Assistance with Wescot

Barricade

Hi All,

Been a while since I last posted with issues regarding council tax. I'm glad to say that I've kept myself above water (mostly thanks to everyones contribution on here, which gives me endless hours of reading), and kept my debts to things that are payable immediately!

However, at the beginning of the year, I recieved a shock letter from Wescot Credit Services stating that I owe nearly £5000, and that I was to pay immediately. I have no knowledge of this debt, or of any past agreements with their client.

I initially played the ignore treatment (i know, bad idea), but then eventually decided to go down the CCA route, asking for the original agreement etc.

Today i recieved a response from them. It states:

"We are not the creditor for this account but instructed on behalf of the above client. In the circumstances, we are returning your £1.00 which was made payable to us, as this needs to be made payable to our client. You can either send the request directly, or via us.

In the meantime, you need to pay the account. We shall place the account on hold for 14 days to enable you to agree to a repayment arrangement, but if we do not hear from you, it will be returned to the collections team."

To be honest, i'm now stumped.
I've read a lot up on CCA's being returned with makeup agreements, and then having to go down the Signature Request or SAR route, and really expected this, but now I have no idea where to go.

My first impression was to write a further letter to state that since they are not the creditor, I will no longer deal with them, but dont know whether this would get me further into bother.

Any help is greatly appreciated.

Regards.

Barricade

Rainy_2

Hi there,

If you've no knowledge of this debt that they are claiming I'd start with a prove it letter:

15. Prove it Letter
You would send this letter to a lender/DCA that requests a debt you know nothing about.

Also the thread that this template comes from - http://forums.moneysavingexpert.com/showthread.html?t=2060575

Has a wealth of info on how to deal with such cases and CCA's.

Good luck!

DarkConvict

Start with prove it letter before a CCA request - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

However with regards to the CCA.

fermi wrote: »

If a DCA has bought the debt, then they are legally the creditor by law and must provide the CCA.

If they are just acting for the OC then the law says the must forward the request and payment on to the OC.

Either way, refusing the request and saying that you must contact the OC is bullsh*t. Plain and simple. Just tactics to try and avoid there responsibilities.

---

A DCA collecting a debt on behalf of a creditor is an "agent".

175. Duty of persons deemed to be agents.

175. Duty of persons deemed to be agents.
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

If the DCA claims to have been assigned the debt then.......

189. Definitions.
“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;

The DCA has to handle the request now they have recieved it, the remainder letter NID wrote does tell them this, to be sent 14 days after they recieved your CCA request - http://forums.moneysavingexpert.com/showthread.html?p=26867787#post26867787

Barricade

Thankyou for the replies thus far.
I shall get a prove it letter sent recorded today.

If they come back and still refuse, then I will take what you have given me DarkConvict, and put that in a letter to them, re-requesting the CCA, along with the cheque for £1.00.

Again, thank you both for your help so far, i shall update further when I have news!

DarkConvict

You don't need to resend the £1.00 Since you have originally sent the CCA request they are lawfully obliged to do it, for upto £1.00. They have chosen to return the £1, returning the money does not get them out of their liability to get the CCA.

fermi

DarkConvict wrote: »

You don't need to resend the £1.00 Since you have originally sent the CCA request they are lawfully obliged to do it, for upto £1.00. They have chosen to return the £1, returning the money does not get them out of their liability to get the CCA.

Exactly.