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Wescot, HFC, and me - help please!


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Having spent most of the afternoon reading the posts on trhis site i wonder if i might ask for your invaluablke help/advice :)

 

On the 22/4/07 i sent a cca to HFC Bank over a debt that they have defaulted me on with Experian. As yet all i have received is a replay from their 'Executive Complaints Dept' telling me they are looking into it. I already know that the debt has been reassigned cos I have been paying Wescot 50 quid a month. So my questions are:

 

As i have had no reply to my original letter, and certainly no sign of the original agreement let alone a copy, nor a deed of assignment, nor a true copy of the default notice, am i right in thinbking that they are now in default under the 12 day rule? and also now commiting an illegal act under the 30 day rule cos the debt is now unenforceable?

 

If the answer to these is yes do I then write to them disowning the debt and report them to TS?

 

Do I also write to Wescot? and if so send them copies of my correspondence with HFC? cos if HFC can't supply the info i requested i'm pretty sure Wescot won't be able to too.

 

And finally :) Do I stop all further payments and request any monies back that i have paid Wescot as it would appear they are enforcing a debt that doesn't exist under CCA?

 

Sorry to go on but i would really like to know exactly where to go form here and where i stand right at this moment.

 

Last but not least! - Thank you for such a wonderful and helpful forum!!!

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Having spent most of the afternoon reading the posts on trhis site i wonder if i might ask for your invaluablke help/advice :)

 

On the 22/4/07 i sent a cca to HFC Bank over a debt that they have defaulted me on with Experian. As yet all i have received is a replay from their 'Executive Complaints Dept' telling me they are looking into it. I already know that the debt has been reassigned cos I have been paying Wescot 50 quid a month. So my questions are:

 

As i have had no reply to my original letter, and certainly no sign of the original agreement let alone a copy, nor a deed of assignment, nor a true copy of the default notice, am i right in thinbking that they are now in default under the 12 day rule? and also now commiting an illegal act under the 30 day rule cos the debt is now unenforceable?

 

If the answer to these is yes do I then write to them disowning the debt and report them to TS?

 

Do I also write to Wescot? and if so send them copies of my correspondence with HFC? cos if HFC can't supply the info i requested i'm pretty sure Wescot won't be able to too.

 

And finally :) Do I stop all further payments and request any monies back that i have paid Wescot as it would appear they are enforcing a debt that doesn't exist under CCA?

 

Sorry to go on but i would really like to know exactly where to go form here and where i stand right at this moment.

 

Last but not least! - Thank you for such a wonderful and helpful forum!!!

 

If you sent your request on 22/04/07 (by rec del I hope!), then they default on this on 14/05/07 (12 calendar days plus 2 for posting). If tehy do not provide your agreement by this time, you are within your rights to with-hold payment until they do. They tehn have a further 30 calendar days to produce the agreement before they commit an offence.

 

If this happens, post back here then and we can take it stage by stage from there.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thanks tiglet for your reply. I made a msitake with my dates and actually sent the cca on the 22 March and although i forgot to rec del it they sent me a letter aknowledging the fact that they have recieved it so i guess that is the same :)

 

That being the case they are now in default and are commiting an offence as the are way past the 12 and 30 day deadlines - yes?

 

If so where do i go from here? bearing in mind that Wescot now have the debt and i am currently paying them a monthly sum?

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Withold payment, send them the letter telling them they ahve defaulted on the CCA 1974 and send a complaint to the OFT.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Withold payment, send them the letter telling them they ahve defaulted on the CCA 1974 and send a complaint to the OFT.

 

agreed

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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Letter sent today recorded and will be organising a complaint to the OFT. My payments are to Wescot who have admitted in previous correspondence that they are acting as clients for HFC so is it ok to stop payments to them as of now?

 

Just want to get everything straight..and thanks both of you

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