backdoor wescots CCJ - littlewoods account - cropped up againt old address.

[Surfer01]

That is why we await the results of the SAR!!!

However in the meantime they should not have contacted and passed on any information to a third party.

[BRIGADIER2JCS]

However in the meantime they should not have contacted and passed on any information to a third party.

 

An account at some point existed, and was used at some point by someone who the defaulted on repayments and the debt was sold on according to amnd in line with the Ts & Cs in force at that time, one would have to clairvoyant at that stage to be aware that was to be a mistaken identity problem rears into the future, which is now being challenged.

 

Again another irrelevant comment.

[Surfer01]

I notice that you are now being very picky about my very relevant posts as a result of me correcting you in another thread. I think this is very childish and not very becoming of some one who is supposed to be a member of the site team.

[BRIGADIER2JCS]

I notice that you are now being very picky about my very relevant posts as a result of me correcting you in another thread. I think this is very childish and not very becoming of some one who is supposed to be a member of the site team.

 

My last word on this is: Qouting what may happen in a Magistrates Court in relation to a matters in the Ennglish Civil Courts (County Courts is in now way relevant in that particular thread.

[jo5ephedward5]

Just a little update.

 

had the standard letter from Shop Direct to 'thank' me for my request and statutory payment and that they are currently 'collating' all the information and will contact me shortly.

 

I've not heard a peep out of Westcot but I'm sure this is the calm before the storm!

 

I'll update once I have more to report.

 

J

[jo5ephedward5]

Hi guys,

 

I’ve finally received a response to my SAR from Shop Direct, I’m less than satisfied and very confused.

 

There is no agreement, signed or otherwise.

There are some screen grabs of orders which mean nothing – i.e. the say catalogue number not found and the total orders on the account were 2.95+2.95+2.95+49.00 – that was in 2001/2002 – I assume the £2.95 is PPI but it doesn’t say but either way if I add them all up its £57.85

 

There is a screen grab called payments and refunds which shows 8 payments in 2002 totalling £54.32

Then a payment in 2005 for £40.06

Then 3 payments in 2006 totalling £110

 

Interestingly Wescot said in their letter that they brought the debt in 2005 yet there is a line on the screen grabs which suggests the debt was sold in Feb 2007?

 

There is a screen grab called ‘adjustment details’ which has a list of dates starting in 2001 and ending in 2002 the middle section has a page break through it suggesting there’s more but its not included. Each transaction on this list is ‘Extra Care 500’ followed by Interest – these were around £3 each in the 2001 period and by the end of 2002 they are nearer £15

 

Then I have copies of statements that start in Oct 2006 and end in April 2008

The statements list a scheduled payment of £5 coming in until Dec 2007 then a payment of £1.38 in Jan 2008

 

I have not been making these scheduled payments, and on top of that they have been allegedly collected after the debt was sold to Wescot.

 

So to summarise, I have no idea how the balance was attained. I have no idea why there are payments showing when I haven’t made them, and I don’t have an agreement to refer to.

 

Not sure what my next move is? – interestingly I’ve not heard a peep out of Wescot

[BRIGADIER2JCS]

1. There is actually no obligation for a creditor to supply and agreement with a SAR as this is covered by sections 77/78 of CCA 1974.

 

The ICO has said that all though they ''might'' expect an agreement to be supplied there is in fact no ''legal'' requirement so to do.

[jo5ephedward5]

That’s frustrating – I guess I need to CCA them now.

My bigger concern is these later payments which obviously kept this account from being statute barred – I didn’t make these payments and they were received after the account was sold on.

On top of this do you consider a few statements and no real evidence of how the balance got to £1400 acceptable from a SAR? I was expecting a copy of every statement they’ve ever produced so I could see what the alleged balance was made up of…

[BRIGADIER2JCS]

OK you did not make these payments so they must be challenged, give me a while I'll draft a challenge for you.

[BRIGADIER2JCS]

Am I right in thinking that there are 4 payments that you did not make appearing after the debt was sold on??

If so the following should be sent to the data controller as shop direct.

 

Ref: as on their letters.

 

Complaint incorrect data included in SAR.

Sir,

 

I am in receipt of the documents requested in my Subject Access Request date xx xx xxxx, included is a ''screen shot'' entitled ''payments and refund'' which shows payments allegedly made to the account on the following date (list all paymennts), these payments appear to have been made AFTER this account was sold on to Westcott Credit Services, this also conflicts with a letter from Westcott that states they aquired the debt in 2005 documents from the SAR implies the debt was sold to Westcott in 2007.

 

Furthemore there are payments allgedly made of £5.00 in 2007 and a payment of £1.38 made in January 2008, I have no knowledge of any such payments being made and these appear to have been AFTER the debt was aquired by Wescott so they cannot be correct and would seem to be applied to prevent this matter from becxoming statute barred.

 

I now require you to explain fully the disrepancies that are apparent here and also you must supply or explain the reason why statements of the account are incomplete and therefore do not give any information as to how or why the alleged balance now stsnds at £1400.00.

