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how many names do wescott operate under

ive had a cca request returned

its marked "no company of that name at this address"

done an add search using post code its the add that letter was sent to

but the company name is direct finacial services

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Hi Sopwith,

 

This is the address I used for Wescot last month which was signed for by Wescot (recorded delivery)

 

Wescot Credit Services Ltd

The Mash

Jarratt Street

Hull

HU1 3HA

 

Hope this helps,

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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cheers pookey monkey

 

its the same adress and postcode i used

i wonder what wescott are up to

anybody see the one show last night

who are the 13 dcas who have been warned by the oft about their conduct.

wasnt it a surprise that lowell were mentioned

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Hi Sopwith,

 

Direct Financial Services are at the same postcode as Wescot but the address is different.

 

I think that they are both in an office complex made up of old brewery buildings, perhaps the postie went to the wrong entrance and got confused!! As I said my CCA request was signed for by them at this address last month.

 

I normally get my DCA addresses from this site DBSG Website, funny how they don't hide behind PO Box numbers when they want to buy more debt!

 

Pookey

I'm in the DCA kicking business ..........and business is good!!!!

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  • 1 month later...

eventually got a reply from wescott along with a doc

its clearly not a "true copy of an executed agreement"

1. its a different lender

2 . its written all over in felt tip pen

3 the company has signed it before i have

4 the copy is barely legable

5 the annotation on the first page of the copy reads LFNO1 May 2005

the secend page reads LBKO1 Oct 2005

yet the date of the agreement is sept 2005.

now this seems to me that this a "cobbled" together doc as the 2 docs are not contemporanious.

2nd page is terms and con with my personal details and default charges etc.

wescott wouldnt cobble together such an agreement would they.

oh and of course its out of time for a reply and wescott are being good enough to offer me 7 days to pay the full amount.

what do i do next

nelly

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Interesting thread.

Certainly if the CCA is illegible in the important parts, or is missing prescribed terms etc it is unenforceable.

 

In my instance I said to Wescot that I’d phone the creditor who still owned the alleged debt, and who’s behalf they were phoning on….. this was to inform them that I would be instigating legal action.

 

They were calling from:

01294475300

 

Which is a Saltcoats number. I believe this to be located at their registerred offices, certainly it is within this area as confirmed from searching the area code.

 

UK Telephone Code search 01294475300

 

Westcot Credit Services

Kyleshill House

1 Glencairn Street

Saltcoats

Ayrshire

Scotland KA21 5JT

 

Registerred address listed at the bottom here:

UK Wescot Credit Services

 

If the calls continued my next steps were to kick up a sh*t storm.

 

1) Write complaining to the OFT

2) Write to my MP to complain at the unreasonable and unlawful actions of Wescot

3) Write to Wescot at the above address which they are registerred under

4) And contact the N.Ayrshire trading standards

 

About The Trading Standards Service :: Trading Standards :: North Ayrshire Council

Edited by Enron

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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  • 4 weeks later...

since my last little scuffle with wescott now had a letter from them stating that the client has instructed them to arrange door step collection.

they have a little proviso on the bottom of the letter that all door step collection agents hold a ccl and are members of the csa

further they state that under oft guidlines they have a duty to inform me of this and that the agent will contact me under seperate cover prior to the collection visit.

do the oft have guidlines on doorstep visits and is this in the oft guidance

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If indeed they send one, they must contact you to arrange a time to call that is convenient to you. Your answer of course is that no time is convenient - you will not have anyone call at your door without your permission - and they have no legal rights to do so. If someone does call at the door and doesn't go away when you tell them to, call the police - they are trespassing. Sometimes this is just bluff to worry you and they don't try to send anyone at all.

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The threats of collecting agents arnt a threat. I did a short spell doing the job but was to soft to do it. My partner at the time wasnt and she worked for a number of agencys. What this about holding a CCL and being a member of the CSA is gobbldy gook to me. The only criteria they had was that you had a car and didnt have to much adverse credit yourself. The job is self employed and payed on a commision only basis against what you can collect. usualy between 15 and 22 percent. From my experience a door step collector has no legal power at all to knock on your door and you dont even need to acknowledge them. I would even go as far as saying that the data protection act is being severely broken with the way your personal data is handled by a door step collector.

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I looked into this with the OFT a while back.

