Wescot/ CC debt with halifax

[Palmers]

Hi looking for a bit of advice

 

I had a CC with Halifax owing approx £6000.

I defaulted back in March 2009.

After sticking my head in the sand I finally attempted to sort it out.

 

The debt was being chased by Wescot. ( at this stage I had not looked at my CRA file)

 

I came to an arrangement with Wescot and starting paying approx £20/£40 a month off and cleared over a £1000 before my circumstances changed again.

I am now paying a token £5.00 per month.

 

I have checked my CRA file and the debt is still registered with Halifax,

however it shows the balance has been reduced so it appears the money collected has been passed to Halifax.

 

This is where I am looking for advice.

 

As the debt is stilled registered to Halifax,

I sent a offer of full and final direct to Halifax.

 

I heard nothing but then I received a letter from WESCOT stating my offer is not accepted and their client would only accept a much higher partial settlement.

 

This has miffed me, the debt is owned by Halifax and I wrote to the Halifax but the reply came from WESCOT

(they dont own the debt and as far as I can see are just collecting the debt)

 

Is there any way I can just deal direct with Halifax.

At the moment I am not sure whether what Wescot has told me is correct?

 

Would a CCA letter be of any use, I could I just say the debt is with Halifax and I will only deal with them from now on?

 

I want to try and settle the debt but not sure what to do?

 

Sorry its a long winded message buit would really appreciate any advice.

[BRIGADIER2JCS]

Westcot is assigned to manage and collect the debt that is Halifaxs' choice.

If they wont deal with you direct there is little you can do other than keep trying.

[Palmers]

Thanks for the prompt reply, bit gutted as was under the impression that it is Wescots decision to refuse my offer not Halifax.

 

I have not yet sent a CCA to them yet or attempted to see if there is and PPI on the account. In this cae woould i send the CCA request to Wescot.

 

Many Thanks

[BRIGADIER2JCS]

They (WestCott) are instructed by Halifax.

[Palmers]

Thanks again for the prompt reply.

 

So Halifax have instructed Wescot to act on their behalf, so sorry if I sound dense but if I were to look at reclaiming any PPI or unlawful charges I would send my request direct to Wescot or Halifax?

 

Would my starting point here be a CCA Request to ?

 

Cheers

[BRIGADIER2JCS]

That is a enitely different matter, any claim must be made to Halifax.

[Palmers]

Thanks, will start with a CCA to Halifax

[BRIGADIER2JCS]

No CCA to Westcot, they have the responsibility to provide this,

and if they do not have the agreement they must get it from Halifax.

[Palmers]

Thanks again,

 

OK, will send the CCA to Wescot, am I correct in thinking that any SAR would be my starting point in looking at PPI or unlawful charges. By the way, how do I know or determine whether any charges they added to the accout in unlawful.

[citizenB]

You can if you wish make an official complaint to Halifax - head your letter as such else it wont be dealt with.

 

If you make it clear that you do not feel that you are being "Treated Fairly" you might get somewhere.

 

If Wescot are giving you any grief, then Halifax are equally resposible for any 3rd party they instruct.

[BRIGADIER2JCS]

Agreed CB!

[Palmers]

Hi Thanks for the reply,

 

If I am honest, I could not really say Wescot are treating me unfairly, they have been civil enough and agreed to drop my monthly repayments when my circumstances changed, I just would prefer to deal direct with Halifax. Again it is really my fault as I stuck my head in the sand when I defaulted and as a result Halifax passed the case to Wescot.

 

I want to clear the debt and think I made a fair offer which was a staring point and it has been dismissed out of hand by Wescot.

[BRIGADIER2JCS]

No Dismissed by Halifax,

[Palmers]

Ok dismissed by Halifax,

 

However about six months ago I rang Wescot to make an F&F offer and they told me over the phone and they said more or less what they just told me in a letter. during this telephone call they didnt contact Halifax they appeared to make the decision independant of Halifax. They also styated in this call that the default would stay on my CRA file for six years from the date the account is settled, hence me not trusting them 100%

[dx100uk]

as you have spotted

 

get that SAR off and get reclaiming!!

