Diskmandave-vs-Wescot

[Curlyben]

Oh dear what a shame

[pt2537]

WOW what a great Credit agreement Dave, its full of no prescribed terms:)

 

i wonder if theyve been taking a leaf out of Barclaycards books with regards to how to Balls up a credit agreement

[diskmandave]

Letter going back by return!!

Attached: Copy letter 13/08/2007

Dear Sirs,

This letter is a complaint and should be dealt with under your formal complaints procedure.

I refer to your recent letter dated 11/12/2007 which was received on 14/12/2007 which is referenced as “S27/”.

I wrote to you on 13/08/2007, a copy of this letter is attached for your reference, requesting;

• A copy of original credit agreement.
  
• Total amount outstanding when you acquired the account.
  
• A listing of all monies paid to date.
  
• A listing of all credits and debits to the account to date.
  
• The current balance of the account.
  
• A copy of the original default notice.
  
• You should also be aware that the original terms and conditions relating to the account should have been sent also and as a matter of course when responding to a Section 78 Consumer Credit Act 1974 request for documentation.

All that you have provided is a copy of an original application form for a credit card and a balance of account. This in no way satisfies my request and therefore this account is now in dispute and I no longer acknowledge any debt to you.

Having taken legal advice I am aware that the copy of the original application form that you have sent me does not contain any of the prescribed terms set out by the Consumer Credit Act 1974 and is completely unenforceable and has been so since the date that you purchased this account from MBNA, and therefore, as ignorance of the law is seen as no excuse, you have been collecting upon an unenforceable credit agreement since 1998 and thus collecting payments by deception which is a serious criminal offence that could bring into question your fitness to hold a Consumer Credit Licence.

I am very sure that you are aware of Section 78(6) of the Consumer Credit Act 1974;

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

And that Section 189 of the Act states;

“Creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

My aims to resolve this dispute;

• Wescot Credit Services, without further delay, and in writing, disclaim any and all future interest in this matter.
  
• Wescot Credit Services, without further delay, refund all monies paid toward this unenforceable account and with compound interest of 8% from the date that the first payment was made under duress and threat of legal action.
  
• Wescot Credit Services, without further delay, admit that they should have been in receipt of an enforceable credit agreement from MBNA Bank when they purchased this account.
  
• Wescot Credit Services, without further delay, admit that they wrongfully purchased an unenforceable account without having sight of an enforceable regulated credit agreement having taken 3 months to provide a copy of an application form provided by MBNA Bank.
  
• Wescot Credit Services, without further delay, provide to me, the alleged debtor, a copy of the Deed of Assignment that should exist in relation to the sale of this alleged debt.

In closing, I might add that should you consider legal action in this matter, I am more than capable of defending such a claim and more so to making a counterclaim for the reasons set out above. Should a successful Counterclaim Judgment be entered you would be subject to additional costs.

I look forward to your co-operation and due diligence in this matter.

Yours faithfully,

X xxxx xxx xXXv xvx XVX x x x v

DMD.

[Goldlady]

I am amazed that MBNA managed to find anything. They must have had pneumatic drills in their cellars to dig that one up.

[diskmandave]

WOW what a great Credit agreement Dave, its full of no prescribed terms:)

 

i wonder if theyve been taking a leaf out of Barclaycards books with regards to how to Balls up a credit agreement

This is my biggest creditor!! £4500 at the outset!!! :D

[AndyOrch]

Nice response Dave see you havent lost your touch since your pink status

you wouldnt be the same!!!!! You really been paying these muppets for nine years on an unenforcable?

 

 

Regards

Andy

[Robdblynd]

Great letter Dave, I hope you wrote it on toilet paper cos someone's gonna need plenty when they open that one.

[diskmandave]

Nice response Dave see you havent lost your touch since your pink status

you wouldnt be the same!!!!! You really been paying these muppets for nine years on an unenforcable?

 

 

Regards

Andy

Andy, as you seem to be an authority, and you've obviously been following me... Can you suggest anything better..... ?

 

Best wishes, Dave.

[diskmandave]

It's nice to see Aktiv & P1 lurking!!

 

Any thoughts guys??! :D

[make them aktiv runners]

Not sure Dave, Give me a few more minutes to think.

