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

[BRIGADIER2JCS]

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

 

So now that Wescot is part of AG they are really saying there is no need to substitute the claimant I guess.

[jo5ephedward5]

Nothing much to report, received the standard letter form Westcot stating they have now got my letter of complaint and will be in touch in due course - there's a standard leaflet titled "compliance not complaints" which tells me how they will deal with it...the leaflet even says they will sent me this very leaflet lol.

 

Will update when know more.

 

J

[jo5ephedward5]

Update:

 

As per their first acknowledgment letter Westcot have not been able to provide ,e with a final response but today they have written to say they are still investigating, it's signed by a human which is something I guess.

 

Do we know what the maximum time is to provide a conclusion?

 

J

[BRIGADIER2JCS]

March was it not the letter was sent, if so 1st week June is ample time for a reply.

[jo5ephedward5]

When I'd exhausted ShopDirects complaints they forwarded my last request for proof of the debt to Westcot in March. Westcot never acknowledged this so I wrote to them direct at the end of April, they acknowledged it at the start of May and today have confirmed they still don't have the answer - their letter today is just stating they still have no answers...I believe the leaflet they sent me originally said they will respond in 4 weeks unless its not possible to which it will be within 8 weeks which puts us in mid June.

 

I'd be very surprised if this account is legitimate and if they have any paperwork for it!

[BRIGADIER2JCS]

My suggestion is to write to Wescot and tell them as they have failed to comply and the time elapsed is such that you now consider the matter closed and if you have to write to them again a charge of £12 for each letter will be payable.

[jo5ephedward5]

So as expected Westcot missed their own 8 week deadline to respond which would have been 2 weeks ago – I have them sent them an official complaint disputing the debt, stating that they are in breach of the CCA, as well and failing to comply with their own complaints criteria – I have told them that I expect them to apply to remove the CCJ and provide me with regular updates of its progress and I stated that I expected them to make me an offer of compensation for the miss-placed CCJ and all the problems its caused me.

 

I gave them a generous 14 days to respond, this gives them 3 more days from the day it was signed for at their end - I don’t expect them to comply with this.

 

So in the assumption that they don’t what are my next moves – I guess I need to apply to have the CCJ set-aside, then once awarded take Westcot through the small claims court for compensation and costs?

 

Who else do I make aware of their shortfalls, financial ombudsman? Trading standards? I’d like to write to anyone who will listen really!

 

J

[jo5ephedward5]

Well no surprise that Westcot have gone all silent on me.

 

I suppose my next move is to start the ball rolling to have this set aside...

 

...is it worth complaint to 'anyone' else?

 

J

[jo5ephedward5]

Well this is interesting – I think I prematurely said that Westcot hadn’t responded because tonight low-and-behold they have.

 

In summary; they returned my £1 that was sent months ago and deny all wrongdoing on their part, they state the CCJ is valid but they also allude to having zero evidence of such, they also state that now this debt belongs to Arrow Global and suggest that my account is on hold for 60 days [not sure how they can hold it if its no longer theirs] – they suggest I apply for it to be set aside and end by saying there is no agreement hence the return of my £1.

 

Their whole letter has been uploaded below:

 

[ATTACH=CONFIG]45522[/ATTACH]

[ATTACH=CONFIG]45519[/ATTACH]

 

Is applying to have it set aside straightforward?

[jo5ephedward5]

...well those images failed miserably - use this link to download them.

 

Page 1 https://dl.dropboxusercontent.com/u/3100387/Westcot/Westcot%201.jpg

Page 2 https://dl.dropboxusercontent.com/u/3100387/Westcot/Westcot%202.jpg

 

J

[jo5ephedward5]

Right it think its time to bring this back to life as I’ve pretty much hit a brick wall with Shop Direct and Westcot.

 

To summarise the last year:

 

• A CCJ appeared on my call credit file late in 2011 and was filed by Westcot at an old address

• Loads of chasing later I pinned it down to an alleged Littlewoods catalogue

• SAR to Shop direct [who owned Littlewoods]

• SAR was very incomplete, showed almost no information

• after some various letters we established that the last payment was in March 2006 and the CCJ was Oct 2011 so 5.5years between payments

• Westcot say the CCJ is valid and that they’ve now sold it to Arrow.

 

So here we are, Shop Direct said they have no more information, Wescot shrug it off and say Arrow now own it [the only letter I’ve had from Arrow is listed in post #48 but it doesn’t tell me anything] – the CCJ is registered in Wescots name.

 

I don’t think this account was ever really mine as I’ve racked my brains and been over all my old paper work and the only catalogue I’ve ever had was an Argos account which was paid off and closed – I’ve got a recent letter from Westcot stating they bought the debt in 2005, and a letter from Shop Direct referring to it as a ‘Very’ account [odd as Very didn’t exist back then] that says they didn’t sell the account until 2007 [they claim the last payment was made in 2006]. – irrespective of who the debt belongs too [me or another person], if Shop Direct are correct, the debt wasn’t statute barred as it was 5.5yrs between payments and CCJ; if Westcot are correct then it was Statute barred for sure as I’m positive that I never paid Westcot and there was 6.5yrs between them acquiring the alleged debt and the CCJ.

