Wescot - Are they a little confused?

[PeteT]

Hi,

 

 

I CCA'd Wescot on February 8th in regards to an outstanding MBNA balance.

I got a standard letter on the 19th and I didn't pay much notice to it until today.

 

Today I received my SAR that I request from MBNA in early December.

In the comms log it clearly states "Balance sold to Wescot Credit Srves - Refer to 01482 590500. Sold {date} c/o bal at sale £xxxx". The amount is £57 more than what Wescott are attempting to collect.

 

I re-read the letter from Wescot and I was a little surprised:

 

"As I'm sure you will appreciate, Wescot was acting in good faith in this matter on information received from our client, who passed this account to us for collection purposes."

 

Hold up.... MBNA claim they sold the debt, they are saying they are collection agents for MBNA? So MBNA has the original CCA then.

 

"With reference to your request for Copy of Agreement and Statement of Account I can confirm these have been requested from the client and will be forwarded to you in due course."

 

Right! So they are your client and you are merely collecting for them.

 

"However, we are not obliged to supply you a copy of the deed of assignment"

 

So I have to take your word for it that you are MBNA's appointed collectors?

 

"With regards to the Data Subject Notice, Wescot purchased the account from MBNA on the {date which is 7 days after MBNA sold the debt} and we do not feel we are violating the Priciples of the Data Protection Act with reagrds to processing your data."

 

So you DO own the debt after all, in that case why are you contacting MBNA for the CCA, which I might add is criminally in dafault now.

I'm very tempted to offer them a very stupid amount ex gratia as a F&F.

 

What do you guys think??

 

 

Pete

[kennyparkroad]

very odd indeed

 

i would write another letter detailing the confusion, and asking them to clairfy who actually owns the debt, send a copy to both companies, and see what comes back.

 

anyone else any other ideas?

[PeteT]

I have the evidence from MBNA that they sold the debt, the fact that Wescott are withholding the deeds of assignment suggests they bought the account in bulk from MBNA, and in the letter they even said they bought the debt.

 

I think the "need to get the cca from the client" crap was a standard delaying tactic.

[kennyparkroad]

at the end of the day the deed of assignement is a small part, your more worried about the CCA,

 

as far as your concerened, they have 12 days from reciept of your request to supply you with the documents, if they dont, then they are in default and cant collect payments, a further calender month and they have committed a criminal offence,

 

so let the clock tick, its up to them, not up to you.

 

 

dont offer them anything in full and final, wait to see what they produce, or dont as the case may be.

[PeteT]

So you think it's better to leave it and let it go statue barred?

 

When does that happen? 6 years from last contact, from the time of default of the date it was assigned to the DCA?

[kennyparkroad]

statute barred happens from 6 years of the last payment or last acknowledgement of the debt.

 

but the fact remains they havent complied with your CCA request, which they are legally bound to do.