 

Doorstep collectors who only work, employed or self-employed, for just one DCA are covered by the DCA's consumer credit licence. A self-employed individual who works for a number of companies requires their own consumer credit licence; operating without one is a criminal offence.

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I can see your point with the consumer credit licence but the thing that worried me was the total diregard of the data protection act. Surely it cant be right for hundreds of accounts all with personal data to be sent to a private individual through standard post and then being uncontrolled whilst in their possesion.

When i did the job for a short period i had a folder in my possesion whilst out with hundreds of accounts for one round and another left in the car whilst at an address for another round.

Whilst at home the accounts are usualy left unsecured for any member of the family to see or to be accessed by visitors if they get the chance.

One other point is accounts are often discussed between collectors.

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  • 1 year later...

have been having problems with the above regarding a 4 year old disputed

mbna debt they have sold it to arrow after it went the rounds with 4 other dcas now wescott have jumped in had the usual from them and totally ignored them cos its a waste of time and money going round the houses again, just had the letter before court action, wont reply.

who do wescott normally use as solicitors, then i will reply and remind them of their duty as officers of the court

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They're quite partial to using the people on the next set of desks from them...usually called Nelson Guest & Partners...

I reside in Dawlish Warren but am not a rabbit.

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thanks DEB T have had dealings with this lot in the past not the brightest star in the universe will look forward to the white envelope with the blue hatching and the hull post mark

regards

sopwith

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if you have had a LBA you SHOULD respond with the template answer

 

not a good idea to ignore it

 

adapt it to suit

 

 

if they do not respond or confirm discontinuance (which they wont) then you can tell any further dca's that bug you that the matter is sub judice (until such time as westcott confirm discontinuance) and if they continue to pester you will report them to the OFT

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RECORDED DELIVERY

 

Request for copies of documents

(Civil Procedure Rules 1998: Pre-Action Protocols)

 

Dear Sirs

Account/Reference*[1234 5678 8765 4321]*(IN DISPUTE)

Your letter dated***DATE***(received* **DATE**) says your client has instructed you to commence court proceedings against me without delay, and that papers are being prepared for action at my local court to seek a judgement against me.

 

As you know, I have long since requested from your client, under both the Consumer Credit Act 1974 (“CCA 74”) and the Data Protection Act 1998, evidence of the agreement to which both you and your client allege I am a party. To date your client has failed to supply any such evidence, but instead tried to persuade me that providing a copy of an application form discharges your client from further obligations under section 78 of CCA 74. Conversely, I have explained that a copy of a mere application form is not a lawful substitute for a true copy of the executed agreement as required by CCA 74 s.78 and prescribed by Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“CNCD 83”).

 

I remind you that CCA 74 s.78(6) provides that whilst a creditor is in default of a request made under sub-section (1) it may not enforce the alleged agreement.

 

Notwithstanding the above and your client's persistent, unexplained and wilful refusal to supply a copy of an executed agreement in accordance with its obligations (the permitted omissions under CNCD 83 Reg.3(2) excepted), you have made plain your client’s intention to begin legal proceedings against me. Consequently this matter is now subject to the*Civil Procedure *Rules and your letter appears to be intended as a “letter before claim”, despite not complying with the Pre-Action Conduct protocol.

 

Therefore take notice that, I request you supply to me within 14 days true copies of the following documents:

1) the executed credit agreement incorporating prescribed notices, terms and conditions applicable at the time the agreement was executed, and

2) any further or subsequent notices, terms and conditions relied on.

 

If you are unable to supply these documents please confirm discontinuance of your client’s claim.

 

Take note that this request is not made under either CCA 74 or Data Protection Act 98. It is under Annex A paragraph 4.2(7) of the CPR Pre-Action Conduct protocol, for a copy of alleged documents which I believe are relevant but do not have.

 

Should you ignore this request, I shall in due course make another under CPR 27 or 31.15, as appropriate. If you fail to comply with that request, I will ask the court to strike out your client's claim as an abuse of process due to lack of reasonable grounds, or at least order proceedings be stayed pending provision of the requisite documents. The application will refer to this and previous document requests, and apply for costs.

 

FOR THE AVOIDANCE OF DOUBT, THE ABOVE SHALL NOT BE CONSTRUED AS ADMITTING THE EXISTENCE OR VALIDITY OF AN AGREEMENT WITH OR DEBT TO YOU OR ANYONE YOU CLAIM TO REPRESENT.

