sarahpp v Ikano

[sarahpp]

Sent DPA off 12th October

 

Looking forward to getting these statements back, getting my money back and then reporting Ikano to the OFT for having no less than 4 DCAs sending threatening letters, all of who have backed off after CCAs/reminders about guidelines on conduct.

[sarahpp]

I have today received a letter from Westcot who claim to have bought the alleged debt from Ikano in January of this year.

 

I sent them a CCA letter dated 21st August requesting the signed agreement etc. They have, of course, not produced any of this documentation but, still wish to enforce the debt.

 

They are way over the 12 day + 1 month deadline and yet still think they have some right to payments and I quote "after having inspected the account I can se no reason why the account would be in dispute,so look forward to your proposed offer of payment." (!) and this from their so called "Compliance Co-ordinator"!

 

I have a letter ready to go:

 

I refer to your letter of 18th October 2006 which I received in reply to my original request for information held by you as specified in the Consumer Credit Act 1974. The original letter was dated 21st August.

 

To date you have yet to produce

 

An Original signed Agreement

 

An up to date statement of account which shows any charges added by your company

 

A deed of assignment for the alleged debt

 

As Compliance Co-ordinator you must therefore be well aware that the alleged debt is unenforceable. In addition, because you have exceeded the statutory deadline for producing this documentation by some way you have committed an offence and will this will be reported to the appropriate authorities. You now require court permission to pursue this alleged debt and I will vigorously defend any such action. You have had more than enough opportunity to produce the necessary documentation.

 

I require you to confirm, in writing, that you have no legal right to enforce this alleged debt and that you will remove any detrimental and defamatory entries which you have placed on my credit record.

 

You have 14 working days to comply before I instigate court action to compel you to do so.

 

 

Yours sincerely

 

 

 

[sarahpp]

I have written a complaint to Hull Trading standards about Westcot. Lets see if it gets anywhere....

[sarahpp]

Westcot have apparently now obtained the agreement from Ikano and sent it to me. I have signed it but, the space which is supposed to be signed by a representative of Ikano is blank. My understanding was that both lines had to be signed.

 

Anyway, the fact that Westcot have produced the agreement does not detract from the fact that they have committed a criminal offence by failing to do so before now.

[CrispDust]

and have they produced the deed of assignment?

As I am sure you are aware from other threads, Westcot are bullys. They bludgeon people with untruths and harrassment and persistance.

Just ignore them now until they try to enforce the debt.

Will be very difficult with the default against them.

It is tempting to actually goad them into legal action in order to counterclaim.

I "encouraged", in fact I actually suggested it several times. They rarely do.

[erdus]

I agree, stand up to Wescot and do not let them bully you into a corner. These people are wholly unprofessional and underhanded. They will not appear in court as they are frightened that the true nature of their illegal operations and tactics will be exposed in open court.