Lloyds TSB - Wescots and a passed on overdraft debt.

[Elliot2011]

Ok - it says Issued by Wescots credit services ltd - On behalf of Lloyds TSB Plc - then a recovery department number - wescots reference and client reference. It then tells me the outstanding balance.

 

They then state they are a specialist debt collection agency and have been instructed by our client to collect the above outstanding balance on their behalf.

 

To avoid wescot taking further action I must - Pay the debt in full - If I cant do this to phone them

[BRIGADIER2JCS]

OK this is an overdraft on a current account, so there is no credit agreement?

In my personal opinion if you do not have statements to hand you don't know how much of the debt is made

up of charges, and/or penalties, and it's unlikely that Westcot has that information.

Therefore I think you need to do a Subject Access Request under the Data Protection 1988,

this will ensure that Lloyds send you ALL the data they hold on you, from this you will be able to see

how the debt is made up.

A SAR costs £10.00 (statutory fee) you should send a postal order but don't sign it.

 

There is a template for this in the CAG Library personally I would send this recorded delivery.

 

They have 40 days to comply with this request, all you need do is inform Wescot what you have done.

 

From the information you have given today I do not believe this to be any kind of proof of the debt.

 

I am sure others will come up with further information in due course.

[Elliot2011]

Ok thank you for your advice - I am waiting for the return of my SAR request I issued last week.

[BRIGADIER2JCS]

Sorry I missed that sem to have lost some of the earlier posts.

I think the charges side of this will prove interesting!!

[2Grumpy]

Sorry I missed that sem to have lost some of the earlier posts.

I think the charges side of this will prove interesting!!

 

I don't like to rain on your parade ( ) - but how do charges help on an overdraft since the OFT ****ed up the test case?

[BRIGADIER2JCS]

I believe they can be tested as unreasonable or unfair.

[Elliot2011]

From the information you have given today I do not believe this to be any kind of proof of the debt.

 

What should I accept as proof of debt?

[BRIGADIER2JCS]

At the very least a recon agreement and statements showing payments.

[Elliot2011]

Ok and should I request these items from Wescots themselves seeming as Im waiting for the SAR from lloyds

[2Grumpy]

I believe they can be tested as unreasonable or unfair.

 

If any banks' charges are unfair then it would be LTSB's

[2Grumpy]

Ok and should I request these items from Wescots themselves seeming as Im waiting for the SAR from lloyds

 

Yes - that will keep them off your back while you are waiting for the SAR

[Elliot2011]

Ok guys thanks for your help

[Elliot2011]

I have received another letter today from Westcots - have checked the dates to make sure its not a letter that got delayed in the post and it is indeed their most recent communication with me.

 

They are now demanding I send them a list of my previous addresses and D.O.B to confirm I am who I am, so they dont breach the data protection act.

 

What I find funny about this is, 1) They told me in their first letter that if I didnt respond they would assume the address correct and carry on proceedings using the address.

 

2) They have already disclosed account number - reference number - account balance and demanded money from me.

 

Should they not have asked for this information before releasing this information then if they are so concerned that I am not who I say I am?

[BRIGADIER2JCS]

Elliot you have no need to send them any further information,if they are not sure who you are they should not be giving out

account numbers etc.

I would report this to the Information Commissioner Office, and send COPIES of the correspondence you have received.

Post up the letters for the guys to have a a look at after removing all personal details and bar codes

[Elliot2011]

Thanks BRIGADIER2JCS - just as I thought. Im about to head to work but will post up scans of the letters when I get back, or in the morning depending what time I finish. Funny how they still have not provided any proof of ownership of the debt but they are more than willing to send their letters full of demands on that pretty red headed paper.

[BRIGADIER2JCS]

Yes definite no,no's.

[Undercover-Elsa]

Hi,

It's against OFT debt collection guidelines to demand personal information from you to prove it's not your debt!

I've attached the guidelines below. My present to you.

Arm yourself with knowledge

Elsa x

oft-debt-collection-guidelines.pdf

[Elliot2011]

Thank you very much Undercover-Elsa

[Elliot2011]

Hows this as a complaints letter to Wescots?

 

To whom it may concern.

 

In regards to your previous letter asking me to provide details of my previous address and Date Of Birth for prevention of breaching the data protection act, with all due respect I refuse to disclose any further information to your company for a number of reasons.

 

1) In the first communication from you dated - you stated "no reply will result in assumption you are Mr X" This is in breach of the OFT guidelines. "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."

 

2) In the letter dated - you disclosed personal information, namely, Account number, Reference Number, Account balance, without being fully confident I am the debtor. This is in breach of the OFT guidelines - "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." This may also be breach of the data protection act.

 

3) You confirmed in writing, by way of asking for further information to ascertain whom you are communicating with, after you have disclosed personal information to the person you are communicating with. This is again in breach of the OFT guidelines.

 

4) I am under no obligation to provide proof of the debt, your company however are.

 

This unacceptable behaviour has lead me to issue a formal complaint to the OFT and Lloyds TSB respectively.

 

I refuse to disclose any further personal information for fear of mishandling and distribution on the grounds your company have already exhibited a lack of respect for these rules.

 

Regards.

 

Mr X

[Elliot2011]

(I will post up scans of the letters received in the morning to see if anyone has further advice)

[Elliot2011]

It took some time but westcots finally replied to the letter i sent them, totally ignoring my questions as to why they disclosed personal data before being satisfied that I am in fact the debtor - but they did say we will investigate your queries about this account - as its now in dispute we will not contact you or try to collect the debt from you ect

 

then three days after receiving that letter i get one from a solicitor acting on behalf of wescots demanding i pay in full within ten days or else further action will be taken. How should I respond to this?

[intend]

reply with the ccount in dispute letter and enclose a copy of letter from Wescots stating collection on hold. lso write again to Wescots asking for complaints procedure - via compliance dept - clearly in breach - also complain to OFT.

 

Intend

[Elliot2011]

thank you intend

[jdes26]

How's things going on this thread?

[Elliot2011]

How's things going on this thread?

 

Wescott passed on the debt to a new company, and not much in terms of satisfaction in regards to breach of data protection issues.

 

Other than that, reached a comfortable repayment plan with new collection company, and apart from the constant harassment on a phone number not belonging to me with them trying to make me increase monthly repayment amounts, its going ok. Slowly but surely getting out of debt and feeling more confident about my financial situation