 

whatever you do

 

NEVER EVER let a F&F be marked as a partial settlement.

 

you might as well BURN the money for all the good the PS status will do to your CRA file!! - NOTHING!!

 

dx

[Bandit127]

I have lost my claim form in respect of a Wescot claim (halifax CC assigned to them) doesnt appear to be a copy on MCOL to file, can anybody post a POC from wescot in respect of a halifax CC - I would imagine they are all similar? Cheers

MVM - I have asked a mod to look at your post and maybe move your post to a new thread in the legal forum where you will get better replies.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues

[citizenB]

MVM has his own thread now..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361669-Re-Wescot-CC-debt-with-halifax-Lost-claim-form

 

Thanks Bandit

[Palmers]

Hi everyone, and thanks for the advice.I have received the CCA from Halifax signed by me but not by anyone at Halifax, not sure if this affects anything.However in the letter from Halifax they state that my account was defaulted on the 08/07/2011 with a balance of £5079.66 when all interest stopped.

 

The account was then passed to Wescot to collect. At this time I had stuck my head in the sand and was not really dealing with anything.However by the 17/11/2009 Wescot were telling me the debt had risen to £6256.66!.

 

I am unsure where this extra £1177.00 comes from, ie Halifax or WescotI have sent a SAR request to Halifax today, however should I do the same to Wescot and if it is Wescot who have addeed these charges, are they legal, can they do this etc etc To find out where these extra charges came from would I need to send another SAR to Wescot? or would a letter do?

Edited August 29, 2012 by citizenB
formatting

[citizenB]

If the balance was frozen by HBoS with no further charges or interest being added - then you do need to know how it has increased by nearly £1,500. I do not think that Wescott have any contractual right to add either of these.

 

The fact that it is not signed by Halifax does not prevent them enforcing the agreement - if the agreement is enforceable. A few HBoS accounts do have serious flaws.

[citizenB]

In an earlier post you said that that Wescot implied the defaults would stay on your account 6 years from the date the account was settled. I dont think this is correct, I am sure others with more knowledge will be able to confirm or not.

[BRIGADIER2JCS]

If the account was defaulted it must be removed on the 6th anniversary of the default, an account in arrears but not defaulted will remain for six years after the account is settled.

 

For example there are hundreds if not thousands of Welcome Finance delinquent debts that have never been defaulted.

[huggy41]

Wescot implied the defaults would stay on your account 6 years from the date the account was settled. I dont think this is correct, I am sure others with more knowledge will be able to confirm or not.

 

if your CRA file is marked as AR ie Payment arrangment then the AR marker falls off 6 years AFTER your account is settled . i had this fight with Halifax so told them they were not getting another penny till they defaulted they account that way i knew it would be clean 6 years from then.

[Palmers]

Do you think a SAR request should be sent to Wescot as well then as it appears they have added the charges as HBOS have informed in witing the account was defaulted and the interest stopped. The balance has risen £1100.00 since this happened.I am hoping these will be deemed illegal charges which I can get wiped.

[citizenB]

How long has Wescott had the account ?

 

Yes, you could invest £10.00 in a SAR to them. You should make it quite clear that you do NOT want them sending this one to HBoS. The purpose of the SAR to Wescott is to establish the actions taken since Wescott were passed the account.

 

If they have added charges, then you will almost certainly be able to have them removed. I doubt you will be handed a cheque as you havent actually paid them

[Palmers]

Thanks for the advise, I am not expecting a cheque, would just like any unfair charges removed so the debt is more manageable.Not sure what right they would have to add these extra charges, may look through the Libary to see if there are any letters to send to DCA regards charges if not I will send a SAR to Wescot making sure they are aware it applies to them.