wescot .please help

[maggie]

Methinks you are right Tide.

 

Maggie

[maggie]

SL,s still silent Tide,he must have an awful lot of milk to bring in off the doorstep.

 

Maggie

[maggie]

I have just been informed by the person at my local Trading Standards office,that Wescot have informed them that the trading standards office at Hull has been dealing with them concerning my complaint ,since the 25th January 07.

 

This I find difficult to understand,as the Hull office ,have not requested any correspondence between myself,Wescot or Studio,so that they can study all the paperwork on this matter.So how could they know all details of this matter,if they haven,t the proof in front of them,to read for themselves.????

 

I have just informed the officer at my local T/S office,of this.

 

Maggie

[Movingon]

Don't worry too much though... TS are actually on your side, whichever end is dealing with it. And rest assured that all the correspondence you have sent to TS at your end will now be forwarded to TS at Hull. TS aren't stupid and they won't be running around after ghosts for too long

[maggie]

Hi Stonelaughter,

 

Took you a very long time to clear your doorstep.ha !ha!

 

I have contacted the T/S officer at my branch on this,so I will wait now,and see what happens.

 

Maggie

[Movingon]

Hi Stonelaughter,

 

Took you a very long time to clear your doorstep.ha !ha!

 

I have contacted the T/S officer at my branch on this,so I will wait now,and see what happens.

 

Maggie

 

Excellent... Wescot need a good slap - and TS is just the man to give it to them!

[TideTurner]

I agree SL, let's see if they come up with anything more than an application form.

 

Until then Maggie, I wouldn't waste any energy on these people. I'm sure TS are aware from other sources also.

 

Tide

[maggie]

I will update the thread from the response from T/S as soon as I receive it .

As for giving them a good slap,I would love to do the honours myself.

 

Maggie

[andrew1]

I will update the thread from the response from T/S as soon as I receive it .

As for giving them a good slap,I would love to do the honours myself.

 

Maggie

 

That makes me feel you are all better Maggie?

[maggie]

Hi Andrew1

I am on the mend now,thank you,and feeling a bit stronger each day.Still croak though ,when I speak.Frighten myself sometimes on the telephone.

 

How are you?

 

Maggie

[andrew1]

I'm fine Maggie thanks, chasing a few rabbits just now ( banks and companies) but the hopping keeps me young! Glad to hear you're on the mend now, a few croaks won't hurt anyone and I'm sure a gruff voice has a certain attractiveness to it! Tide and Tom seem to have been good minders, you are in good company, and these companies that gave you grief will be gone soon and life will begin to smile again and your days have a bit of sunshine on them. I feel for so many on here, If only some of the outfits could actually see the reality of what they do to people and try to help them get back on the road rather than keep putting the boot in all the time then life could be so much more bearable for them - it's like banging your head against the wall sometimes trying to make them understand. I've had it for 2 yrs after my business went bang and it's those accounts I've been getting my own back on, but it's been a long time coming and the depression it caused me can never be repaid. Still, it's given me the strength now to help others so some good has come of it. Keep smiling. Andrew xx

[TideTurner]

Hi Maggie,

 

I got your PM, and believe Wescot are claiming that you would have received a copy of the CCA from them and were told to keep it safe. This is for your reference, and you should now go back to TS and ask that Wescot provide a copy of the original agreement as requested. The onus is on them, not yourself.

 

With respect to payments made, you should point out to TS that you have requested full details of the outstanding amounts in the past, and they have failed to provide these. The fact you have paid something does not mean you are automatically liable for whatever amounts they might seem fit to charge.

 

As I remember it, you do not have any agreement with Wescot. TS should now get in touch with Express Gifts Ltd. and ask them when they are going to comply with your request for a copy of the original agreement and all statements in support of any claims they believe they have. Until such time, Wescot should not be processing your data, as Express Gifts Ltd. have offered no evidence that they lawfully communicated your personal information to Wescot. At the same time, Wescot have failed to produce same with respect to the processing of your information, nor provided you with their registration number with the Information Commissioners Office, a legal requirement to ensure that they are capable of storing and processing your information properly and securely.

 

Ask TS how Wescot are a party to this matter. If they have been instructed to act by Express Gifts they should have already have a copy of any CCA you have signed.

 

Where payment has been extracted from you under duress using telephone calls and threatening letters, ensure TS are aware of this as this is illegal under S.40 of the Administration of Justice Act 1970. Any payments made were as a direct result of threats made by Wescot.

 

You now require the following: -

 

i) A copy of any agreement made between any party in particular a copy of the original CCA signed by both parties

 

ii) Details of Express Gifts Consumer Credit License Number

 

iii) Copy invoices of all goods or services provided

 

iv) A copy of any authority signed by yourself upon which either Express Gifts or Wescot would rely upon when they have communicated your personal information to any third party or each other.

 

v) Details of the registration number of Express Gifts or Wescot with the Information Commissioners Office.

 

Without having sight of the CCA, why are TS dealing with a third party?

 

They should go directly to Express Gifts and get the above information, together with copies of all correspondence. Wescot are not a party to this contract, they have simply been instructed.

 

Please feel free to forward this to them and the fact that you are still in ill health.

 

Tide

[maggie]

Hi Tide,

Studio sent a letter to T/S with a copy of a specimen credit agreement and it is Studio who state that the signed agreement would already be in my possession as it is sent out with the first order,and they also state in the letter to T/S that to acknowledge approval of the goods ,I was asked to sign the agreement and keep it safe,and they have also stated that I have made payments towards the account myself.(can,t remember signing any agreement including the ppi I was supposed to have asked for?)

