Help with unenforceability letter returned?

Maxwin

Can anybody advise me on the following:

I followed debt free wannabees advice ( Thanks for that) and sent a standard 1st SARS letter asking for a copy of my consumer credit agreement for a loan i took out in 2003 which i subsequently defaulted on as i lost my job. I have been paying a token payment of £1 a month for the past 6 years to Wescott who i presume bought the debt from direct line ( RBS).
Out of the blue three weeks ago i received a letter form a solicitor
( Spratt Endicott) saying they would take me to court for the debt and all outstanding interest ( even thought the interest was initially frozen).
Due to the fact that the loan was over 6 years ago i sent the SARS request to the solicitor and they have sent the letter back with the £1 postal order saying that this will need to be sent direct to the client ( RBS)? i.e. not their client?
can somebody please advise whether I should send the follow up SARS request back to the solicitor or just now leave it...
I don't really want to open up a dialogue with RBS as i presumed that they had sold the debt on.
Strangely enough, on the same day that the solicitors sent my original letter back, Wescott have sent me a letter saying that they are no longer managing the account and for me to stop making any further payments?
Also the reason I sent the SARS request was because the original loan agreement did not have a lenders signature on and was not dated.
Sorry about the length of the thread but i would really appreciate it if somebody could help me with this.
Thanks in advance.....
Maxwin

DarkConvict

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.

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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;

Whoever you send the CCA too, must pass it on to the owner of the debt. That is assuming you have sent it to the DCA. The CCA request must goto Wecott as they are handling your case.

To clear up a point a SAR, requests all data they hold and costs £10.
A CCA request costs £1, and just gets you the credit agreement.

If they froze interest they generally can reapply it again, its just them been !!!!!!s as they don't have to stop it.