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wescot - Natwest


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Hi,

 

I am getting confused with all the information I am reading. Please can someone explaine what I should do next if anything without making my brain hurt even more.

 

I sent a cca request to Wescot Credit services on the 16th October

I then received the following reply dated 11th December

 

Further to your recent correspondence regarding the above account.

Having contacted the Royal Bank Of Scotland, they have advised in line with the consumer credit act they are legally required to retain a copy of the agreement for a reasonable amount of time.

As this account is more than 6 years old a copy does not have to be provided in this instance.

We look forward to continued payments on this account.

So I now know that NatWest/ Royal bank of scotland (it was a NatWest credit card) still own the debt and Wescot are just collecting the payments, which I have still continued to pay.

 

Natwest have registerd a default against me on 09/11/04.

 

Am I still able to ask them to remove the default being as they no longer have my credit agreement at all. Should I still contiue to make my repayments through Payplan being as no agreement has been found as yet.

 

I know this question has been asked so many times before but I keep reading so much on this one subject and it is just confusing me:confused:

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Hi,

I think they missed the point or hoped you have, if they cannot produce a copy of the original agreement or the deed of assignment then this debt becomes unenforcable. They have 12 days (+2 postage) to comply with your CCA, 30 days after that they then commit an criminal offence and cannot enforce the debt without going in front of a Judge. They wont want to do that as they have committed a criminal offence and would have to explain why they did to the judge.

In light of the dates from you sending your letter and their response letter being almost eight weeks I personally would write to them and tell them as they have not complied and have committed a criminal offence by not complying all payments will now cease as this debt has become unenforcable. ;-)

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Hi H

 

Who's the creditor? Have Wescot been assigned this debt?

 

NW may legally be required to hold their records for 6 years, but that has no baring on their statutory duty to supply a copy of the agreement and on whether the debt is enforceable as a result of their failure. If they choose not to hold on to the agreement that's their tough luck.

 

They are in default and have committed an offence. Have a read of s127 in relation to their lack of an agreement.

 

In addition, I'm sure trading standards would be interested to hear about offence and the misinformation they are handing out.

 

As regards the default, I have had one removed by HSBC because they hadn't got a copy of an agreement.

 

Rosie :)

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Thanks for the quick reply.

 

NatWest still own the debt. I have been paying the debt to wescot via Payplan and Wescot have been sending the payments to Natwest.

 

So I can now go ahead and ask them to remove the default from the CRA and stop my payments. I have had a few bank charges on the account but that would not clear it all. Should I leave reclaiming the charges back for now if they are unable to provide a copy of the agreement.

Would it be worth offering 10% of the debt as settlement.

 

Thanks

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I have just read your post and the replies, and I think what people ar saying now is because they couldn't provide the information, the debt is now unenforceable meaning they cant collect the debt from you. If they do turn up with the agreement then obviously it will be up to you as to what action you then take. I personally would write to them and tell them that you are no longer willing to make the payments for the above reasons and should they wish to take legal action, see them in court. They have comitted an offence.

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I Thought thats what I said??? lol ;-)

Just as an after thought though I would consider sending a CCA to NatWest too, just in case. If they cannot produce a copy of the agreement as the DCA states then the whole thing would be put to bed.

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Thats great.

 

I had received the letter last month and didn't think about persuing anything further. Now had a change of mind:rolleyes:

 

I shall now bombard them with kind letters.

 

Thanks everyone..:)

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Your welcome Heavenly1, hope it all works out for you :-D

Friendship costs nothing but its rewards can be priceless. Do not judge, as you will not be judged but if you can, try and assist where possible.:smile:

everyone is entitled to MY opinion!:D

I offer my comments without prejudice or liability.

If you found my advice helpful, please click the scales at the top.

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Heavenly1

 

Read my threads about Wescot on other bailliffs forum threads , you will be able to claimall your money back because Westcot had no legal right to process your information they received from the Nat West, they may make you fight them a little but but use the "if you dont give it me back" I'll report you technique

 

Sparkie 1723

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  • 2 months later...

Now that I have stopped payments on this account since last month, the account has been passed from Wescot to Intrum Justitia who are now hounding me like crazy. Natwest quite clearly do not have the agreement I signed. How can I stop this completely and get rid of them.......

 

Just when I thought it was getting better they had to go and ruin my moment....

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Heavenly1,

 

Write a nice polite letter to Intrum Justica and tell them before they starting barking at people about accounts etc, tell them to get their own in order first, .....they are overdue in giving their accounts to Companies House. Seems as if people like this can "bend regulations to suit themselves .....might keep them quiet for a bit.

 

sprkie1723

 

Name & Registered Office:

INTRUM JUSTITIA LIMITED

WARWICK HOUSE

BIRMINGHAM ROAD

STRATFORD UPON AVON

WARWICKSHIRE CV37 0BP

Company No. 01918920

 

spacer.gifspacer.gifspacer.gifspacer.gifStatus: Active

Date of Incorporation: 04/06/1985

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

9305 - Other service activities

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2004 (FULL)

Next Accounts Due: 31/10/2006 OVERDUE

Last Return Made Up To: 12/07/2006

Next Return Due: 09/08/2007

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