 

I expect your response to this complaint to fully answer my points and provide the documents that have been with held from my request, failure to comply with my request will result in a complaint to the Information Commissioners Office regarding your companys' conduct in this matter,

 

I am allowing no more than 10 working days from the date of this letter for your response, after which my complaint WILL be passed to the regulatory bodies.

 

Send recorded delivery, check delivery.

 

Add/delete/amend if I have got any thing wrong.

[jo5ephedward5]

Update:

 

So, I wrote to Shop Direct and basically said the SAR wasn’t satisfactory and that I wanted to know more about how this alleged balance was compiled.

 

I also sent a CCA request to get a copy of the original agreement.

 

I have now received 2 letters:

 

Dear Mr X

 

I am writing further to your recent letter regarding your request to access under the Data Protection Act 1998, for information which is being held by our company.

 

After reading your letter I understand that you unhappy with the format of the statements you received. In an attempt to simplify the statements we provide customers with an abbreviations list, but unfortunately we are unable to do anything about the way the statements are presented. In your letter you also request to the opening of this account. It is company policy to only retain statements dating back 6 years; consequently statements provided will not go beyond this 6 year threshold.

 

I regret to inform you that as part of the SARS team I am unable to help you any further with your remaining complaints, so I have referred your case over to eth customer complaints team. Anything regarding charges made against your account must be handled by our customer complaints team; they will look into your case in detail and inform you of their findings

 

Yours sincerely

Joel Crossthwaite.

 

So it seems to me that they say I cant have the statements [despite some of the info they sent me going back beyond 6 years]….this brings me to letter number 2 which is a generic one form the customer complaint team:

 

Dear Mr X,

 

 

Thank you for your letter of 25th September 2012 concerning a complaint on your very account [worth noting that Very didn’t launch until 2009 so this isn’t a Very account!]. Please accept our apologies that you have found it necessary to complain.

 

In the interests of providing the best possible services to our customers, all complaints are taken very seriously and we will contact you once a full investigation of your concerns has been made.

 

Please find details of our financial services complaints procedure on the revers of the letter [it was a separate sheet but I’m being picky]

 

Yours sincerely

‘Customer excellence’ [unsigned]

 

So I guess I have to wait now to see what ‘customer excellence’ come up with and also the response form my CCA request for the original document.

 

When this is all over I will challenge Westcot to have the CCJ set aside…I would also add that Westcot have been good as gold, they sent me 1 letter as a response to the one that shop direct forwarded them and I’ve not heard a peep since – most unlike them!

 

Any thoughts welcome as always.

[jo5ephedward5]

Afternoon all,

Just had a letter off Shop Direct stating that the ad-hoc ‘payments’ were not payments but a list of what I should have paid each month…a likely story!

They also state that the last payment made to the account was March 2006 – as Westcott obtained a CCJ against this debt in October 2011 it was not quite Statute Barred at the time the judgment was awarded.

So I’ve still got a CCA request in the pipeline to see if there was a credit agreement as I still have no idea what this account was – the CCJ say it was a Littlewoods account but every time shop direct write to me they refer to it as a Very account – possible a template oversight on their part.

Westcott have been very quite over this – they wrote to [after Shop Direct forwarded my initial letter to them] and stated that they brought the debt in 2005, yet today I’ve had further confirmation from Shop direct that this was not the case and it was sold in 2007.

The CCJ is also for some £400 more than Shop Direct say this debt was for, [assume court costs]?

I now feel in a bit of a pickle given it wasn’t Statute Barred – this CCJ is actually ruining my credit file – I don’t want to pay £1400 for something I’m still not convinced is mine, I’m even less convinced that it’s balance is correct and it seems Shop Direct can not offer further clarification as to how the balance reached £1040 in the first place. Its going to continue to sit on my file until 2017 unless something can be done about it.

If I apply to set it aside and then Westcot re-apply for it – do I have a defense? I’m not sure I do? And I guess this starts the 6 year clock ticking again.

Any advise gratefully received

J

Shop direct letter below:

Dear Mr …,

Further to our letter of 18th February 2013 and your complaint on your Very account. Please accept our apologies for any inconvenience this matter may have caused you.

My understanding of your complaint is that you have found the information provided in response to your SARS request unclear.

In the course of my investigation, I can confirm that our records show your debt was sold to Westcot 13th February 2007.

The screenshot titles Payments and Refunds shows payments credited to your account to reduce the outstanding balance.

I can also confirm that the entries of £5.00 through 2007 and £1.38 in 2008 shown on your statements are not payments we received. These entries refer to the scheduled minimum payments on your account after March 14th 2006.

However, our records show we did not receive any payments on your account after March 14th 2006.

Furthermore, our records show your account balance was £1040.00 as at 13th February 2007 when passed to Westcot.

I trust that our explanation meets with your satisfaction and confirm that this letter is our final response to your complaint.

If you are unhappy with our final response, you can refer y our complaint to the Financial Ombudsman Service (FOS), but must do so within six months.

Thank your for bringing this mater to our attention and giving us the opportunity to respond.

Yours sincerely

Ayotunde Dada.

[jo5ephedward5]

Hello busy people. I know I only updated this yesterday but does anyone have any views on my situation? [is this post still in the right location as now we have worked out who the creditor is?].

