Johnsonwhufc vs Wescot Credit Services Ltd

[Johnsonwhufc]

Right, apologies if this covers ground most of you have seen hundreds of times but I just want to clarify if I am proceeding on the right lines with this case.

 

My girlfriend got into trouble with HSBC some time ago over a managed account/loan/overdraft.

 

HSBC subsequently sold the debt to FV-1, some hooky little company set up by someone who works for HSBC on the same day that the debt was registered with them (hmmm!).

 

We tried to contact FV-1 to clarify it is them we should be dealing with but they did not return our voicemail.

 

Today, Wescot have sent a letter saying they have the debt and we have until 6 July to pay up (approx. £4k).

 

The girlfriend phoned them and questionned why FV-1 hadn't not been in touch, to be told by the bloke at Wescot that the code FV-1 meant it was because the debt was not in relation to a credit card - a likely story.

 

The bloke pushed for payment, to which my girlfriend replied that they should only deal with me and that she gave authority on the phone for them to do so (I was at work).

 

So, I am sending them a CCA request today by registered delivery to see if they can actually persue this debt.

 

Is this the correct step, alternatively should I be sending a S.A.R - (Subject Access Request)?

 

Also, would Wescot be regulated by the FSA? Meaning all calls should be recorded and a note given confirming this? This didn't happen when she phoned so I don't know if the call was recorded? Can I pull them up on this also?

 

Thanks for any assistance offered...

[Curlyben]

From what you've sadi you are on the right route already.

CCA Wescot and go from there.

Maybe worth a SAR to HSBC and see what charges have been added to this account and start the reclaim process.

[Johnsonwhufc]

Thanks Ben.

 

What happens if Wescot can't provided the relevant CCA material?

 

Is this the end of the matter or should I S.A.R - (Subject Access Request) HSBC for further details to kill it off completely?

 

Oh yeah, I have also asked for them to communicate entirely via post - can I add any extra wording to hold off the 6th July deadline?

[Curlyben]

If they don't comply with the CCA they cannot enforce the debt.

 

I'd still SAR HSBC and get back ALL the related charges, after all if you have to pay it's better to pay the correct amount rather than their inflated charges as well.

 

Ignore Wescot's "deadline" as it's meaningless and your CCA request puts the account into dispute.

While in dispute they cannot try and get payment for the account.

[rory32]

What happens if Wescot can't provided the relevant CCA material?

 

Then they're stuffed. The debt will be unenforceable.

 

By sending the CCA request you are placing the account in dispute. They can not lawfully pursue a disputed debt so they can kiss goodbye to their deadline for payment.

[Johnsonwhufc]

Thanks chaps, will be back for more help no doubt...