wescot .please help

[maggie]

thanks everyone.Sorry I haven,t replied earlier,as I had to lie down,as I have an awful choking sensation in my throat.I will try and answer some of your questions later on Studio.

Luv Maggie

[maggie]

I can see no Consumer credit licence number on Wescot letter or Studio,s/

The admin charges and service charges range between £3.00 to £21.50p

Maggie

[maggie]

Also they(studio) have charged me for ppi ,which I did not request amounting to £37.00

[maggie]

And Wescot have not replied to my D.P.A request and the 40 days were up last month

Maggie

[maggie]

Thanks for your kind thoughts on Xmas,but the only thing I have been able to manage to swallow for the past couple of weeks is soup,ice cream,and a cup of tea.Looks as if there will be no turkey dinner for me this year.

Maggie

[maggie]

Hi Tide ,

My neighbour has shown me how to use skype.I can talk to my son,and it let,s you record the calls.

Maggie

[TideTurner]

Looks like the only thing getting stuffed is them then!

[mutzi]

Hi all,

Received following letter from Wescot this morning,in reply to my letter I sent them for a copy of the cca.

Dear Madam,

Further to your recent correspondence blah blah .blah,

 

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

 

 

In the meantime ,the account has been placed on hold,pending receipt of your monthly payments.

 

 

Please contact our client direct,concerning the above,should you have any queries.

 

Trust that this clarifies the situation.

 

Also they(studio) have charged me for ppi ,which I did not request amounting to £37.00

 

Oh dear (for them.) Is it £37 total or £37/month?

 

The £21.50 charges I'm guessing are for late payment/over limit. What are the £3 ones listed as? Doesn't matter I suppose if there never was a credit agreement

[TideTurner]

The Consumer Credit Agreement is the contract between the parties, which is specifically designed to conform to the Consumer Credit Act 1974 (also 2000 & 2006). The fact they are 'hiding' and failing to produce it sounds volumes. In particular, most Debt Collection Agencies train their staff that what they are doing is right as "you will have signed a Consumer Credit Agreement".

 

If the DCA's have access to this information, they have received it unlawfully.

 

Lots to go on here - Maggie I have PM'd.

[Movingon]

TT - please - this information may be of use to others with similar problems; let's keep it public eh?

 

Maggie; I'm really sorry to hear about your health and family problems; I'm sure that Westcot is the LAST thing you need. I would STRONGLY advise you to ask BT for a number change - it will be done INSTANTLY if you explain that you're being harrassed.

 

Oh, and Maggie - if you ever want anyone to talk to - just to hear a friendly voice - I'm PM'ing you my phone number. Don't call tonight (it's Yule and I'm celebrating ) but any other time is fine. However; anything that could be construed as help regarding this "case" I would rather keep on the forum; it protects you AND me from anything bad.

[TideTurner]

Sorry, Mutzi, forgot to wish you all the best and success for 2007.

[TideTurner]

SL, I am currently finishing my N1 Claim which is for a repossession. Got a few days off over xmas and have a previous letter I sent to three DCA's who came after me. Haven't heard a peep so will adapt this for Maggie then focus on Studio.

 

This is also another opportunity to register a complaint with the ICO (Information Commissioners Office) and the DTI (Dept. Trade and Industry) on the grounds that if Studio hold a Consumer Credit License they are an 'unfit person' to do so.

 

The more these are highlighted the better.

[TideTurner]

So, to all, if you have a complaint about these organisations, make them! Make sure you have good grounds and have been 'wrongued'.

[Movingon]

if Studio hold a Consumer Credit License they are an 'unfit person' to do so.

 

Do you know, I don't know if they do... it seems a bit mad saying she can pay every month and then saying "you don't need a credit agreement"... goes absolutely contrary to the CCA 1974.

 

*to the world at large*

 

Guys, if you offer monthly terms then you need a Consumer Credit Licence and the agreement needs to be signed by both parties and conform to the Consumer Credit Act 1974 (As amended)!!!

[TideTurner]

So we need to get a copy of it Maggie, why they have not been forthcoming is baffling, no interesting. We'll dig a bit deeper. What is interesting is I don't believe they would have made such a demand by the 29th December unless they were desperate.

 

Let's see, have you blended that turkey yet?

[poochball]

Hi Maggie,

 

Sorry to hear you are experiencing many problems with Wescot.

 

I am a bit of a Veteran when it comes to these guys. I managed to get my CCJ removed and the Debt written off.

 

In order to get anywhere with these Clowns make all your requests to:

 

Process and Compliance Coordinator

Wescot Credit Services Ltd

PO Box 137

Dunedin House

45 Percy Street

Hull

HU2 8HF

 

Outline the story so far, If I remember correctly earlier on in this thred Wescot had passed the account back to their Clients. If so make them aware of this and ask them why they are chasing it. Also I am confused as to how they can enforce an agreement that simply does not exist.

[TideTurner]

Thanks Poochball,

 

Studio 'and others' use DCA's to apply pressure and occasionally where they cannot justify their actions they will try and force a settlement.

