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DCA Woes Solicitor Letter from Wescot


minky93
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Hi! everyone

This is my second post and boy am I glad I found this community.

My woes started in 2001 when my husband declared himself bankrupt.

One of his creditors was Capital Bank Group (part of the Bank of Scotland)for a £6000 loan amount, declared on bankruptcy £9213.41 (amount they gave us) I remember that we could not find the agreement but all correspondence from them including letters asking for money came in my husbands name only so that is why it was included in the bankruptcy (we assumed it was only in my husbands name)

 

In 2002 I received a final notice from Bank Of Scotland through a solicitor ( saying that the loan was in both names) asking for £9340.90 threatening Court Action. I arranged to pay them £80 per month which I have faithfully kept up but never had a statement off them or anything to say what I still owe, I worked it out that the money Cap Bank/BOS had received from us is around £7152.36 So I decided to cancel the DD and wait to see what happened.

 

I had parted from my husband at the time of bankruptcy and stayed with his sister for a while during all the upheaval a lot of docs were lost or so we thought. The CCA (customers copy) has been found signed by ???? on behalf of Cap One Bank dated 17th December 1999 but there are no signatures from us not even a hint of one (carbon copy) plus the fact that we have 2 of same identical???.

I have been going through all the threads and I am wondering if I should ask for a copy of the cca using the standard format or will my unsigned copy of the cca stand up.

It is the proper cca with all the amounts ect and does say Please sign below for your personal loan This is a credit agreement regulated by the CCA 1974. Sign only if you wish to be legally bound by its terms and no signatures !!!!!

PS I forgot to mention that a letter has just been delivered to my sister in laws,addressed to me From a solicitor Re: Bank of Scotland plc We are instructed by Wescot Services Ltd on behalf of the above ect (debt £4712.90)threatening legal proceedings if no payment rec within 7 days.

 

Can some kind person please advise I have been worrying myself sick over it.

thank you!

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I don't think that Cap 1 can pursue you for this when it's already been included as part of hubby's bankruptcy proceedings...

 

Does anyone know for certain ?

 

It also looks as if it's been paid up anyway... and that they could have slapped on some charges in order to inflate the outstanding balance.

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I would agree with priority. You could send them a CCA request if you wish, or you could just send this letter.

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your name)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I don't think that Cap 1 can pursue you for this when it's already been included as part of hubby's bankruptcy proceedings...

 

[/php]
Does anyone know for certain ?

 

It also looks as if it's been paid up anyway... and that they could have slapped on some charges in order to inflate the outstanding balance.

 

PriorityOne

 

Thanks for the reply, when I receivend the first demand off them back in 2002, I took it to my husband who rang the Official Receiver that was dealing with his bankruptcy & she told him that because it was in joint names they had the right to ask me for payment of all the debt but it was never taken off my husbands bankruptcy.

 

I have just thought of something else WOW! the OR has just taken control of the house and are forcing sale & the proceeds of said sale are to be split between myself & the OR.This is why when I received the demand from Wescot it felt like another nail in my coffin.

 

Cap Bank was definately included so I am going to give OR dealing with the sale a ring cos I have been paying off the debt since 2002 @ £80 pm and I dont think it can be included in the bankruptcy if it is being paid off??

 

I will get back to you when I know something more.

 

Thank you so much at least a glimmer of hope in these sad times for us & the saddest thing of all when my hubby went bankrupt (due to unforseen circumstances) we both felt guilty that we had done wrong and accepted the punishment no question asked.

 

After the way CapBank (BOS) have treated me and subsequently finding this great site & reading others horror stories I say **** to them ....I will fight to the death lol

 

thanks again

 

minky

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[/php]

 

PriorityOne

 

Thanks for the reply, when I receivend the first demand off them back in 2002, I took it to my husband who rang the Official Receiver that was dealing with his bankruptcy & she told him that because it was in joint names they had the right to ask me for payment of all the debt but it was never taken off my husbands bankruptcy.

 

 

Surely this cannot be right ? :confused: Can anyone shed any light on this ?

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Seeing as no-one has shed any light on the bankruptcy side of things, I would send a CCA request to Westcott.... and enclose a para. in the above letter to the solicitors to point out that the account is now legally in dispute (CCA request). Send everything by rec. delivery...

