Westcot Credit Services

[John65]

Hi, I would really like someone to help me here. About 2 years ago, I couldnt carry on paying monthly payments to Abbey loan (now under Santander) due to lose of job (self employed) & family breavements etc. I did informn them that I was on JSA also mention about the PPI which took them about 9 months to sort it out.

The trouble is after I told them that I no longer claiming JSA which they want me to pay full monthly amount which I couldnt afford due to my low income wages. So I paid approx £189 per mth instead of £295 for couple of months but they rang me again sometime ago that I have missed 2 or 3 payments which I cant remember & was told to ring them again back 8 weeks time which I did. They said they are sending the debt to an outside agency & they were very unhelpful & so unfair. Now I received a letter from Wescot Credit Services Ltd demanding over 12k.

I would be grateful for any advice what to do next?
Thank you John

[Caspar]

Re: Westcot Credit Services

Hi John,

Sorry to hear of your problem.

Do you remember how much the original loan was for? Over what period was it taken out? What were the monthly repayments?

With regards to Westcot, this may sound strange, but totally ignore the first letter. If you hear from them again, then send a Prove It letter to them (we can point you to this later) to ask them to prove their entitlement to colllect the debt. The main thing you need to understand about a DCA like Westcot is that they are virtually powerless to act by themselves, so while they may threaten all sorts of things, it is highly unlikely they would actually be able to do most of them. If you read their letters, look out for giveaway words like could mean and may result in.... rather than does mean and will result in .....

There is a debt to repay, but you can only pay what you can afford. It is not for them to tell you what you have to pay, it is for you to decide (in a sensible, proveable way - again we'll help you!) what you can sensibly afford to pay each month.

[frisp]

Re: Westcot Credit Services

With regard to Wescot I agree with Casper do nothing they ask. Inform all parties that you will only discuss this matter in writing. Ask them to remove your telephone number from their systems, confirming that they have done so.

If the account is still with Santander, as you've not said it was sold on, offer them the payments that you can afford and leave it like that for now.

You should also consider a SAR to Santander for all information on all systems with regard to this account. Plenty of templates on here for you to follow for this. You especially want to ask for the contract, T&Cs, Statements, any default notice.

[John65]

Re: Westcot Credit Services

Thanks very much for a quick reply. It was sold to Westcot although I never received any letters from them but will try sorting out the paperwork asp & will get back to you with details

Much appreciated
John

[Pinky69]

Re: Westcot Credit Services

You should have received a Notice of Assignment from Santander saying they had sold the debt to Wescot. If you haven't received this there is no proof Wescot have any right to ask you for payment for anything.

[frisp]

Re: Westcot Credit Services

Respond to Wescot with the prove it letters that are on here. Send a SAR to Santander it'll cost £10 post it registered. Its worthwhile getting all the info they have

[Caspar]

Re: Westcot Credit Services

Thanks very much for a quick reply. It was sold to Westcot although I never received any letters from them but will try sorting out the paperwork asp & will get back to you with details
John

Are you sure it was sold? What normally happens when a debt is passed to a Debt Collection Agency (DCA) is that it is assigned to them. There are two main sorts of assignment, Equitable and Absolute.

An Equitable Assignment is pretty much what it says, an assignment of just the equity in the debt. This means the DCA has the right to try to collect the money from you, but they are powerless to do anything serious like take court action unless they do so alongside the original creditor (Abbey / Santander). They will tell you they can (they can't!), they will tell you that they will visit you at home (they can't without your permission) etc... they basically use scare tactics to try to get you to pay.

An Absolute Assignment is very different, here the rights and duties are signed over (assigned) and so the DCA effectively becomes the original creditor and has all the rights of court action etc... that the OC had.

95% of debt assignments from banks to DCA's are Equitable not Absolute. Look out for wording in their letters like acting on behalf of our client, we will recommend to our client that x, y or z should happen.

Have a look through your paperwork and see if you can fathom out what type of assignment it is. This will affect the way in which it is dealt with.

[John65]

Re: Westcot Credit Services

Thank you very much for the comments.

Anyway I found all the original documents with contract & T&C etc.

The loan was for 18k in May 2006 for 96 months, monthly repayments are £298.90. I have paid back over 13k but have fallen on harder times. You said the next step is to send them a prove it letter, could you help me compose it please as I received 2nd letter from them this morning that they have been instructed by their client to collect the outstanding balance on their behalf. I got 10 days to reply back to them.

Is it good thing to send out a SAR to Santander to find out how much the PPI have paid out?

Thanks very much
John

[CleverClogs]

Re: Westcot Credit Services

Is it good thing to send out a SAR to Santander to find out how much the PPI have paid out?

When did Santander last send you a statement for that loan?

[frisp]

Re: Westcot Credit Services

Thank you very much for the comments.

Anyway I found all the original documents with contract & T&C etc.

The loan was for 18k in May 2006 for 96 months, monthly repayments are £298.90. I have paid back over 13k but have fallen on harder times. You said the next step is to send them a prove it letter, could you help me compose it please as I received 2nd letter from them this morning that they have been instructed by their client to collect the outstanding balance on their behalf. I got 10 days to reply back to them.

Is it good thing to send out a SAR to Santander to find out how much the PPI have paid out?

Thanks very much
John

Its a bluff you can find many good letters in templates, if your still stuck PM with your email and i'll send you some I've prepared earlier.


Send the SAR to SANTANDER to get all the data they have.

[John65]

Re: Westcot Credit Services

Thanks Frisp, I think I found the templates! but which one I should send to them eg Prove I'm the Debtor or the Full CCA? Also I am having problem finding the SAR ones.

Thanks so much

[frisp]

Re: Westcot Credit Services

PM me your email addy and I'll dig out a couple for you to send

[cappo]

Re: Westcot Credit Services

if you want to sar santander who do you send it to, has anyone got a full addy

[CleverClogs]

Re: Westcot Credit Services

Of the 24 divers companies listed under "Santander" in the Data Protection Public Register, Santander UK plc, of 2 Triton Square, Regents Place, London, NW1 3AN may seem to be the most likely.

[John65]

Re: Westcot Credit Services

Frisp, I have sent you an e-mail but dont sure if I done it correctly, please confirm that you have received it

Thanks John