier regarding some trivial matter of money, I'm more than happy to lead them down the garden path. Foolish children.

[paulh1818]

Well, their time is up tomorrow so I will be sending the account in dispute letter. Am I doing the right thing? I've read a few posts recently saying that not producing a cca doesn't stand for much anymore. I really don't think I could handle going to court.

Paul

[Bazooka Boo]

Yes you are doing the right thing, once you have sent them the in dispute letter, you are then able to legally withhold payment, & they should not! continue to add interest or charges, so make a note of the day which you sent it to them, it does mean something, it shows them that you know your rights, plus this will normally have the desired effect that they do come up with the goods at a later date, OR, pass it on which is then a good indicator that they don't have anything enforceable.