Yours faithfully

 

PRINT NAME, don't sign

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hello dd

ive not as yet had the lba just the usual rubbish from wescott im still waiting for the letter from nelson guest i presume,

i do adapt the cpr request but i also remind the "solicitor" who composes the letter of thir responsicilities as officers of the court. ie once they are made aware that their client is in a position that furtherance of any action will bring the solicitor into breach or allow the client to be in breach of any unlawfull act they should avdise the client of same and indeed should cease further litigation.

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hello dd

ive not as yet had the lba just the usual rubbish from wescott im still waiting for the letter from nelson guest i presume,

i do adapt the cpr request but i also remind the "solicitor" who composes the letter of thir responsicilities as officers of the court. ie once they are made aware that their client is in a position that furtherance of any action will bring the solicitor into breach or allow the client to be in breach of any unlawfull act they should avdise the client of same and indeed should cease further litigation.

 

you said in your first post:-

 

just had the letter before court action,

 

you are entitled, as a layman to take that at face value

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morning dd

thanks for the reply just checked the last letter received from wescott

its the usual where they threaten that if i dont pasy up in 14 daysfurther recovery action may be undertaken.

states proceedings may be undertaken then lists that as no doubtjudgement will be obtained they will attach earnings etc, the usual threats including warrants of execution charges against my property etc now we all understand that this is unlawfull and theyre not in a postion to inform me of this.

this to my understanding is not a lba. i think im correct in stating this.

if im not please advise

imo a lot of oc and dca are now chancing their arms after manchester

Edited by 23sopwith
lowsy spelling and an addition
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the OFT is concerned with what an "ordinary" person would make of the communication

 

ordinarily- mosts folk would "miss" the distinction between "will " and "may" as the overral context of the letter is to envince the recipient that the creditor is going to take them to court and obtain ccj charging orders , bailiffs etc if they do not pay up

 

it is therefore regarded by the OFT as misleading

 

the ONLY reference to commencing legal action should be if the creditor INTENDS to do so and it must NOT be used as a "threat"

 

the purpose of you taking that letter as a LBA (even if you suspect that it is not) is that IF you take it at face value and respond with the letter in post 5- you put the creditor on the "back foot"

 

UNLESS he writes back and admits it is not a LBA or he writes back and confirms he is discontinuing- then he has made the matter Sub- judice and therefore it would be wrong- all the time that situation exists- for debt collectors and/or others to chase you for the debt- they must all back off and let the legal process take its course (and that includes demands and threats from the creditor themselves

 

if the creditor chooses to "sit on it" for the next 6 months- or 6 years- then thats his problem- it remains sub judice until he confirms discontinuance

 

thus the creditor himself is giving you a shield against his own debt collection efforts

  • Haha 1
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morning all especiall dd

had another from wescott yesterday

this one states i should be aware that theyve written to me on several occasions in recent weeks and that they see no reason why the debt shouldnt be repaid.

they go on to state that i should with urgency contact them to make an arrangement to pay in agreed installments and that two hundred thou clients are currently doing so.

they then state that if i dont contact them the next action will be either to instruct a dorr step collector to contact me.

or refer the case back to their client for their further action ahich may include referrall to another dca.

imo theyve just hung themselves and trading standards in hull think so as well.

when i spoke to them yesterday the reply i got was "not wescott again"

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all you need do is send the letter referred to

 

 

you could then put the following letter on your WP and just print it off when you need it to fend off any further contact from otehrs

 

Dear Sirs

 

Your Reference XXXXXXXXXXXXX

 

 

i refer to your letter of XXXXXX in the above matter.

 

Westcott credit servces have served a Letter Before action and therefore this matter is sub judice.

 

if you contact me again demanding payment i will report your actions to the OFT and file your letter unanswered

 

Y F .

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  • 3 months later...

3 years ago i queeried account on mbna asked for usual docs got nothing it was then shunted around 5 yes 5 dca usual letters went out then last year letter from mbna staing theyd sold debt to arrow they got the usual lettersheard nothing until this wekk when got letter from mac hall and credit security stating the usual screaming blue murder. not sure what track to follow advice would be appreciated.

if ive posted in wrong forum would someone kindly shift it

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Hi Sopwith,

 

You say shunted around for 5yrs, When was the last time you made a payment onto the MBNA account?

 

If Muck Hall has got it, it is very close to being or is statute barred.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • dx100uk changed the title to MBNA Card debt and wescot credit services
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