Debt Collection Agencies - Westcot and others

[MsLocks]

Hi
I am new to this site so hoping someone can advise me regarding DCA's and buying debts.
I had a loan with Egg back in 2006 but unfortunately got into trouble paying. I set up a DMP with the CCCS at the time and was paying them the amount requested. I then started paying my debts myself still at the agreed some but not via the CCCS.
All was going well until my payments to Egg were being returned to my bank account. This happened twice in September and October 2014.
I received nothing from Egg to say they were transferring the account or the account had been sold.
I received a letter from Arrow Global stating they had purchased the debt. I asked them to provide me with a Notice of Assignment which they didn't. I then received a letter from RMA Resolve saying they had purchased the debt, I did the same thing and asked them to provide me with a Notice of Assignment again they didn't. It then went to NCO and now to Westcot who tell me that Arrow Global have purchased the debt and that AG are Westcot's clients.
I asked Westcot to provide me with the Notice of Assignment and this has been going on for months and months now. They say I have no legal standing and said that my letters because I obtained them from the internet are not legally binding.
I have checked the Law of Property Act 1925, the Office of Fair Trading and the CSA's Code of Practice and it states that the Creditor (Egg) should have contacted me informing me which DCA has bought the debt, written a Goodbye Letter and produce a Notice of Assignment. None of which they did.
I am refusing to pay Westcot as I have no legally binding agreement or contract with them.
I have recently sent Westcot a Cease and Desist letter complaining about continual harrassment as they are not taking my request seriously.
What should I do now? Should I send them one of our Prove It letters?
Egg have also been taken over by Citibank, should I write to them and get clarification as to who owns the debt now, what do you think?
Any advice would be very much appreciated.
Thanks
MsLocks

[Kafka]

Re: Debt Collection Agencies - Westcot and others

I thought the the EGG cards eventually went to Barclaycard?

When you know for sure who the owner is that apparently sold it, send them a Subject Access Request to obtain all the personal data held. That should tell you if and when it was assigned to a new owner and who that is. I once had three DCAs chasing for the same account and all telling me they owned it.

[MsLocks]

Re: Debt Collection Agencies - Westcot and others

Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks

[Kafka]

Re: Debt Collection Agencies - Westcot and others

http://www.legalbeagles.info/forums/...otection-Act-)

It needs to be sent addressed to the Data Controller at Citi HQ then.

[nemesis45]

Re: Debt Collection Agencies - Westcot and others

[QUOTE=MsLocks;570737]Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

- - - Updated - - -

[QUOTE=MsLocks;570737]Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

- - - Updated - - -

[QUOTE=MsLocks;570737]Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

[FlamingParrot]

Re: Debt Collection Agencies - Westcot and others

I asked Westcot to provide me with the Notice of Assignment and this has been going on for months and months now. They say I have no legal standing and said that my letters because I obtained them from the internet are not legally binding.

Obtaining something from the internet doesn't make it any less legally binding, however some sites are well known for their letters which have no real legal grounds (such as the "three letter process"). :mmph:

I have checked the Law of Property Act 1925, the Office of Fair Trading and the CSA's Code of Practice and it states that the Creditor (Egg) should have contacted me informing me which DCA has bought the debt, written a Goodbye Letter and produce a Notice of Assignment. None of which they did.

The OFT ceased to exist in April 2014, it's duties now fall under the remit of the FCA with regards to consumer credit licensing.

I am refusing to pay Westcot as I have no legally binding agreement or contract with them.
I have recently sent Westcot a Cease and Desist letter complaining about continual harrassment as they are not taking my request seriously.

Wescot are only a DCA, they no longer purchase debts, although I think they used to at some point.

What should I do now? Should I send them one of our Prove It letters?

Have you sent a CCA request? Even if Wescot don't own the account, they still have a duty to pass on the request to Arrow who in turn will have to ask Citi for the documents... :ranger:

[MsLocks]

Re: Debt Collection Agencies - Westcot and others

[QUOTE=nemesis45;570748][QUOTE=MsLocks;570737]Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

- - - Updated - - -

[QUOTE=MsLocks;570737]Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

- - - Updated - - -

Hi Kafka
Thanks for the reply. It was an Egg loan not a credit card and has now been taken over by Citibank.
Is there a standard template for the Subject Access Request letter? If so where could I find this?
many thanks[/QUOTE
Some points the letters you have received from AG et al are Notices of assignment why there was no further responses.
In practice NOAs are sent quite properly by the original creditor and or the new " owner " of the debt, AG and Westcott are
of the same group and you have been informed that you should deal with them which is correct and above board.
Simply this approach will get you nowhere.

I don't know where your information is coming from the situation is:

Arrow Global has purchased the Debt/ Account with all the rights and obligations of the original agreement and have authorised it's debt collection/management company Wescott to act for them i.e. Arrow is now the beneficial owner of the debt and now is able pursue including issuing a County Court Claim.

I am not at all surprised that your contact is being ignored as I'm afraid your arguments have no merit.

To answer you last question Arrow Global owns the debt Lock stock and barrel.

You need to be looking at the following:
When was this loan taken out?
When Was the account default?
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand?
When was the last payment and or written acknowledgment of the debt made?
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online.

Answer theses questions and we may be able to advise more fully.

nem

Hi Nem
Thanks very much for your input.
I can answer the following for you:
To answer you last question Arrow Global owns the debt Lock stock and barrel.

When was this loan taken out? April 2006
When Was the account default? July 2009
The relevant Limitation Act 1980 relevant 6 year period starts on the date the credit Demands Immediate Repayment In full.
When did your receive such a demand? Never received this demand
When was the last payment and or written acknowledgment of the debt made? Last payment made to Egg was September 2014 and then the payments were returned into my account without any notification.
Does this debt appear on your credit reference files? If you haven't checked try Noddle it's free online. I have checked and this debt does not appear on my credit reference file

Answer theses questions and we may be able to advise more fully.

Hope the above helps.
Many thanks
Helen

- - - Updated - - -

Hi Flaming Parrot
Thanks for the reply.
What is a CCA request, not familiar with this terminology?

thanks
MsLocks

[FlamingParrot]

Re: Debt Collection Agencies - Westcot and others

Hi Flaming Parrot
Thanks for the reply.
What is a CCA request, not familiar with this terminology?

It is a request for a copy of your credit agreement, you'll find a template letter here: http://www.legalbeagles.info/forums/...=7670#post7670

I'd be inclined to send the second, in depth version. Ignore the 2007 post date, it has been updated.

It has to be sent by recorded delivery with a PO for £1 to cover the statutory fee. :thumb:

The should reply in 12+2 working days or the account will become unenforceable for as long as they fail to comply.

Given the situation outlined above, whereby Wescot has to go back to Arrow who in turn has to go back to the original lender, that should keep them busy for a while. :grin: Meanwhile if you hear from them again while they are in default of your request, you can say you are awaiting reply to your request.