Wescot help!!

[keith777]

Ok 13 days ago i sent a letter to wescot asking for proof of signed agreement i still have not recieved anything from them what do i do now?

Your help is greatly appreciated.

Keith

[djweeble]

If you haven't already done so, stop paying them.

 

The (alledged) debt is now unenforceable until such time as they produce the agreement. After 30 days (I think) they have committed an offence, and even if they manage to produce the agreement, they cannot take any action without the courts permission.

 

Have a good read around the forum, lots of people are in the same boat as you with these waste of space ****, and by following their progress you'll have a much better idea of where to go next.

[NailPost]

13 working days (Mon-Fri) or 13 calendar days? Work it out from the date of receipt. You did send the letter recorded delivery and you have the chit and proof of delivery?

 

If they don't send the details within the time allowed by law they cannot proceed without a court order. To do that they must produce the documents required and persuade a judge they are legally entitled to chase you for the debt. If their failure to provide the documents continues for a calendar month beyond the 12 working days the deafult means a criminal offence has been committed and the likelihood of them going to court diminishes a great deal.

 

Until the time limits are up there isn't anything to do. Once time is up though report the company to the OFT. Don't expect them to do anything but an avalanche of complaints about the debt collecting industry may spur the paper pushers to do something.

[helper]

I sent Wescot a letter requesting copy of contract. [see my other post]

 

I received a reply today [9 working days]

 

The letter asked me to provide them with my date of birth and last 3 addresses.

 

Are they still obligated to provide me the copy of contract within 12 working days or has this letter they sent me ended the 12 days request?

They also sent me back the £1 postal order.

 

Are they obligated to send me the copy of the contract within 12 days as I have asked for it and not request further infromation from me?

 

I am slightly confused with the situation now

 

Thanks

[allykat]

helper

 

sounds like delay tactics to me, the original time still applies, do they ask you for your last 3 addresses when they hound you for money?

[davefirewalker]

definetely delaying tactics. write back stating that the address they used to issue their claim to, was good enough for them so its good enough for you. your DOB should be on the requested documents, ask them to check

 

they can do whatever they like with the money including set fire to it, the clock is still ticking (but I would send it back anyway)

 

write something like......

 

dear sirs

 

you have been in receipt of my request for information regarding my alleged debt since (date)

you have a statutory duty to supply the requested information within a specific timeframe.

 

I would suggest you read up on the Consumer Credit act 1974 especially sections 77 to 78 and 189

 

you have 12 working days to comply fully with my request after which the debt is unenforceable without a court order. After a further month you have commited an offence, and can be reported to the statutory bodies. your 12 days expired on (date) and your month expires on (date).

 

I would like you to know that as the proper documentation has not been produced you cannot action this alledged debt any further. Also if you have put any defaults against my name in relation to this debt, I require you to remove them IMMEDIATELY.

 

I await your response

 

etc

 

 

 

or a more formal template (borrowed)

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

 

either approach will do ...

 

rgds

 

Dave

[helper]

Thanks a lot for the replies

 

Just need to check before I reply back to them:

 

The alleged debt was from Hutchinson 3G - now on my other thread a forum member has advised that CCA doesn't apply to mobile phone operators - is this correct? and even if it was - how am I meant to know that Hutchinson 3G is a mobile phone operator?

 

Sorry to have 2 threads (I sort of hijacked this thread - apologies)

Original thread :

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81496-wescot-some-advice-please.html

 

I'm trying to get a letter back out to Wescot as soon as possible

 

Thanks

[helper]

bump

[helper]

Dear All

 

I am about to write and send a response back to Wescot today

 

Can someone clarify please that:

 

1. there would be no point me sending them the 'you are in breach of the CCA' letter because the debt concerns Hutchinson 3G and therefore a mobile contract.

 

2. I should instead send them a SAR with £10 postal order

 

3. re: breach of Data Protection Act - state they were in breach of DPA when they sent me a details of the account without first confirming the right recipient.

 

Many thanks