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wescott/arrow global/mbna.


swanbi
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I sent wescott cca request and account in dispute letters. I received reply from arrow global saying they are assignees of the debt and acknowledge my request under cca. They say we don not accept that we are the creditor as envisaged by the above statute. they are willing to assist in obtaining info and will request this from the creditor in due course. Wescott wrote we refer to your recent letter requesting a copy of the credit agreement, it has been noted and we will be in touch in due course, we can confirm your account has been placed on hold. I am bit confused why they are both dealing with this. can somebody explain why?

Thanks.

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They are wrong under CPUTR2008 Thier code under the Credit Services Association says this -

 

6. Purchased Debt Guidelines

Each member shall:

a) Timely advise the consumer that the debt has

been assigned.

b) Adhere to all relevant requirements under the

Consumer Credit Act 2006 and any other

relevant legislation.

c) In debt collection or trace activity comply with all

the principles of this code

 

CPUTR2008 clearly states

 

The Consumer Protection from Unfair Trading Regulations 2008

 

2.—(1) In these Regulations—

“average consumer” shall be construed in accordance with paragraphs (2) to (6);

“business” includes a trade, craft or profession;

“code of conduct” means an agreement or set of rules (which is not imposed by legal or administrative requirements), which defines the behaviour of traders who undertake to be bound by it in relation to one or more commercial practices or business sectors;

“code owner” means a trader or a body responsible for—

(a)

the formulation and revision of a code of conduct; or

 

(b)

monitoring compliance with the code by those who have undertaken to be bound by it;

 

 

 

 

  • Regulation 4

4. The promotion of any unfair commercial practice by a code owner in a code of conduct is prohibited.

 

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