 

I’m now very nervous that all I have some sketchy paperwork for an account that I can’t remember and a confirmation that the CCJ was awarded after a DCA sat on it for 4 years and put it in 4 months before it was due to become Statute Barred. The creditor has confirmed they have no further information due to the age of the debt.

 

In addition to the above, Shop Direct received my CCA request on the 13th of Feb…so that’s tomorrow for the 12days…I guess allowing some postal contingency for their response I’d be right to send a non-compliance letter about tue/wed next week?. Do they have to comply? What course of action can I take if there is no agreement?

 

I feel like the next port of call is a letter to Westcott but I’m not sure what it should say? I feel like a criminal - its so frustrating, this is the only blemish on my file ):

 

 

J

[jo5ephedward5]

Update:

Today I received a letter from Shop Direct:

Dear Mr X,

Further to your letter, we can confirm that your debt is no longer held with Shop Direct Finance Company Limited and the account was sold to Westcot Credit Service. Therefore please send all future correspondence to the address below:-

Westcot Credit Services

The Marsh

Jarret Street

Hull

HU2 8HF

In this instance we will forward your request to Westcot. Please allow an extra 7-10 working days for a response.

If a third party is acting for you, please pass a copy of this letter to your representative.

Yours Sincerely

Mark Warburton

Debt Sales Team Manager

[BRIGADIER2JCS]

If the above is reffering to the CCA request, I find it very surprising that SD state that the request should be passed to Wescott as I sincerely doubt such a document was supplied along with details of the account which would have been part of a huge portfoio of debts.

 

I wonder if the next letter will be from Wescott stating they are requesting the document from SD!!

 

I would suggest a SAR to SD now.

[jo5ephedward5]

I've already had SAR back from SD...it was sketchy to say the least (if you go back over this page you can see the bigger picture)

 

As the SAR didn't inc an agreement I send a CCA request - to which the above was the answer.

 

J

[BRIGADIER2JCS]

Ok I see remember the rest now, how long is left for the CCA request please?

[jo5ephedward5]

I think Tuesday this week...and obviously SD have now said to allow an extra 7-10 working days for Westcot to comply.

[jo5ephedward5]

OK the 'extra' 7-10 days has now passed.

 

...any idea what to do next?

 

Should I write to Westcot and remind them that this has been requested? I note that when shop direct wrote to say they didn't have a copy of the agreement and that it was now Westcots responsibility, they still cashed the £1 cheque - I wouldn't be surprised if Westcot haven't looked into it and will use the statutory fee as an excuse!

[BRIGADIER2JCS]

Send the account in dispute letter from the CAG library.

[jo5ephedward5]

Will do Brigadier.

 

My original problem still stands – I have a CCJ on my account…obviously I’d like to have it set aside – is this something I can start proceedings on now, or would it be wise to wait for Westcot to respond to the ‘account in dispute’ letter?

[BRIGADIER2JCS]

Wait for the acknowledgment of the dispute letter, the we can consider a set aside.

[jo5ephedward5]

I sent the dispute letter last week and I’ve just received the letter below from Arrow Global telling me they are the new name of Westcot – I suspect this is another attempt to get me to call Westcot as the letter basically says nothing has changed what so ever!

 

Letter below:

 

Dear Mr E,

 

We are writing to let you know that the registered name of Westcot SPV Ltd (the owner of your account detailed below) Is changing to Arrow Global Accounts Management Limited (‘Arrow Global’).

 

While we are in the process of changing the company name, you may continue to see Westcot SPV Ltd on some documents that you receive from us.

 

What does this mean for you?

These changes will not affect the amount that you owe. Your account details are as follows:

 

Balance owed to: Arrow Global Accounts Management Limited

Balance Outstanding On 1st November 2012: £1429.26

Original Creditor: Littlewoods

Original Account Number: XXXXX

 

How we work

Arrow Global works with a number of agencies who manage customer accounts on our behalf. Wescot Credit Services is currently managing your account and you should continue to direct all queries, correspondence and payments to them quoting: XXXXX

 

Next steps

Our records indicated that you do not have a repayment plan in place. Please contact Westcot Credit Services as soon as possible to make repayment arrangements. It is critical that you take action now. Westcot Credit Services has the expertise to help you to review your situation, tell you what your options are, and tailor a payment plan that you can afford.

 

If you believe you have received this letter in error, or that the balance is incorrect. Please contact Westcot Credit Services as soon as possible.

 

Data protection:

 

Arrow Global will be the data controller of your personal data, as such terms are defined in the Data Protection Act 1998. Where appropriate. We will report your account to the Credit Reference Agencies and this may have an impact on your ability to obtain credit in the future. An up to date Fair Processing Notice is enclosed for your information.

 

Our aim is to help you clear your balance in a way that works for you and fits your current circumstances. Please contact Westcot Credit Services as soon as possible to agree a repayment plan.

 

Yours Sincerely

Arrow Global.

 

[BRIGADIER2JCS]

NONE of the above affects the CCJ . In which company name is it please.

[jo5ephedward5]

In the name of Westcot with Littlewoods as the original (aledged) debt