Current CCA Rules (Wesctot)

fialko

Can anyone tell me what the current regulations are for regarding a CCA Request please. I sent a CCA request to Westcott in October last year, usuing a standard template letter asking fro the CCA, letter of assignment and statement fo the the alleged account. After several letters and a formal complain to their local trading standards regarding their practices they sent me a faxed copy of a credit agreement (about 4 months outside of the time permitted) They still have not provided an proof they can collect any debt i owe or statment of the account either.

Today i received a standard doorstep visit threat letter despite having already told them this constitues an appoinemt which i do not require (in my original CCA request)

In addition to all of this the actual debt with LLOyds TSB still has an outstanding case with The Financial Ombudsman so in in dispute as well, so i believe should never have been sent to debt collection anyway!

Where do i stand re them being4 months outside the time when they providied a copy of a credit agreement and is a faxed copy classed as the correct documentation

What do i do now, because i am fed up of fighting these people

(PS i am not trying to get out of a debt and an offer of 75% of the monthly payment was turend down by LLoyds TSB before they sent it tot Westcot (awaiting the determination of our case with the FSA)

Thanks

RAS

very confuseD.

What sort of account is this?

When was it taken out?

Do you understand that once the 12+2 deadline is passed the debt is unebforceable until, the correct paperwork is supplied?

Why do you think a faxed copy does not meet the requirements of the Act?

hullight

Reconstituted agreements are fine, there was some case a while back which was kind of a precedent.

Even if an agreement is unenforceable by the court, they will still look to be repaid their money.

As the account is with a DCA they will be much more likely to accept a full and final settlement on the debt, even if it's been assigned rather than purchased by Wescot.

fialko

Thanks for your reply.

It was a joint business loan taken out around 4 yrs ago.

I dont think the fax is not acceptable, but it it is completely illegible and they have there is no deed of assignment so nothing to prove they can collect this debt.

Also the account is in legal dispute at the moment so i was under the impression debt collection could not be enfored until a resolution to the dispute was found. As i have said i am not trying to gte out of paying what i owe and did offer to carry on paying 75% of monthly payments with LLoyds but they just went right to Westcot

RAS

Would the Consumer Credit Agreement cover a business loan?

If you want the proper paperwork do a SAR.

Lexxi

If it was a business loan was it taken out in the company name? Were you a guarantor?

DarkConvict

The clue is in the title, consumer credit agreement. Business loans are under another type of agreement so i doubt we have information on that law. Best bet is contact business debtline - http://www.bdl.org.uk/