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UUN vs Royal Bank of Scotland***WON***


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If it helps write yourself a short script and keep to it.

Stay calm and let THEM do all the ranting and raving.

Remember to make sure you let them know you are recording the call.

They might say that you can't do that, but we all know different ;)

Be VERY careful whose advice you listen too

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  • 3 weeks later...

Well hello, the fun and games have started again.

Nothing from AIC, and nothing from Red Knight, but a lovely letter from Wescot

Here's how it goes.

Wescot Credit Services are a specialist Debt Collection organisation. We have been instructed by our client to collect the outstanding balance on their behalf

Normal blah blah blah and they have given me until 21st February to respond or they will send someone round or take me to court.

So am I right in thinking that I send the bemused letter about how they have been passed this account even though it is in dispute etc.....

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  • 3 weeks later...

Ok throw this at them.

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

Be VERY careful whose advice you listen too

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had reply to my letter, apologising as they were not aware of the unfortunate situation, and they now need to inestigate it, and out of courtesy they will stop all charges/interest etc, and will make contact to chase, but may at some point need to communicate with me to finalise the investigation

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  • 2 weeks later...
  • 1 month later...

As promised - just want to share wescot apology letter, please do not burst my bubble, as I am in the believe that this is a personal letter directly to me, and not just the normal garbage they send when then have didlyswot!!!!!!!!!

 

I refer to your letter dated 16 February 2008, which was refered to me for my reponse.

Thank you for bringing this matter to our attention. This account was passed onto wescot for collection by our and when we contacted you, we were acting in good faith on the information provided to us. The points you raise relate to our client and to issues which arose before the account was sent to us, and accordingly we do not have the relevant information to be able to resolve this for you.

In the circumstances, I confirm that our records have now been updated and the account has been closed and returned to our client. If you require any further information regarding this matter, you will need to contact our client direct.

May I assure you that Wescot has not registered any debt against your name and address in respect of this matter and your credit status, therefore, remains unchanged by our actions.

I hope this clarifies and concludes Wescot's involvement in this matter to your satisfaction and I apolgise for any inconvenience this may have caused you.

 

"Please add me to your list of defeated DCA's"

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