 

T/S then says that a credit agreement is only executed if it is signed by both parties,but if payments are made towards an outstanding amount,then unfortunately the debt is legally admitted by the person making the payments i.e. me .

 

HELP!

 

Maggie x

[andrew1]

What are they saying Maggie - they haven't got the agreement? They'd need it if they went to court, without it they are lost.

[TideTurner]

Don't worry at all Maggie,

 

Point out to TS what I have said above. Where is the agreement? What part have Wescot got in this? Have TS contacted Express Gifts and got anything sensible out of them?

 

Tide

[maggie]

Tide,

I will scan your reply to me ,and send it to T/S ,s.

Would that be ok.?

 

If I could scream without croaking,I WOULD.

 

Maggie xx

 

Just had a thought,will have to check back thru my paperwork,but I am sure that Wescot have stated in black and white ,that there is no agreement,so they will refer the account back to Studio.

I will also scan in the letter I received last Novemeber from Studio,the same time as they sent statements in reply to my S.A.R. and send it to you Tide,on second thoughts,I will find the letter and post it here.

[Movingon]

but if payments are made towards an outstanding amount,then unfortunately the debt is legally admitted by the person making the payments i.e. me .

 

That is absolute nonsense. You were bullied into making payments. If they don't have a copy of an EXECUTED* agreement regulated under the Consumer Credit Act then they have NOTHING and must return all monies paid.

 

*EXECUTED = signed by BOTH PARTIES.

[maggie]

ohhhhhhhh Stonelaughter,

I hope so.I am feeling bl---y stressed out now.Wish it was summer so I could pop into the garden.Maybe I,ll take a stroll down to my heated greenhouse and give my seedlings some tender loving care.

 

Make myself feel a little better.

 

Maggiex

[maggie]

Ok ,as promised ,here is the letter I received from Studio with my statements.

 

Thank you for your recent letter(the letter being the one Tideturner + Stonelaughter composed)

 

Please find enclosed the full trading statement of your account.

 

Under the credit terms your statements are issued every 28 days advising you of the minimum payment and the due payment date.We reserve the right to apply an administration charge of up to £20.00 each time you you fail to pay the full required payment(this may be subject to variation from time to time)

 

We do advise you of our right to apply an administration charge in the credit agreement sent with your first order and also in the policy pages of the main catalogue.

 

 

I would be most grateful if you could please clarify if this is sufficient for your requirements or if you require further documentation.

 

I trust this is to your satisfaction and assure you of our best attention at all times Dated 27th November.

[andrew1]

Confirmed my thoughts Maggie - they got nothing!

[TideTurner]

No Maggie,

 

This is not acceptable. I am conscious about your position and think it would be a good idea to put this back with TS - we have requested all of this information in the past and they are now out of time.

 

They had 40 days from the time of your original SAR, and instead of providing the information they are lawfully obligated to do so, they decided to bombard you with threats including the tel calls.

 

Point out to TS that you have no agreement with Wescot, and ask them to deal directly with Express Gifts.

 

We want a copy of an agreement upon which they would intend to rely should they seek to enforce any of their claims.

 

Put up or shut up.

 

Then we'll go after their rights to process / provide your information to a company who have thus far failed to provide their registration no. with the ICO which enables them to process ANYBODY'S data.

 

If I promise to calm down will you?

 

Can you send a copy of my post to TS and see how they come back, I don't think this has been looked at thoroughly enough.

 

Tide

[Movingon]

Quite so Tide. And to say that because she's made some payments she owes it all?!?!? Nonsense. By all means she could admit the original debt if they can produce some relevant paperwork to show that she is legally bound by it; but not the unlawful charges and not whatever crap that Wescot have added to it. I'm not sure that TS are really on her side, here. Not the way they should be. I would want to challenge this statement of theirs that she "admits" liability by demanding that they show the legal precedent or the Law they are relying on.

[TideTurner]

I agree Tom, back to TS it is, and let's try and use this to cut Wescot completely out of the equation.

[maggie]

Where would I be,and what on earth would I do without you guys?

 

 

I will forward your previous reply Tide,to trading standards,and also ask if he would forward it to the office at Hull,whom Wescot state ,are dealing with them.

 

My CCA request to Wescot was up in Oct/Nov. last year,and the DPA request time limit was up for Wescot,on November 17th 2006..I have received no correspondence on either of these.

 

The CCA request to Studio cards has not been replied to either,and that was requested 06/11/06.

 

Just looking back through all my paperwork,it seems that Studio have/are misleading T/S and/or myself,as in a letter dated 2/10/2006 from Wescot ,they state the following.=

 

We can advise you that you have NOT signed an agreement,therefore a copy is not available in this instance.

 

The next paragraph is really interesting.It says=

 

NO AGREEMENT IS REQUIRED TO ACCEPT THE GOODS!!!!!!!

 

Should you have any further queries concerning the account,please contact our client direct.

 

 

A second letter received from Wescot dated 10/11/06

 

We can confirm that as a consequence of the query you raised,the above account has been returned to our client.

 

What does this mean? (THEIR WORDS NOT MINE)We have closed the debt on our computer system and returned the account to our client.

 

No further action will be taken by Wescot credit services Ltd. to recover the above account.

 

All the above and more,were sent to my local Trading standards office.so I am unable to fathom how they arrived at the conclusion they have.

 

 

Maggie x

[maggie]

Oh! and Tide,

I promise to calm down. Honest!

 

Maggiexx