 

I’m concerned that there’s a lot of conflicting information, no evidence to suggest that I ever actually owned this account [no agreement, missing information and statements etc]. I’m also aware that a lot of time has passed since this CCJ which could cause problems when applying to have it set aside - it was a year before I found out about it and it’s taken a year to get this far.

 

I think there is 2 routes to this: 1 apply for it to be set aside now and hope for the best, or 2 [which I’m very tempted by] issue a SAR to Westcot as if they say they owned the debt from 2005 and I know I’ve never paid them a penny the debt was Statue Barred irrespective of what the Shop Direct SAR returned – a SAR would allow me to see any payments they claim to have received – is Statute Barred is an absolute defence for setting aside a CCJ?

 

I’d just be more comfortable having the absolute maximum information to hand should I have to go to court for this.

 

J

[BRIGADIER2JCS]

So CCJ awarded without your knowledge, no claim pack received?

[jo5ephedward5]

Nope - CCJ awarded in Oct 11 and I moved out in Sept 11 - no communication from Shop Direct or Westcot prior to this and nothing forwarded by ex-landlord who sent me other things.

 

J

[jo5ephedward5]

Well I've popped a SAR to Westcot in the post today as they did state in their last correspondence that they had the correct information for a CCJ and the address it was served at was the last known – the letter [see post #60] - I'd be interested to see what they have that makes them so sure. They also suggest in that letter that as I never received it I should I apply for it to be set aside and when they receive the paperwork they will ask their client Arrow for a final decision on the matter.

 

My thoughts are get the SAR results, then immediately apply for the judgment to be set aside and see what happens unless anyone thinks I should just go in for asset aside without waiting 40 days?

[jo5ephedward5]

So I sent a SAR to Westcot 14 days ago and had the following response today – and it stinks [see below]. The are basically saying they don’t have to give me anything, they’ve said it all lies with Arrow Global as Arrow are both the Client and Data Controller, however this CCJ was placed by Westcot and is still in their name – can someone please advise of my next move cause I’m sick of them stamping CCJ on my Call Credit file and yet claiming they aren’t processing the data. If Westcot are not teh data controllers and they are not the 'client' then why the hell are they processing a CCJ every month!

 

 

Letter:

 

 

I refer to your letter dated 17th October 2013, regarded a Subject Access Request.

 

Westcot Credit Services administer your data on behalf of our client, Arrow Global, and therefore we are data processor. This means we deal with your data within the expected administration of the account only. However our client is the data controller and the overall responsibility for your data remains with them.

 

All SARs are the responsibility of the data controllers therefore your request has been forwarded to Arrow Global who will contact you in due course.

 

To supply the data there is an administration fee of £10.00. I have forwarded your cheque to our client; however they may request it to be amended and returned to them. Once the payment is received by our client, they have 40 days to respond to your request.

 

Should you have any questions relating o the subject access request, you will need to contact our client directly, and they can be reached on 0800 130 0169.

 

Please note that this account remains placed with Westcot, therefore any applicable payment arrangements need to be adhered to whilst this request is being processed or alternatively for all other issues please contact us directly.

 

Yours truly,

Ben Sherwood.

[jo5ephedward5]

...got a letter from Arrow today saying that they've been passed my SAR request from Westcot and I need to remake out the cheque to them as they are now data controllers for this account - I'm slightly perplexed because data controllers or otherwise, Westcot have placed the CCJ againts me not Arrow and I send a SAR to Westcot to see what information they held on me - I appreciate that it seems Arrow are also in on this but thats not what I've asked for...anyone else agree that Westcot should honour my SAR and tell me what they have on me...afterall they mush have something inc. copies of recent correspondence!

 

J

[BRIGADIER2JCS]

I wonder what you will actually get back from a SAR to a debt purchaser / DCA, as debt is sold with the minimum of information.

 

More data would have been available from the original creditor.

 

Wescot it seems are assigned to manage/collect the account by AG that means they will be updating the credit reference files.

[jo5ephedward5]

I appreciate that but if Westcot have revived a SAR and have just claimed it's nothing to do with them when evidently it is (or has been) seems like a cop out.

 

It's like me putting a CCJ on someone and then saying actually you to ask someone else to for our paperwork...

 

...so in your opinion Brig should I just apply for it to be set-a-side?

 

If is what are my reasons - it's not my debt, it was potentially Statute Barred according to a letter from Westcot claiming they bought it in 2005 and they served it to an old address without prior communication?

 

J

[BRIGADIER2JCS]

Accounts can be sold or assigned to a 3rd party to collect when a CCJ is in place.

 

If the was awarded before the debt became statute barred (even if it was just a day before SB the CCJ takes precedence ).

 

I would suggest a CCA request to Wescot as there is no obligation to provide one with a SAR.

[jo5ephedward5]

They have said they have no CCA following a previous request, nor does the OC.

 

J

[BRIGADIER2JCS]

They have said they have no CCA following a previous request, nor does the OC.

 

J

 

Ok the CCJ cancels the agreement completely anyway!

 

I think you would have some difficulty getting this set aside after so long, the only way would be to conclusively prove that the debt was SB prior to the CCJ.