Wescot's Refusal To Co-Operate

[iwgunter]

25-10-06

Sent Wescot the standard default removal letter asking for a copy of the original agreement, copy of the default notice and deed of assignment.

 

27-10-06

Letter received from Wescot stating:

I refer to your letter dated 25 October 2006

 

I note your request for copy of agreements and statement of accounts, however, the supply of these items only applies to on-going accounts.

 

With reference to the above accounts, ******** was acknowledged as being fully paiud and payment received on 27 May 2003, account number ******** is also fully paid and payment received on 17 May 2006. Therefore, the credit file records are correct, as they show that the accounts defaulted but were subsequently satisfied.

 

Yours Sincerely

 

J Munro

 

27-10-06

Sent Wescot letter saying they didn't answer my three questions in the original letter

 

27-11-06

Sent Wescot letter saying that they haven't replied to me and under Sec 78 of the CCA they are in breech and I will be informing the Banking Ombudsman, OFT and ICO.

 

Where can I go now? I'd like to look at the statements too, to see if I have been over charged.

 

 

Regards

Ian

[Bailiffchaser]

write to wescot another couple of times and then goto to ico. that way you would have done half of the ico work for them. have a look at my thread and also look at the link on that thread as you will get a idea of the letter that you will reciev from the ico.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/54273-lodhi-finance-ltd-gillingham.html?highlight=LODHI+FINANCE+OF+GILLINGHAM

[NailPost]

If you sent them the standard CCA request they have 12 days to comply by producing the documents requested. If they have not they are well in default of the 12 day limit and the calendar month so they should be reported to the OFT.

 

If they refuse to comply with other requests which fall into the Info Commissioner's remit then they should be reported to that office now. They shouldn't be given chance after chance to comply when everyone knows they won't. That's just wasting time.

[Bailiffchaser]

If you report them now you will dragged down. write to them another couple of times. then report them. this way is the fastest.

[stan5131]

I agree with Nailpost. THEY ARE REQUIRED BY LAW TO RESPOND WITHIN 12 DAYS. If they do not reply, they are in breach of the Credit Consumer Act. If a further 30 days pass and they have STILL not replied, then they have committed a criminal offence. You should report them to the Commissions Offfice and OFT immediately. Did you send them £1 and did you send letters by recorded?

[MARTIN3030]

I agree with Nailpost. THEY ARE REQUIRED BY LAW TO RESPOND WITHIN 12 DAYS. If they do not reply, they are in breach of the Credit Consumer Act. If a further 30 days pass and they have STILL not replied, then they have committed a criminal offence. You should report them to the Commissions Offfice and OFT immediately. Did you send them £1 and did you send letters by recorded?

 

Its actually 1 calendar month so could be 31 days.If the last day falls on a Sunday or bank holiday then its an extra day.

Breaches of the Consumer credit act fall within the remit of trading standards intervention.

If the dca is outside your area then your local TS office can request the local office to the DCA to prosecute if a home agreement is in place.

[NailPost]

Trading Standards are the relevant body to make a complaint but the OFT is the body responsible for issuing credit licences. In making a report/complaint to OFT you are questioning the debt collector's fitness to hold this licence. If enough complaints are received then the OFT may be forced to act. For the same reason I suggested everyone with a complaint about a debt collector should write to their MP and insist he/she writes to the OFT for a detailed response. The more pressure, the more likely there will be of a response.

[poochball]

Hi,

 

The key to Wescot is persistance. I always used this address:

 

 

Process and Compliance Coordinator

Wescot Credit Services Ltd

PO Box 137

Dunedin House

45 Percy Street

Hull

HU2 8HF

 

It worked for me. I had a CCJ removed and my Debt written off. All in all it took four months of letters.

[iwgunter]

Received another letter from Wescot saying that they won't supply information on closed accounts.

 

Can anyone tell me where it explicitly states that they have to?