[diskmandave]

Response... In the envelope...

 

Attached: Copy letter 13/08/2007

Dear Sirs,

 

This letter is a complaint and should be dealt with under your formal complaints procedure.

 

I refer to your recent letter dated 11/12/2007 which was received on 14/12/2007 which is referenced as “S27/”.

 

I wrote to you on 13/08/2007, a copy of this letter is attached for your reference, requesting;

• A copy of original credit agreement.
  
• Total amount outstanding when you acquired the account.
  
• A listing of all monies paid to date.
  
• A listing of all credits and debits to the account to date.
  
• The current balance of the account.
  
• A copy of the original default notice.
  
• You should also be aware that the original terms and conditions relating to the account should have been sent also and as a matter of course when responding to a Section 78 Consumer Credit Act 1974 request for documentation.

All that you have provided is a copy of an original application form for a credit card and a balance of account. This in no way satisfies my request and therefore this account is now in dispute and I no longer acknowledge any debt to you.

 

Having taken legal advice I am aware that the copy of the original application form that you have sent me does not contain any of the prescribed terms set out by the Consumer Credit Act 1974 and is completely unenforceable and has been so since the date that you purchased this account from MBNA, and therefore, as ignorance of the law is seen as no excuse, you have been collecting upon an unenforceable credit agreement since 1998 and thus collecting payments by deception which is a serious criminal offence that could bring into question your fitness to hold a Consumer Credit Licence.

 

 

 

I am very sure that you are aware of Section 78(6) of the Consumer Credit Act 1974;

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

And that Section 189 of the Act states;

 

“Creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

 

My aims to resolve this dispute;

• Wescot Credit Services, without further delay, and in writing, disclaim any and all future interest in this matter.
  
• Wescot Credit Services, without further delay, refund all monies paid toward this unenforceable account and with compound interest of 8% from the date that the first payment was made under duress and threat of legal action.
  
• Wescot Credit Services, without further delay, admit that they should have been in receipt of an enforceable credit agreement from MBNA Bank when they purchased this account.
  
• Wescot Credit Services, without further delay, admit that they wrongfully purchased an unenforceable account without having sight of an enforceable regulated credit agreement having taken 3 months to provide a copy of an application form provided by MBNA Bank.
  
• Wescot Credit Services, without further delay, provide to me, the alleged debtor, a copy of the Deed of Assignment that should exist in relation to the sale of this alleged debt.

In closing, I might add that should you consider legal action in this matter, I am more than capable of defending such a claim and more so to making a counterclaim for the reasons set out above. Should a successful Counterclaim Judgment be entered you would be subject to additional costs.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

 

 

X xxxx xxx xXXv xvx XVX x x x v

 

 

DMD.

 

Going 1st class Signed For in the morning...!

[make them aktiv runners]

Please do not hate me for this. Realised you have enveloped it while I was typing!

 

Dear Sirs,

 

This letter is a complaint and should be dealt with under your formal complaints procedure. Love this - saves on a lot of wasted postage

 

I refer to your recent letter dated 11/12/2007 which was received on 14/12/2007 which is referenced as “S27/”.

 

I wrote to you on 13/08/2007, a copy of this letter is attached for your reference, requesting;

• A copy of original credit agreement.
  
• Total amount outstanding when you acquired the account.
  
• A listing of all monies paid to date.
  
• A listing of all credits and debits to the account to date.
  
• The current balance of the account.
  
• A copy of the original default notice.
  
• You should also be aware that the original terms and conditions relating to the account should have been sent also and as a matter of course when responding to a Section 78 Consumer Credit Act 1974 request for documentation.

All that you have provided is a copy of an original application form for a credit card and a balance of account. This in no way satisfies my request and therefore this account is now in dispute and I no longer acknowledge any alleged debt to you. (take out “to you” – as the debt is not acknowledged to anyone now)

Having taken legal advice I am aware that the copy of the original application form that you have sent me does not contain; any of the prescribed terms set out by the Consumer Credit Act 1974, is completely unenforceable and has been so since the date that you claim to have purchased this account from MBNA, and therefore, as (delete , and therefore, as) I feel obliged to inform you that; ignorance of the law is seen as no excuse, you have been collecting upon (delete collecting upon) pressurising payments from me for an unenforceable credit agreement since 1998 and thus (delete and thus) .You will no doubt realise that you have been* collecting payments by deception which is a serious criminal offence that could bring into question your fitness to hold a Consumer Credit Licence.

