Wescot cca

belcam

I wrote to Wescot for a cca agreement but they say I should have written to the original creditor. They talk about 'their client' so they are acting for the oc. I am advised elsewhere that it's up to Wescot to comply with my request, do I write to them again saying this or do I have to get in touch with the oc?

nottoolate

wescot have a duty to send the request on to their client if they have one. you request is still outstanding and they are just wasting time trying to bullshit you

Thank you for your letter

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such you entered into default on **DATE**.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in this, and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

No further attempt to avoid compliance with this request be tolerated.

The document that you are obliged to send me is a true copy of the executed agreement. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into default of said request.

This time limit has expired.

As you are no doubt aware sections 77/78 state:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter.

chanz4

they are not the creditor, so the letter needs to be sent to the company and an in dispute letter to the agency.

nottoolate

wescot frequently try this trick to dodge cca requests

example http://www.consumeractiongroup.co.uk/forum/showthread.php?278695-Wescot-dodging-CCA-request

as in post #7 there they are forced to deal with it if you stand your ground

belcam

Notoolate....many thanks for that advice.