Wescot help chasing old Mint [RBS] Credit Card Debt

[dx100uk]

the owner will be shown on your CRA file

 

dx

[Constantly troubled]

the owner will be shown on your CRA file

 

dx

 

Yes the owner is RBS but westcott are the ones writing to me and demanding payment

[fletch70]

Why would they write to you and ask for a signature?

 

Well if you send a digitally signed S78 request . That is what RBS do. There is no need for a signature , the law backs that up and once served the S78 request clock starts ticking. Until they comply they can not enforce by which time it should be SB

[dx100uk]

tough ignore wetcloths

they don't own the debt

and can do NOTHING to you.

 

they are NOT BAILIFFS

and have NO LEGAL POWERS.

 

dx

[Constantly troubled]

tough ignore wetcloths

they don't own the debt

and can do NOTHING to you.

 

they are NOT BAILIFFS

and have NO LEGAL POWERS.

 

dx

 

So, in essence, Wetcloths (I love that) have no legal standing if my credit file shows RBS as the owners? I don't want to do nothing between now and April and acquire a nice juicy CCJ. RBS are not pursuing me directly. Does this mean that Wetcloths have paid a fee to RBS or would RBS normally use such Charlatans for debt collection?

 

Confused.com!!

[fletch70]

What happens is that Wets get a payment for any money collected. Of course the last thing you need is a CCJ. The first step is to get that CCA request sent off to RBS. I took them over 3 months to reply to mine, then you may have something to stop them enforcing. From the day they receive your CCA request they can not enforce until they comply...just don't ignore any letters

 

Do you by any chance have the default notice they sent you or any other correspondence from way back when

[Constantly troubled]

What happens is that Wets get a payment for any money collected. Of course the last thing you need is a CCJ. The first step is to get that CCA request sent off to RBS. I took them over 3 months to reply to mine, then you may have something to stop them enforcing. From the day they receive your CCA request they can not enforce until they comply...just don't ignore any letters

 

Do you by any chance have the default notice they sent you or any other correspondence from way back when

 

Yes I have the default notice (I would need to check the file again but from memory, I got more than one).....

[fletch70]

Well that could be useful but before anyone worries about that , lets wait for the CCA request to come back.

[Constantly troubled]

Have just been to the post office to send the CCA request to RBS today but something is niggling me. Before I do send it, can I just have a general opinion on the following:

 

Wets are the ones chasing me for the debt 'on behalf of their client'. In this case, shouldn't they be the ones to contact RBS to get the relevant information they need to pursue for said debt? I don't want to poke the bear by contacting RBS if I don't need to but then I don't want to sit and ignore something if I shouldn't either?

 

What would other people do?

 

Thanks

[SWLABR9]

I'd send it.

[fletch70]

What the OFT say is that if the DCA is just collecting they should be open and fair, either tell you without delay who to send it to , or send it themselves. Seems to me they are just being a pain in the backside. However they did tell you to send it to RBS so you are doing the right thing.

 

Did you sign it or digitally sign it?

[Constantly troubled]

digitally signed it and got my partner to write a cheque so no signature of mine showing anywhere

[BRIGADIER2JCS]

Have just been to the post office to send the CCA request to RBS today but something is niggling me. Before I do send it, can I just have a general opinion on the following:

 

Wets are the ones chasing me for the debt 'on behalf of their client'. In this case, shouldn't they be the ones to contact RBS to get the relevant information they need to pursue for said debt? I don't want to poke the bear by contacting RBS if I don't need to but then I don't want to sit and ignore something if I shouldn't either?

 

What would other people do?

 

Thanks

 

Side line Wescot try to get them out of the circle.

[Constantly troubled]

Side line Wescot try to get them out of the circle.

 

How would I do that?

[ims21]

How would I do that?

 

As has been advised before....ignore Wescot, they can do nothing to you.

 

Send the CCA to RBS.

