Ony vs Westcot (Aktiv Kapital Dixons Store Group)

[PriorityOne]

It depends on whether you think the charges exceed the amount that they allege is still owing...

[PriorityOne]

PS; For some reason the letter wont upload. they write...

 

"we purchased your outstanding debt bbalance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy.

 

Complete bowlarks...

 

Howeever...we have tried to obtain a copy......and tehy ahve advised that it is not availabel.

 

What a shame for them... :grin: ... no payments then !

 

In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account, please find enclosed a p[ayment history. In addition please also find a copy of the deed of assignment.

 

A very poor attempt to pull the wool over your eyes... ignore it.

 

we are the legal owners of your account and liability is now to us in respect of repaying the outstanding balance that.....

 

They have bought a duff account... but without an Agreement, you have no liability to them whatsoever.

 

It is therefore in your best interest to agree an installment arrangement with us, or discuss terms of settlement |( we may give you a substantial discount.....

 

Yeah.... I bet they would !

 

Tom Smith"

 

Ok... file this one in the "ignore" pile for now, but do not lose it !! If they start harrassing you again for money, report them to their own local branch of Trading Standards and make a formal complaint at the same time; requesting a copy of their complaints procedure.... which they are obliged to send you.

 

All by rec.delivery....

[PriorityOne]

The chances of you getting a written acknowledgement that the account is unenforceable... and that they'll happily remove all defaults.... is highly unlikely. You can try, but it would be prudent to also include that you want a copy of their Complaints Procedure in with your letter somewhere.... so that they know that you'll take things further if they don't.

 

[PriorityOne]

Just a few changes.... and send by rec. delivery.

 

Dear xxxx

 

Your Ref xxxxx

 

I do not acknwledge any debt to your company.

 

Contrary to your letter of xx/xx/2008, I have indeed been in constant communication with yourselves regards this alleged account. Following your failure to comply with a legal request however; namely the request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974), received by yourselves on xx/xx/xx, I am not legally obliged to make any payments to your company, until/unless such documentation can be produced and re-enforced in court. Since I have already pointed this out to you in previous correspondence, I have no desire to keep on repeating myself.

 

As your letter of xx/xx/xx clearly refers to your failure to produce such documentation, any further communication from yourselves will be now be reported to Trading Standards, the Office of Fair Trading and any other authorities as I see fit without any further notice to yourselves. Please also take note that you most recent threat of legal action, will not only be vigorously defended on the gounds outlined above, but will be treated as both unlawful and vexatious.

 

I now request that you provide me with details of your Complaints Procedure, as required by law. Alternatively, a letter confirming that you have in fact made a genune mistake and your files are now closed will be acceptable.

 

I trust that this letter explains both my position and your own and look forward to your considered response in due course.

 

Yours xxxxxxx

[PriorityOne]

 

In response to your request for information, please note that we are not the original creditor nor did we provide you with the original credit faciltiy. we purchased the outstanding debt balance adn right to collect that balance, together with the right to apply interest in accordance with the original credit agreement (where appropriate). We did not purchase the actual agreement, consequently we have no obligation to provide a copy of that agreement or statements. What a load of bowlarks !!!

 

However, as a matter of good practice we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that it is not available. YAY !!!!!!! :D

 

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies. Ah.... such a shame

 

unless we hear from.............setting out any reason for disputing the account or reasons for non payment the matter will be passed back to our collections division for further action."

 

 

You may not hear from them again.... but file this one away as this is confirmation that there is no Agreement to enforce. Well done...