Westcot Credit Services

[CleverClogs]

Re: Westcot Credit Services

The above legislation makes it clear that you have a legal duty to fulfill my request for a copy of the consumer credit agreement regardless of whether you are the original creditor or not.

etc.

I'd have sent you a PM but it's faster to correct it this way.

Would love to see them try to wriggle out of this one lol.

Might they try the silly "you haven't signed the letter" ploy ?

[teaboy2]

Re: Westcot Credit Services

etc.

I'd have sent you a PM but it's faster to correct it this way. Lol i spotted my error myself mate, but thanks anyway.


Might they try the silly "you haven't signed the letter" ploy ?

True, but then you can send them this if they do:

RE Account NO XXXXXXXX

Thank you for your letter dated xx/xx/xx in which you say that you will not comply with my request dated xx/xx/xx under s.77/78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

There is no requirement under the Act that require a s.77/78(1) request to be accompanied by a signature, and I am unable to accede to your request.

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.77/78(1) request. If you are concerned that you are not corresponding with the correct person, then I wonder why you have not verified the information before sending out documents containing personal data.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

My request for a copy of the alleged credit agreement under section 78(1) was made on xx/xx/xx and the 12 working days for your compliance expire on xx/xx/xx. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

Please now comply with your legal obligation without further delay.

[John65]

Re: Westcot Credit Services

Just received another one from Wescott after sent them a letter from Teaboy (Thank you) (see post 30). It was a dupiclate letter like the one (see post 27) plus return cheq of £1 again!!!

It seems they are ignoring our letter & going round circles with the Wescot! I have decide to ignore them as I received SAR from Santander. I noticed they only sent me a statement of 3 years instead of 5 years also with full of junk papers which looks like printing out from a computer which make no senses to me.....

Also no sign of copy of a Notice of Assignment from them saying they had sold the debt to Westcot! And there are no sign of PPI paying out to them while I was out of work...

Would be grateful what to do on the next move eg how to tell them that the SAR is not good enough or is it waste of time?

By the way I wasnt happy that Wescott want the repayment including the PPI!

Any help would be appreciated.
Many Thanks
John

[teaboy2]

Re: Westcot Credit Services

Ignore them, they have clearly refused to comply with your CCA request so are in default.

Any agreement from Santander? no agreement no debt.

keep copies of the letters you sent to wescott regarding the CCA, and evidence of proof of postage too.

Then sit back and wait, they will either give up or make the mistake of trying to take you to court. Where we will help you with a defense that will get it thrown out before it even gets to court.

On what grounds doe westcott believe they have a right to the repayment of the PPI?

[labman]

Re: Westcot Credit Services

Really, they're at the stage where until they comply with your request you have nothing to say to them.

They either will or they won't comply with it. If they don't, they'll pass it back to the OC and it will be assigned to another DCA.

[John65]

Re: Westcot Credit Services

Good afternoon,

Is there any template letters for for missing/incomplete SAR please?

Many thanks

[John65]

Re: Westcot Credit Services

Hi all, I wondered if someone could give me some advice on how to deal with them please?

I received a letter from Santander about the incomplete SAR which they have failed sent a few missing statements, no copy of contract, T&Cs, Agreement of PPI or Notice of assignment letters etc etc. (I do have the original contract & T&C)

I also asked them about how much the PPI has pay out while I was out of work. Also I have not heard from any DCA either.

Dear Sir,

Thank you for your recent letter regarding a SAR.

We note your comments that certain information is 'missing' from the SAR but would confirm we have fully compiled with the request by providing the personal data we hold for the respective account quoted.

Please note that promotional material, T&Cs etc does not contain personal data and therefore is not covered by a SAR. These have been supplied where possible.

We would also like to advise that historical information can only be retained for legitimate reasons therefore some personal data may no longer be led as it has been deleted in line with our retention policy. We can confirm however, that we have sent you whatever personal data we still hold in relation to the above customer's account.

Thanks John

[frisp]

Re: Westcot Credit Services

Hi all, I wondered if someone could give me some advice on how to deal with them please?

I received a letter from Santander about the incomplete SAR which they have failed sent a few missing statements, no copy of contract, T&Cs, Agreement of PPI or Notice of assignment letters etc etc. (I do have the original contract & T&C)

I also asked them about how much the PPI has pay out while I was out of work. Also I have not heard from any DCA either.

Dear Sir,

Thank you for your recent letter regarding a SAR.

