Link or Wescot??

3011gillian

Can someone clarify what is going on here.

We have been paying a Wescot via our dmp for about 2yrs.
We have sent a CCA request in Jan to which they responded very quickly saying they are ‘acting on behalf of Link’ and that we need to submit our request to them...we did that and have yet to hear even an acknowledgment from them as yet.

We’ve since gone self managed and managed to do final settlement on two accounts (Yey!)
Today we received a letter from Wescot saying they haven’t received payment through stepchange and to contact them.
I’ve drafted a response basically saying ‘we’ve told you we’re self managing, we’ve got a CCA request in with Link and therefore it is currently unenforceable, and we’ll be in touch if we hear from them’

Is that right? Can Wescot still chase us for payment if we have a CCA in with Link?! Is it even right that they are managing the account on behalf of Link but can’t deal with the CCA request directly?!
Any advise would be great.

fatbelly

That's all OK

It's also OK to ignore Wescot for the moment.

3011gillian

fatbelly wrote: »

That's all OK

It's also OK to ignore Wescot for the moment.

Thank you. Yes I’m in two minds wether to send it or just leave it but I don’t really want to start getting letters chasing payment so might just send it so they understand what’s going on.

It does seem very odd to be dealing with payment to them but they don’t have any of the debt details?!? Presumably the CCA request goes from Wescot to Link them if they can’t find info back to Barclaycard who the original debt was with. Who would a final settlement offer go to then? Wescot or Link?

sourcrates

Original paperwork always stays with the original creditor, no matter who’s managing the debt or how many times it’s sold.

This is the quirky way debts are bought and sold, and why you should always challenge any company who says you owe them money.

How_much

I sent a CCA request to link last October for 2 accounts, they have never acknowledged or replied to the requests although they did sign to accept the letters so I know they were delivered. Have carried on paying via stepchange, but I may stop soon to see if it prompts a reply.

fatbelly

How_much wrote: »

I sent a CCA request to link last October for 2 accounts, they have never acknowledged or replied to the requests although they did sign to accept the letters so I know they were delivered. Have carried on paying via stepchange, but I may stop soon to see if it prompts a reply.

I think you should (stop paying) - if they then get in touch you can remind them of the requirement to comply.

If they don't, then you wave them goodbye.

Having said that it may be difficult to get stepchange to drop them from the plan. See if you can

Suseka97

How_much wrote: »

I sent a CCA request to link last October for 2 accounts, they have never acknowledged or replied to the requests although they did sign to accept the letters so I know they were delivered. Have carried on paying via stepchange, but I may stop soon to see if it prompts a reply.

As fatbelly has suggested - you really do need to stop paying them until you receive compliant paperwork. SC are unlikely to agree to that - so you may have to go self-managed. Link are notorious for ignoring letters and the only way I got them to respond was to stop paying - it still took over 6 months, but that worked in my favour because I was able to put that money aside for F&Fs.

3011gillian

I’ve had an email response today from Wescot today after we replied to say in short ‘we have an ongoing CCA request so we’re not paying until we hear back’ here is there response:

Thank you for contacting Wescot Credit Services to advise that you have written to Link Financial directly regarding your CCA request and have not yet received a response from them therefore; you will not be contacting us regarding repayment of the account as you consider this debt to be unenforceable until the documents are received.

We would like to make you aware that whilst your CCA request is being processed, the balance on the account remains outstanding and payment is due. We can confirm that we have removed the authority for StepChange Debt Charity from your account and are happy to agree repayment directly with you.

To allow you time to respond and confirm how you would like to proceed with the repayment of the outstanding balance, we have placed your account on hold until 24th June 2019. Please contact us on or before this date otherwise your account will return to standard collection activity and contact will restart.


Thoughts on this??? We’ve told them everything we know up to this point so definitely don’t want to contact them again. What does standard collection mean? Are they going to start frequent demand letters, can they do that? Is this just scare tactics? Assuming they can’t issue ccj’s while a CCA request is on going? Any advise would be good thanks

sourcrates

3011gillian wrote: »

Thoughts on this??? We’ve told them everything we know up to this point so definitely don’t want to contact them again. What does standard collection mean? Are they going to start frequent demand letters, can they do that? Is this just scare tactics? Assuming they can’t issue ccj’s while a CCA request is on going? Any advise would be good thanks

Hi,

As you were advised previously, wescot do not own your debt, Link do, only the owner of a debt can start legal action.

You have sent Link a request for information under sec 77/79 CCA 1974, the penalty for Link, for non compliance is :


Consumer Credit Act 1974

1974 c. 39 Part VI Section 77


(4) If the creditor under an agreement fails to comply with subsection (1)—

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


So no one can start legal action, "standard collection activity" can be resumed though, calls, letters, etc, unless you have opted out of each or any of these under GDPR regs.


Its just a standard letter you have recieved, please pay us, or we will start writing to you again, we can`t do anything else , but we want you to think that we can, is basically the jist here.

3011gillian

Thanks, so do you think ignore this letter completely then so as to not get into round in circles discussion with Wescot. We’ve explained clearly and concisely and told them we’re not paying, nothing more to say!

sourcrates

3011gillian wrote: »

Thanks, so do you think ignore this letter completely then so as to not get into round in circles discussion with Wescot. We’ve explained clearly and concisely and told them we’re not paying, nothing more to say!

Basically......yes.