wescot .please help

[Movingon]

are you reading my replies? LOL

[maggie]

Stonelaughter

The cca request was delivered and signed for on 25/09/06

Maggie

[Movingon]

Stonelaughter

The cca request was delivered and signed for on 25/09/06

Maggie

In that case report them to trading standards in your area by letter immediately. They have committed an offence under the Consumer Credit Act by attempting to enforce a debt which does not exist. They have harrassed you by telephone. Advise trading standards that if you receive one more phone call from Westcot that you are calling the police. And do it, too.

[maggie]

Thanks Stonelaughter.

Can I inform Wescott of this action too,when they call back?

Maggie

[Movingon]

What's the point? They'll ignore you anyway. Just stick to what I said above "I'm sorry Maggie's not available right now". See my post above for the rest.

[bfb]

This is nothing more than an attempt to intimidate you have asked to be dealt with in writing if they call again tell them that and put down the telephone

This may go against your natural instinct not to be rude but it is mich les disagreeable than their behavoiour and is empowering

I would also write to them refuting their allegation that you agreed to pay and confirm again that you want everything in writing

[Movingon]

Yeah she's already done all that - we're into trading standards and police action now.

[mutzi]

are you reading my replies? LOL

 

This aimed at me? I hit reply then went looking for that 'reporting harrassment' thread. Took me a few minutes and you posted somewhere in between.

 

Anyway I don't think they will havee commited an offence for not supplying the credit agreement, look back and you'll see they replied saying there was never any agreement to begin with. They should have returned the £1 though

 

But as for everything else, they are digging a deeper hole aren't they? The CCA request was in the same letter as the 'no phoncalls' request so they can't deny that they recieved it.

[Movingon]

No, was aimed at Maggie.

 

They HAVE committed an offence; it is an offence to attempt to enforce consumer credit which is not substantiated by an executed agreement regulated by the consumer credit act. They may also fall foul of Extortion law. Further to this, having attempted to enforce a credit agreement they have been requested, and failed, to produce an executed agreement as provided for in s.77(1) of the Consumer Credit Act, for a period exceeding the prescribed period and an additional 30 days. That in itself is an offence.

[maggie]

Received following letter from Wescot on 4/11/06.

Notice of default.

 

according to our records you have not kept to your repayment agreement of £40.00 that you agreed to pay on a monthly basis.This agreement is now in default.

Unless you clear the arrears on this agreement we reserve the right to take further action to recover the FULL outstanding balance.Further action will include court proceedings and or the referral of your debt to a door step recovery organisation for a home collection visit.

 

It is very important that you take IMMEDIATE action to pay the arrears .If your payments are not brought up to date within the next 10 days and all future payments made,by their due date,then your full outstanding balance may be referred for further action.

 

While I was at the doctors this afternoon,they rang my home again,and my son answered ,told them where I was,they asked him to tell me to ring them later.

 

 

Having sent a cca request to them on the 25/09/06 ,(the time is up tomorrow)also sent a dpa request on 06/10/06(have not heard anything from dpa request yet).Also in same letter as cca,requested they no longer contact me by telephone.

What do I do Now.

p.s. Have written letter today to inform them account is in dispute

[Movingon]

I believe you told them that the account was "In Dispute" before did you not? If so, you need to immediately forward copies of the original letter placing the account in dispute to (a) Westcot and (b) Experian/Call Credit/Equifax - depending upon who they use. Find out who has the default regsitered against your name. Also send the letter we've discussed (I'd feel much more comfortable if you posted it here also).

 

This is an unexpected step from them when the account is in dispute... they KNOW they're not allowed to do it.

[Movingon]

One last thing - in these situations you often need to act FAST - i.e. at less than 24 hours notice.

[maggie]

I told them verbally,(I think) that the account is in dispute,when they were constantly ringing me.

Right ,below is the letter with the magnificent help of Stonelaughter,whose help I really appreciate,I am sending by recorded delivery tomorrow.

 

Dear sir,

I wrote to you on the 25/09/06 requesting a copy of the properly executed credit agreement between either me and yourselves,or between you and any client of yours along with a proper deed of assignment.You have failed to provide this documentation within the statutory time frame.I can confirm that I am not in any way indebted to Wescot credit services and will accordingly be making no further payments to them.For the avoidance of doubt,the debt in question is in DISPUTE and as such no enforcement action can be taken in relation to it.I can further confirm that I will not enter into any further correspondence with Wescot credit services or any other credit enforcement agency;and in regard to your fees for your "services",I would advise you to revert to your client;if you beleive that I am your client you will immediately forward to me copies of any documentation which you beleive substantiates that claim.

yours faithfully

 

Do you think that I should pay the £20..00 ,to cover my a--,until they receive this letter.

