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    • I hope you noticed that your posts have had to be restructured first of all my my site team colleague and then your second post by myself. Please can you present your posts properly spaced and punctuated. It's extreme difficult for people to follow when they are in solid blocks of text – especially when people using small screen such as telephones. Thank you. Please stand by for a fuller reply later
    • So far the declared value is confirmed and documemted the first Claim got agreed and they kept delaying saying the refund will show 5-7 days for BACS but that not true!   I VE been chaising this since 28th september, told on 2nd October I needed to send my bank details again as they seemed they got it wrong but not my fault yet they had it since 2nd October! Thats over 2 weeks! I   GET Money via bank bacs and from Europe and recently in 3 Days and in the UK its same day and instant!   They re messing me about and nothing else!   For contents its a Marshall  speaker small bleutooth one value 127.99   And 2nd parcel stollen last week and an empty bag delivered yesterday for Marshall Headphones vzlue 121.99 all sold via virifiable links and invoices and all fully covered tonits value, and payment all prooven as well as refunds.   The first claim was agreed but still no payment   2nd Claim had to file it yesterday and he re the empty bag!
    • Yes it will be straightforward – but you may as well give us better information so we can check that everything is in a row. What was in the parcels? When were they sent? Was the value correctly declared? I understand you had insurance.   Have you been formerly declined compensation? If so then what was the reason given?   Also, you need to spend some time reading up on the Hermes threads on this sub- forum so that you understand the way it goes. It is pretty well always the same. It's essential that you understand the steps and so it is essential that you do the reading. In addition to answering the questions above, please confirm that you have done the reading or the you will be doing it.
    • In order for an NTK to be compliant it has to comply with PoFA. If it is not compliant then the keeper cannot be held liable for the PCN.  I have included the wording from S8 though  s9 is identical in the part I have copied below. You will see that at the beginning  "The Notice  'must' " which in Law means the wording  is to be stictly observed (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; (c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f); (d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is— (i)specified in the notice to keeper, and (ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4)); (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i)to pay the unpaid parking charges; or (ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver; (f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given— (i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; (g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available; (h)identify the creditor and specify how and to whom payment or notification to the creditor may be made; (i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).   If you compare that with the NTK you weresent you will see that your one does not include  "   (if all the applicable conditions under this Schedule are met) " Your NTK also states that if you don't pay the £100 that you will be liable for debt collection charges up to £60. this contradicts section 4 of PoFA where it covers the right of the parking crooks to pursue motorists [5] (5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).   So their NTK is non compliant in two places.    In any event Ambreen is wrong to declare that if they cannot pursue the keeper than they can assume that the keeper was the driver. The court will not entertain that idea -VCS need to provide strict proof that the keeper is the driver. So despite Ambreen claiming that they can proceed against the keeper she is wrong. [17,18 and !9 of her WS]. They quote Parking Eye v Beavis   [22] which is irrelevant since that was a free car park and yours is a residential parking space covered by a lease which VCS cannot overturn.    
    • I can't remember if we mentioned that Door Matt was offered a job as UN envoy to help Africa to recover from Covid.   According to several people on Twitter, the UN seem to have read the joint select committee report on the UK's handling of the pandemic and withdrawn the job offer.
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backdoor wescots CCJ - littlewoods account - cropped up againt old address.


jo5ephedward5
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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.

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  • 3 weeks later...
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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

People who haven't made mistakes, haven't made anything!

 

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  • 4 weeks later...

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

People who haven't made mistakes, haven't made anything!

 

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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!

People who haven't made mistakes, haven't made anything!

 

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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.

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  • 1 month later...

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

People who haven't made mistakes, haven't made anything!

 

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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

People who haven't made mistakes, haven't made anything!

 

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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?

People who haven't made mistakes, haven't made anything!

 

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...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

People who haven't made mistakes, haven't made anything!

 

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  • 2 months later...

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

People who haven't made mistakes, haven't made anything!

 

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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?

People who haven't made mistakes, haven't made anything!

 

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  • 2 weeks later...

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.

People who haven't made mistakes, haven't made anything!

 

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  • 2 weeks later...

...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

People who haven't made mistakes, haven't made anything!

 

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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.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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

People who haven't made mistakes, haven't made anything!

 

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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.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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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.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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