We note your comments that certain information is 'missing' from the SAR but would confirm we have fully compiled with the request by providing the personal data we hold for the respective account quoted.

Please note that promotional material, T&Cs etc does not contain personal data and therefore is not covered by a SAR. These have been supplied where possible.

We would also like to advise that historical information can only be retained for legitimate reasons therefore some personal data may no longer be led as it has been deleted in line with our retention policy. We can confirm however, that we have sent you whatever personal data we still hold in relation to the above customer's account.

Thanks John

Write informing them that this is your final response until such time as they are fully compliant with your SAR. Inform them you will log all future correspondence in this matter and use it in court should the matter get that far. In the mean time complain to the ICO.

[John65]

Re: Westcot Credit Services

Hi all,
Just an update.
I received another letter two days ago from Santander dated 24^thApril but not sure if it was a Notice of Assignment, saying they have passed the debt over to Mooorcroft.

Anyway I did received one from Moorcoft today, dated 30^th April saying if agreement cannot be reached by 7^th May, a claim may be issued by solicitors instructed to act on their behalf without further notice! They are asking for same balance as Westcott, whichit was £2,000 more.

I know there is a debt to repay but their figure is so wrong.

I already sent complaint form to the ICO about incomplete SAR from Santander but no idea how long it will take.

I am going to send off the PPI premilary letter this weekend and should I also send prove it letter to Moorcroft to buy me time til the ICO replied?

Thanks John

[CleverClogs]

Re: Westcot Credit Services

I received another letter two days ago from Santander dated 24^thApril but not sure if it was a Notice of Assignment, saying they have passed the debt over to Mooorcroft.

Anyway I did received one from Moorcoft today, dated 30^th April saying if agreement cannot be reached by 7^th May, a claim may be issued by solicitors instructed to act on their behalf without further notice! They are asking for same balance as Westcott, whichit was £2,000 more.

I know there is a debt to repay but their figure is so wrong.

I already sent complaint form to the ICO about incomplete SAR from Santander but no idea how long it will take.

I am going to send off the PPI premilary letter this weekend and should I also send prove it letter to Moorcroft to buy me time til the ICO replied?

Yes.

[ODC]

Re: Westcot Credit Services

You could always write to Morecrap stating the alleged debt is still in dispute with Wescot and as such should not have eenpassed on. Then again if you send the CCA request to Morecrap you will probably have them passing the buck back to the company formerly known as Abbey

[John65]

Re: Westcot Credit Services

Hi, I am doing this for my husband, he's away at the mo ..... dont want put pressure on him, anyhow I have this morning received 2 letters from Moocraft (both dated 11^th) one of the letter states.......

POSSIBLE LITIGATION
To prevent the above possible action please send payment before 18/5/12 or telephone immediately.

If you do not contact us following receipt of this letter we may have no alternative other than to recommend to our client that solicitors issue legal action against you which may follow. Please note if legal action is necessary and if the solicitors instructed are successful in entering judgement then your debt may increase as follows ..... It goes on to show court costs etc.

But in 2nd letter states ...... this will remain the postion for a further 28 days etc (please see the attached letter)

Can they do this and if anyone has any idea's or a draft letter, should I tell them that ICO are being looked into it?

Thank you

[ODC]

Re: Westcot Credit Services

Typical DCA bull**** fill of ifs and maybes. They are clutching at straws

[teaboy2]

Re: Westcot Credit Services

John

Send the letter i posted in post number 32, they clearly arn't going to send you the CCA despite your request and you sending the £1 (which i assume you sent with your intial CCA request). Also add at the bottom - "Until such time that you can be bothered to comply with legislation and your legal obligations, then no further communication will be forthcoming from myself, and all communications from you or the original creditor will be deemed as harassment under the protection from harassment act 1997 (unless it is to coomunicate your compliance with legislation) - If you want to play like little children, then i will simply ignore you and defend rigourously in court any claim you make as well as possibly counter claim against you".

[mystery1]

Re: Westcot Credit Services

Every time someone new chases you send them 1 letter.

In that letter.

1. It's in dispute because i took out ppi, lost my job but my loan wasn't paid.
2. My s78 request is outstanding.

Should dickheads inc. not bugger off and actually issue proceedings then you will contact Watsons solicitors who are exceptional in their use of S140 cca Harrison v Link Financial Ltd [2011] EWHC B3 (Mercantile) (28 February 2011)

Do not harrass me again. Sort out the dispute or take it to court.




Thats along the lines of what i'd do. Make them aware of the dispute and if it goes to court, the judge will like that.

M1