Do I CCA request Wescot?

sofababe

I sent CCA requests to my creditors on Monday as I have none of the original paperwork. On Tuesday the guy who usually collects for Scotcall shows up to find out why. Am I going bankrupt? No I say, I just want the paperwork. He says fine, he'll let them know.
Today I received from Scotcall a letter (dated Wednesday) stating that they have returned the debt to Wescot (on Thursday). This says to me that they have no idea about my CCA, so do I now send a request to Wescot? Scotcall have returned what appears to be the letter I sent (not a photocopy) and the postal order. Or do I sit tight and wait to hear from my friends at Wescot?
I do find it incredible that debts are sold on without any paperwork, naive aren't I?:rotfl:

mr.ton

Typical of how the debt industry works, they pass them round like pass the parcel.
Report them both to the OFT and trading standards.

DarkConvict

When you send a CCA request they have a legal responsibility to carry it out. If they are passing the debt to wescott I would send wescott the CCA reminder, tag in as they are now the responsible agent you still expect your CCA request to be carried out.

I find it odd if he asked are you going bankrupt because if you were it doesn't really matter to you.

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;

sofababe

The wording on the letter is "Please find enclosed paperwork relating to an account we are no longer dealing with. It was returned to our client on 02/09/2010. Please contact them at the address supplied quoting their reference number XXXXXXXX."

Thats it. Nothing else. No enclosed paperwork except the letter I sent requesting the CCA and the postal order.

Shouldn't they have passed on my request to "their client" ie Wescot?

I'm beginning to suspect that they don't know their a*se from their elbow.

DarkConvict

I'm beginning to suspect that they don't know their a*se from their elbow.

Most likely, and its not unusual for such a response after a CCA request as simply put, they can't be bothered to fight someone who knows their rights when they have so many clients that are clueless.