Wescot cannot supply signed agreement

rhhmunro

withabix wrote: »

Wow, you got a loan with no interest! :rolleyes:

On your logic, we would all just pay back the capital borrowed on mortgages. Neat idea.

Do...not...feed....the...troll....do....not....feed...the....troll

lochpark

Hi,

I have a similar problem... Westcot have posted a default notice on my experian credit report for an old ikea account from 1999 which they say didn't expire until 2004 although I moved address in 1999 (!)I am pretty sure I paid that account off before I moved as I had my mail forwarded for over a year and did not receive any corresponence regarding this?

I have had my credit limit on my credit card slashed by 2/3 today because of this are they acting legally?

Experian say only westcot can remove the default, I wrote to westcot refuting the alleged debt and suggesting that they have a case of mistaken identity and requesting the CCA with the £1 fee enclosed, they responded by linking my current address with the old address (not lived there since 1999) and posting the default notice and are now sending me weekly threatening solicitors letters but haven't responded to the CCA request which I sent recorded delivery!

Help please!!!

GeorgeUK

I would suggest reporting them to trading standards if they have not complied with the CCA request.

Also, if you have made no payments towards the account or acknowledged the debt in writing during those 6 years, then the debt will be statute barred.

If you hadn't paid off the account in full, do you know when the last contact you would have had would have been? From what i have read, a default should not be placed on a debt more than 6 months after the default date - so if you defaulted or stopped making payments in March 1999, the latest default date should have been September 2009. Not when they closed the account. This means that they are also in breach of the Data Protection Act as they are giving out and holding incorrect data about you.
http://forums.moneysavingexpert.com/showthread.html?p=18701003#post18701003

lochpark

Thanks George, that is really useful information and what I thought. I thought I had paid that account off and closed it down in 1999 when I moved home, so that would have been when the last payment was made and although my mail was forwarded to my new address for a year, I did not receive any further communication about the account or any demands for payment....

I spoke to them on the phone once when I got the first demand for payment stating that they had the wrong person , maybe it was someone who lived at that address after I moved, but they denied this and said that the account was not closed until 2004 and they have 7 years from this date to recover it???

I live in Scotland so maybe the law is different here? is there anyway I can find out what my rights are here, surely they do not have the right to post weekly defaults on my credit reports when they are not responding to the disputed account?

My credit report has been trashed because of them and I was turned down for a new credit card when I tried to "tart" I have never had any credit problems before ever...

Many thanks!

GeorgeUK

Yup, the law is different in Scotland.

A debt becomes statute barred after 5 years.

For the defaults and Data Protection Act, the legislation should be the same. If they can tell us what piece of legislation states that they can put a default on a file at the date that the account was closed rather than the date of the actual default, i would love to see that.

I would definately write a letter of complaint to both them and the Trading Standards office in their area.

lochpark

Thanks again George,

Will do, I take it that would be Hull as that's where their letters come from? any idea how to fix my experian credit report and get the default removed - experian state is stays on for 6 years even if the debt is subsequently paid and only westcot can remove it - this does not seem right somehow that they can do this to your credit status and you can't dispute it?

GeorgeUK

Write to Westcot making an official complain stating that the date of default is the date the agreement is broken, not the date the account is closed and request that they amend the data they issued to the Credit Reference Agencies. If they fail to do so, you will ahve no option but to report them to the Information Commissioners Office.

The ICO deal with breaches of the Data Protection Act and this is a breach. I would also state to the ICO that although you raised the matter with Experian, they just asked if the date was correct and stated there was nothing else they could do. The CRA is also in brach of the DPA as they are also a data controller, not just processing the information. Inform them that this has laready had a financial impact on you, being turned down for credit and may seek compensation.

For a short term thing - get Experian to put a note on your credit file to state that this debt is disputed and that the default date should be 1999 even if it was a valid debt.

lochpark

Hi George,

Thanks to your previous advice I received the following letter from Westcot a few days ago:

"Further to your recent correspondence regarding the above account and request for copy of the signed agreement , we have closed the account and no more correspondence will be sent to you regarding this matter. Trusting the above clarifies the situation, Yours faithfully....."

A result I thought, great! contacted Experian again who had posted that I was disputing the default entry ( again on your good advice) demanding they remove the entry immediately or be in breach of the data protection act also.... their reply was (unbelievably) this:

"Further to our recent correspondence, I have been contacted by Wescot SPV Limited regarding entry C2 on your credit report. They have confirmed that the details we hold are accurate and have requested that we retain the information on our database. However they have also stated that they can investigate this matter further for you once they are in receipt of proof of your date of birth and residency from 1996 to date. Unfortunately I am unable to amend this information without the authorisation of the company in question.
The 'Notice of Dispute' will remain on your report for 28 days. It will then be removed, unless I receive further notification from you:

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

If you have any further queries or wish to discuss this further, may I suggest you contact the company concerned."


Westcot despite being unable to provide a CCA and closing the account appear to be able to continue to trash my credit report and Experian appear to be powerless to do anything about it! is Experian's refusal to remove the entry legal and what can I do about it as they have closed the account as it was obviously bogus in the first place (i.e. from 1999!)

Thanks again!

GeorgeUK

Wescot instructed the CRA to put the entry on your credit report - if that entry was wrong then they are still in breach of the Data Protection Act.

What did you put in the letter to Wescot?
Was it just a basic CCA request?

Did you mention the fact that the dates of the default were wrong?

lochpark

Hi,

Thanks again, the original letter to Westcot was a CCA request copied and pasted from this website, sent recorded delivery with the £1 postal order. The 12 day period expired , no CCA was produced and then I received the letter stating they were closing the account and they returned the £1 postal order!

However, what I don't understand is how they have the right to put this on my credit report (without proof of any link between me and the alleged account and no CCA to produce) and the fact that the last payment into the account was 1999 (although Westcot tried to say the account wasn't closed until 2004)

I also fail to understand what legal rights Experian has to say they cannot remove these entries without Westcot's permission? I have told Experian they are in breach of the data protection act because of this and that the dates were wrong and they still won't remove the default entry as above... so they are obviously not concerned about being in breach of anything or the fact that this debt would be statute barred anyway... (obviously why wescot are not taking it further) but they still posted in April 2009 a default notice on my credit report from 1999 ! I fail to see how this can be legal and the consumer can do nothing about it....