Maggie

[TideTurner]

At present, despite request, they have failed to provide you with a copy of any CCA you have signed. You have made it clear in the past that the account is in dispute. The original agreement was not with Westcot, therefore, they need to refer to their client / organisation they purchased the debt from for a copy of the original CCA else any authority you have provided, giving them ANY power to attend your property uninvited, is non existant until provided. We are stepping into S40 of the Administration of Justice Act 1970 here.

 

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a)harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;©falsely represent themselves to be authorised in some official capacity to claim or enforce payment;(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

They are a private limited company, and as such have no rights to make any threats at all. They have the same rights as you or I, so unless they issue proceedings (which can be defended) they cannot do anything.

 

Tell them you will bring your numerous requests to the attention of any Court where proceedings are issued.

 

Their behaviour is clearly threatening, they know this to be unlawful.

 

Their claim is disputed.

Tell them you now require details of ALL requested information and have written to the original creditor.

Any further unsubstantiated harrassment may be reported to the Police.

 

Also, send a letter to the original creditor and tell them that you believe agents that they have instructed are acting unlawfully. Ask them for a copy of their letter of instruction to such agents, and anybody else they have provided your personal or financial information to, together with a copy of any authority, signed by yourself, upon which they have relied when they have forwarded such information.

 

Send both letters together, and include details of the reasons you are disputing the claim to the creditor include details of your claim.

 

Cut out the middleman - they have no rights to do what they are saying.

 

Get back ASAP if you're unsure about above.

[maggie]

I received the following letter from them in answer to my cca request on the 2/10/06.

 

 

dear madam,

 

further to your correspondence regarding the above account.

We can advise you have not signed an agreement,therefore,a copy is not available in this instance.No agreement is required to accept the goods.

 

Should you have any further queries concerning the above please contact our client direct(re(express gifts).

 

In the meantime the account has been placed on hold pending receipt of your monthly payments.(I wrote to them offering £40.00 per month)

which should reach us by the 30th of each month.

 

Trusting the above clarifies the situation.

 

yours faithfully

Wescot

[TideTurner]

Maggie,

 

Stonelaughter is correct, cut out Westcot and deal directly with express gifts. See my previous post - write to both, giving express gifts the big heave ho, and inform express gifts they have instructed agents who are acting unlawfully. State details of your dispute. Put owness on original creditor - they are liable for actions of any instructed agents (Westcot).

 

No CCA - insist on copy of ANY authority you signed as in previous post which provides the creditor to provide your personal or financial information to any third party, together with a copy of their letter of instruction (including any emails) - these should have been made available with any DPA requests you have made, if not, complaint to Information Commissioners Office to include all parties. Push for creditors acting unlawfully.

 

Stonelaughter, can this be built into your letter just provided?

[TideTurner]

Apologies, give Wescot the big heave-ho!

[maggie]

thanks for all your advice ,both of you.

Will send letters to both Wescot and studio cards ,by recorded delivery ,1st thing in the morning.will keep you updated on replies received.

 

Thanks Maggie.

[maggie]

I have just added this short paragraph onto Stonelaughter,s letter ;=

 

I now require details of all requested information,and I have written to Express Gifts.(Studio Cards),the original creditor.

I must inform you that any unsubstansiated harassment from Wescot Credit Services may be reported to the police.I shall bring my numerous requests to the attention of any court where proceedings are issued.

 

Is this ok.?

[kellyplanet]

Hi Maggie.

 

I havent heard a bean from Westcot!!! I don't know what to do. Hope your ok though. Put a copy of the letters on your thread before you post them and I am sure you will get some good advice.

 

Take care K

[maggie]

Thanks Kellyplanet.

Hope you are ok with these vultures.

let me know how you get on.

Maggie

[mutzi]

The DPA request was delivered on the 9th October, they still have until the 17th of this month to comply. You'll need this information before claiming back any charges from them.

 

Wescot won't be happy with the letter your sending them, but not much they can do.

 

Do you have an estimate of what you've paid so far, I just noticed it's never come up in this thread. Do you think you've paid more than the original debt already? ie before either company added charges.

[maggie]

No ,sorry Mutzi,

I don,t have any idea on what I have paid so far,but I do know that Studio cards added on late payment fees and administration fees,this is why I am sending them a DPA tomorrow morning,for me to calculate the amount.

 

Ohhh God!!

I am a little nervous to send Wescot the above letter now.

[TideTurner]

Maggie, just composing - hang on!

[maggie]

ok.Tideturner.

Much appreciated

Maggie