 

Ta

Ian

[stan5131]

LETTER BEFORE ACTION

 

Dear Sir/Madam

 

REFERENCE NUMBER: xxxxxxxxxxxxxxxxxxx

 

We write to you regarding the telephone conversation with your department today, we have been informed by your department that the original signed agreement “which was requested as part of our original Data Protection Act request on 19/04/06 ” is missing!

We have given you time enough to supply the original signed agreement and you now have exceeded the 30 days you are allowed and by not supplying the document you are committing a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974

You are reminded that you were obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

We give you seven days from the date of this letter to comply, otherwise we will be forced to take legal action

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that we consider this matter to be “in dispute”.

The time for compliance with our request has now expired. If you do not comply fully with my Subject Access Request within 7 days of this letter, We shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

No other correspondence will be entered in to.

 

 

Yours faithfully,

 

 

 

This was taken from another thread but gives you an idea.

[iwgunter]

How does this letter sound?

Dear Sirs

 

I have just had an interesting conversation with an employee of Wescot SPV Limited, who would not give me her name. It was at 10.22am on Friday 23rd February 2007 and lasted for approximately 20 minutes.

 

I have written to your company on 25th October 2006, 27th October 2006 and 27th November 2006 requesting you supply me with the following information:

 

1. A copy of the original agreement.

2. A copy of the default notice.

3. A copy of deed of assignment.

 

Each response I have received from your company states:

 

“I note your request for copy of agreements and statement of accounts, however, the supply of these items only applies to on-going accounts.”

 

This, I am sure you are aware, is not correct. You are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. You have now had 121 days to supply me with this information, which you have failed to do, therefore you are committing a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

The time for compliance with my request has now far expired. If you do not comply fully with my Subject Access Request within 7 days of this letter, I shall apply to the County Court for an order to enforce compliance, together with damages and costs.

 

I have also forwarded a copy of this letter to the Office of Fair Trading and also to my local Trading Standards office and your Trading Standards office.

 

Regards

 

Also, is there anyway I can show to Wescot in this letter that I have forwarded it to the OFT and TS offices?

 

Ta

Ian

[stan5131]

Sounds good to me.

 

You could just put on the bottom of the letter CC: Trading standards, Office Fair Trading.

[Smoothy]

How does this letter sound?

Dear Sirs

 

I have just had an interesting conversation with an employee of Wescot SPV Limited, who would not give me her name. It was at 10.22am on Friday 23rd February 2007 and lasted for approximately 20 minutes.

 

I have written to your company on 25th October 2006, 27th October 2006 and 27th November 2006 requesting you supply me with the following information:

 

1. A copy of the original agreement.

2. A copy of the default notice.

3. A copy of deed of assignment.

 

Each response I have received from your company states:

 

“I note your request for copy of agreements and statement of accounts, however, the supply of these items only applies to on-going accounts.”

 

This, I am sure you are aware, is not correct. You are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. You have now had 121 days to supply me with this information, which you have failed to do, therefore you are committing a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

The time for compliance with my request has now far expired. If you do not comply fully with my Subject Access Request within 7 days of this letter, I shall apply to the County Court for an order to enforce compliance, together with damages and costs.

 

I have also forwarded a copy of this letter to the Office of Fair Trading and also to my local Trading Standards office and your Trading Standards office.

 

Regards

 

Also, is there anyway I can show to Wescot in this letter that I have forwarded it to the OFT and TS offices?

 

Ta

Ian

 

Just a quick question....Did you apply for a CCA request or SAR?

CCA is £1 and SAR £10 but both have different statutory response times!

Im only asking as you havnt mentioned a SAR elswhere in this thread nor if you paid the fee!

[Singth]

Excuse me if I am a bit thick on this but I have received a copy of my credit report and it says I am in default with Wescot SPV for £237. I have no idea what this is for, it was dated 29/5/2002, and no idea how to contact them to settle this default.

 

Can someone help me please?