 

* reason for this change is to avoid them coming back saying that they did not know it was uncollectible due to not “purchasing” the actual agreement.

(I am very sure that you are aware of Section 78(6) of the Consumer Credit Act 1974;

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

And that Section 189 of the Act states;

 

“Creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;) Not sure assignments are absolute so personally I would avoid giving them a get out response. Also from Moonhawks thread, Aktiv seem to claim they are not agents either.

 

My aims to resolve this dispute;

• Wescot Credit Services, without further delay, and in writing, disclaim any and all future interest in this matter.
  
• Wescot Credit Services, without further delay, refund all monies paid toward this unenforceable account and with compound interest of 8% from the date that the first payment was made under duress and threat of legal action.
  
• Wescot Credit Services, without further delay, admit that they should have been in receipt of an enforceable credit agreement from MBNA Bank when they purchased this account.
  
• Wescot Credit Services, without further delay, admit that they wrongfully purchased an unenforceable account without having sight of an enforceable regulated credit agreement having taken 3 months to provide a copy of an application form provided by MBNA Bank.
  
• Wescot Credit Services, without further delay, provide to me, the alleged debtor, a copy of the Deed of Assignment that should exist in relation to the sale of this alleged debt.

In closing, I might add that should you consider legal action in this matter, I am more than capable of defending such a claim and more so to (delete and more so) , including making a counterclaim for the reasons set out above. Should a successful Counterclaim Judgment be entered, you would be subject to additional costs.

 

I look forward to your co-operation and due diligence in this matter.

 

Yours faithfully,

 

 

X xxxx xxx xXXv xvx XVX x x x v

 

 

[diskmandave]

Yup!!

 

Enveloped and ready to go Aktiv...!

 

Thanks Much anyway... My version will be going 1st thing in the morning...!

 

Just let them dare take me to Court....!!

 

Best wishes, Dave.

[make them aktiv runners]

Ok Dave. Heaven help them if they do carry on. Did youput CAG sticker on?

[PriorityOne]

Got a similar scenario with one of mine, Dave....

 

It's worth going for a refund, but it'll be an uphill battle with no guarantees. Mine's been going on since the CCA default in January, but they are now in a very tight corner with the FOS because they have to issue a final, written response to my complaint... which they really, really don't want to do. The complaint only relates to stuff after April, 2007 by the way.... but there's enough there to get them hung nicely anyway.

 

Excellent letter Dave .... let's see what tosh they come back with now. Bet there'll be no court claim from them now though...

[PeteT]

Gotta subscribe to this one!!

[diskmandave]

Letter signed for today.

[diskmandave]

Another one where it's all gone quiet over there...!!

 

 

Maybe a little red rag for the bull...?

 

[Monty2007]

Its Iggle Piggle with his comfort blanket!

[patrickq1]

I no longer acknowledge any debt to you

glad aktive noticed that as i was going to point this out as well...that would have caused you probs dave.

patrickq1

[diskmandave]

Received today...

 

 

YAWN!

 

 

YAWN YAWN...!

[volvo]

Hi DMD

 

Hopefully, shouldnt be too long before you can send the balloons to yourself on thi one i hope

 

Best of Luck

 

VOLVO

[diskmandave]

It's taken them 6 weeks to shuffle that around their office bearing in mind my letter was signed for on the 19th of December!!

[volvo]

It takes time with Wescot, but in the end they returned a debt of approx £5K back to Barclaycard for me, so you get there in the end.

 

Best Wishes

 

VOLVO

[make them aktiv runners]

It's taken them 6 weeks to shuffle that around their office bearing in mind my letter was signed for on the 19th of December!!

 

Dave, you are slipping. I thought you would have a letter ready to remind them of their complaints procedure, it was signed for on 19 Dec (not 24 Jan) so their clock has nearly ticked out to the FOS already.