[Constantly troubled]

As has been advised before....ignore Wescot, they can do nothing to you.

 

Send the CCA to RBS.

 

But RBS are not pursuing me? Am I not lighting a beacon and waving it at them by even requesting this information? Surely if I'm just going to ignore Wescott, I would be better not even requesting the info? I imagine Westcott will come back to me again at some point between now and the SB date?

[ims21]

In an earlier post you said you "don't want to do nothing between now and the SB date" i.e. April next year.

 

So that presupposes you want to do something.

 

That something should be to send a CCA request to RBS.

 

Ignore Westcot - they can do nothing to you.

 

It is really up to you now.....do you want to do something or wait it out until April?

[ims21]

But RBS are not pursuing me?

 

Sorry...forgot this bit.

 

RBS are pursuing you....through and agent....Westcot.

[Constantly troubled]

Ok, I get what you're saying.

 

I guess part of me was wondering whether Westcott wouldn't do anything

because I was asking awkward questions

 

but RBS might push them if I gave them a nudge by requesting CCA.

 

Does that make sense?

 

I don't want to do nothing and end up the a CCJ through laziness.

 

It's far too close to the SB date for me to allow that to happen.

 

Will post the CCA request tomorrow and see what fruits that brings.

 

Thanks for all the replies

[fletch70]

RBS have their own debt collection arm anyway. The reason they farm it out is purely commercial. Even if you wescott had accepted your CCA request they would have had to pass it on to RBS as they do not have the documents you are requesting.

 

 

I understand that it is hard to follow the advice given when you are unfamiliar with what you are trying to achieve. I would say, trust the people on here that have done it before and learnt from there own mistakes. I am not saying I am an expert by any means but I sent 20 CCA requests in March last year and it has gotten a lot easier as time goes on. You only have a few months to keep them at arms length

Edited October 23, 2013 by fletch70

[Constantly troubled]

Thanks Fletch70, I do appreciate all the advice and time spent replying to me. Will update once I have anything back from RBS.

 

Thanks again

[fletch70]

Thats no problem. I do not profess to be an expert but can pass on my experience. Everyone has to deal with their debt in the best way that suits them and their circumstances. In many ways I am lucky in that I have no job or assets so nothing they can take off me however I do like to be secure in the legal process, after all I may get some money tomorrow and the last thing I would want is for those bar stewards to get it

[Constantly troubled]

Hi everyone

 

Have received a letter back from Mint today but they have returned it "as we require your signature before we can proceed. Please sign your request for information and return to the address shown on the right hand side of this letter"

 

What do I do now? Do I have to send them a signature? Why do they need one?

 

Thanks in advance

[fletch70]

You don't have to sign it and this is what RBS do all the time. It is just a stalling tactic.

 

You can if you wish sign it and use an anti tamper strip or sign it and put XXXXXXX through the signature or you can play hard ball.

I sent them this and they did comply

 

Dear Sirs

​Account No: XXXXXXXX*

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation before you will comply with my CCA Request.*

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature. If it is for Data Protection purposes then I can supply you with documentation to substantiate my identity to you. However, I note that to date you have been sending statements and correspondence containing sensitive information to my address. If you have doubts that you are corresponding with the wrong person, why has it taken you so long to raise this?*

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principle of Data Protection, listed in schedule 1 of the Data protection Act 1998:​

Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.​

There is no provision that removes the requirements of the Act to provide this information on time, even if you are unsure of my identity, therefore this account looks likely to become unenforceable until such time you actually respond to my lawful request for a copy of the agreement. I look forward to receiving the documentation requested, within the next 14 days.​

Yours faithfully,

​

Sign using a computer font

 

 

I actually have a complaint in as everytime I send a letter saying the account is in dispute I get the generic, we can not process your S78 request without a signature.

[BRIGADIER2JCS]

There is absolutely no reason not to sign a CCA request, it is not a requirement but the RBS group require it for their purposes it cannot do any harm to provide it.