 

An unsigned CCA won't stand up... so try not to worry.

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An unsigned CCA won't stand up... so try not to worry.

 

Thanks priority

I sent the cca request yesterday (thanks rory) and told them it is now in dispute ect.

 

Can I ask your opinion ?

 

We have the original Customer Copy of the CCA which has been signed by someone from CapBank but none of our signatures. What will happen If they turn up with the original CCA and it is signed!!

In other threads people mention cutting & pasting signatures onto documents!

Do you think it likely that the original could be signed and not the customer copy especially when their sig is so prominent?

I am distraught over this.. I have paid over £7000 and they say I still owe nearly £5000 for a £6000 debt!!!!! surely they can't get away with that? that is double the amount of the original loan.

 

I don't think I can handle anymore what with losing my home and now this!

 

Just saying that has brought another question if it is included in my husbands bankruptcy! they are selling our house to pay off the debtors so they will get a proportion of that as well?

 

I just don't know what to do or think anymore my head is spinning,

 

The OR can't be reached until next week..

 

thanks again

minky

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As you have a copy of the agreement minky could you possibly scan it in. Most agreements supplied by Cap One don't comply with The Consumer Credit Act 1974, so are unenforceable whether they have been signed or not.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi

 

I think I am getting confused is Capital Bank plc and Capital One the same?

 

I have read that many threads they are all becoming one now..

 

I have attached the agreement any advice or observations will be so appreciated..

 

thanks again guys

 

minky

Agreement.jpg

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Could you try attaching it again - it's too small to read.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Still too small - you need to make the file sizes bigger.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Any debts in joint names ARE NOT included in bankruptcy unless both paries go bankrupt. Something called Joint & Several liability applies where either party can be pursued for the full amount. So the party who doesn't go bankrupt can ( unfortunately ) legally be pursued.

 

Have only just come across the thread or would have responded earlier

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Hiya

 

First a letter from Wescot Re: Bank of Scotland who I sent a CCA to yesterday.

 

Now a letter from another DCA Equidebt asking for the same amount saying owed to HBOS???? You must pay this in full to Equidebt Limited by 8th June 2007.

 

Thanks for any help.

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taken from equidebt.co.uk website.. Hope they mean it...

 

We have a responsibility to those from whom we are collecting money to:-

  • have respect for them as individuals even though we may not agree with them or the choices they have made
  • do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods
  • handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

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Hi Minky... as it stands, the Agreement would be unenforceable as it has not been signed by you. It needs to be signed by both you and the original creditor.

 

If you have more than one DCA chasing for the same account, they need to be reported to the OFT and TS. They can't both have a CCA for you.... unless this is for a different account altogether. You have mentioned that it's with HBOS and not Cap1. Do you recall anything with HBOS ?

 

If they are talking about a different account.... then CCA them as well (rec. delivery).

 

:)

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If you have more than one DCA chasing for the same account, they need to be reported to the OFT and TS. They can't both have a CCA for you.... unless this is for a different account altogether. You have mentioned that it's with HBOS and not Cap1. it's Capital Bank not Cap1 my mistake Do you recall anything with HBOS ?

 

If they are talking about a different account.... then CCA them as well (rec. delivery).

 

:)

Thanks priority

 

Done some checking and HBOS is Bank of Scotland and it is the exact same debt, same amount just a different DCA.

 

 

 

DCA1.jpg

 

This is the first one from a solicitor

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DCA2.jpg

 

This is the Second one that I got yesterday also sent to my old address.

 

Any advice as to what is going on with two DCA after me for the same debt and what I should do about it will be gratefully received.

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Is this a one page document? (Big hint) they refer to the terms and conditions overleaf.

 

With regards to the other DCA chasing you, I would write to them telling them that the debt is currently legally in dispute with their client. As such any action to pursue this debt while it is in dispute will result in the DCA and Cap One being reported to Trading Standards and the OFT.

 

Cap One have probably not told this new DCA that the account is in dispute - unfortunately thats the kind of guys they are.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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DCA2.jpg

 

This is the Second one that I got yesterday also sent to my old address.

 

Any advice as to what is going on with two DCA after me for the same debt and what I should do about it will be gratefully received.

 

shouldn't these people be registered with the

Register of data controllers???

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