 

Maggie simply wants details of their claim in writing. She should now write to Studio, outlining the correspondence, notifications, and the fact she will not be dealing with Westcot further.

 

We will then await the CCA and other information as requested.

 

Tide

[TideTurner]

Maggie, please PM me if you get any further calls given their time limits.

[maggie]

Ok Tide.Will do.

Maggie

[maggie]

ok ,Had another final demand from Wescot this morning,demanding I pay full amount by 16th January,or they are taking me to court ,plus charging me legal expenses of £150.00 on top.I have still not received any cca from requests to both Studio or wescot,ahve received copy of my statements only from Studio in reply to my dpa,but nothing from Wescot in reply to my dpa request.Dpa request from Wescot is well over time limit,and both cca reuests from Studio and Wescot,are well over time limits.What do I have to do now.please?

Maggie

[Movingon]

I would urge you to change your phone numbers, and then complain to the following for the listed reasons:

• Information Comissioner's Office - because Westcot failed to reply to your Data Protection Act SA R
  
• Office of Fair Trading - because Westcot are harrassing you despite the fact you do not acknowledge any debt to them. Because you are being pursued for an unenforceable, unlawful credit arrangement.
  
• The Financial Services Authority because you believe that Studio may be offering credit without appropriate licensing and under unlawful arrangements

The facts as I understand them are as follows:

 

You borrowed money from Studio Cards to pay for cards etc. They agreed to lend you the money (i.e. they did not extract payment from you for the goods before sending them but agreed to a monthly payment to cover the cost of the goods). They apparently did not ask you to sign a Credit Agreement regulated under the Consumer Credit Act. They are now trying to enforce this arrangement by the use of a DCA who are behaving illegally by harrassing you and causing extreme undue distress.

 

Again as I understand it, the arrangement you have with Studio Cards is unenforceable, illegal and unlawful all rolled into one. They may have committed criminal offences in relation to providing unlicensed credit to a consumer. Westcot may have committed and seemingly continue to commit criminal offences in relation to the way they are pursuing the debt and in relation to their failure to provide evidence of their authority to act at all. Finally, as a final nail in the coffin of these awful organisations, you have told them that the amount is in dispute and that they may not enforce the collection until the dispute is resolved.

 

When you complain to the organisations above, tell them all this, and send them COPIES of ALL the correspondence you have relating to this matter. DON'T send the original of ANYTHING.

 

Finally, I really REALLY hope you are well and getting better.

[mutzi]

Sorry to hear they are still chasing you maggie. Remember how many deadlines they have said they will take you to court after, in your very first post in this thread you supposedly had until the end of September. It's just intimidation.

 

And a couple of additional points you could throw in when complaining. Studio have charged you for PPI without any sort of agreement. Wescot have sent you a letter stating they are no longer dealing with the account and then continued on anyway.

 

The ICO should be able to get wescot to provide you with the infomation requested. Neither the OFT or FSA will take up individual complaints, if laws have been broken they will act for consumers as a whole. Trading standards I think are still your best bet for ridding yourself of wescot.

[Movingon]

YES!! I could NOT for the life of me remember who it was that would act! Trading Standards is who to complain to - not the OFT. Complain to the Trading Standards Office in Westcot's home town (where they send their correspondence from) and send a copy to your own area Trading Standards Office.

[TideTurner]

Maggie,

 

A complaint to the ICO is a must. They also cannot act on a single complaint, however, every complaint is logged and may be used against Westcot and others.

 

Westcot need a simple referral to your previous correspondence, and a reminder that what they are doing is unlawful (on the instruction of others).

 

Issue proceedings? Add costs?

 

They haven't even made this a legal matter, and have not consulted solicitors.

 

I will construct a letter to each shortly re:

 

1. Westcot and Studio - reiteration of S.40 Administration of Justice Act - they are fully aware of this, yet continue to attempt to bully this out of you anyway.

 

2. Lack of CCA Agreement - as SL says, unenforceable, unlawful and bare faced. If they had this agreement they should have provided it by now.

 

3. Westcot and Studio - Failure to comply to a subject access request - letter to ICO with complaint, additionally requests from the ICO for details of their registration numbers (whether data controllers, data processors or neither).

 

4. DTI - Whether Studio hold a Consumer Credit License.

 

5. OFT - Simply to register (but Studio may get a lot of complaints, so must be investigated.

 

6. ICSTIS - Complaint about Wescot

 

Tide

[TideTurner]

Also, please see this reply which may just be a way of them losing the small claims

 

"

This thread is located at:

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-new-post.html

Here is the message that has just been posted:

***************

hi, today i received a letter from a large very well known DCA that I CCA'd in July. They couldn't comply and told me in Sept that they couldn't find agreement. I received a letter today stating that they were closing the file on this because they "*the debt cannot be enforced without the original credit agreement and you have now advised us that you do not acknowledge this debt any further" *I would also say that this was for a not inconsiderable amount of money, and they have details of all payments made to it and direct debt mandate. now there is no way that an established company of this size and notoriety would do this if they had the slightest chance of continuing with it to court. So take heart and don't be fobbed off. I'm not posting the name here because I'm not finished with them but if anyone wants to know pm me."