CCA Request - Wescot

[andymanx]

S10 letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

LEGAL NOTICE UNDER THE DATA PROTECTION ACT 1980

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

 

I demand that you cease processing of my Data by any means whether written or electronically, with third party, individuals and organisations. In addition to processing, this also means passing, amending, sharing and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage. Specifically because;

 

▪ My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files.

 

▪ That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

▪ That matters in relation to adverse data you have entered onto my credit files are currently in dispute.

 

▪ That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services

 

▪ That as a Data Controller/Compliance Officer, you have a responsibility under the Data Protection Act to observe all principles set out therein, within the act.

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

You have until 6 April 2009 to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the Court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local County Court on notice to force compliance, together with costs and compensation.

 

I look forward to hearing from you within the prescribed timescale.

 

Yours Faithfully

 

 

Default letter sent:

 

Date: 21 March 2009

Your Ref No:

By Recorded Delivery

 

Dear Sir/Madam

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

Thank you for your letter dated 2 March 2009, the contents of which have been noted.

 

Please note my new address, as above.

 

On 27 February 2009, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of 19 March 2009.

 

The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. 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 as proof of ownership of said account.

 

Please note the following:

 

I have made you 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 your client enters into a default situation. This limit has now expired.

 

Section 77(6), of the Consumer Credit Act 1974 states:

 

“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.”

 

Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies:

 

 

▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

▪ You may not add further interest or any charges to the account.

 

▪ You may not pass the account to a third party.

 

▪ You may not register any information in respect of the account with any credit reference agency.

 

▪ You may not issue a default notice related to the account.

 

▪ You must remove information logged with any agency which you claim you assert the rights to.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

Edited April 2, 2009 by andymanx

[andymanx]

Letter received from Wes-crock:

 

 

My reply (with help from good ol' Clemma):

 

Date: 4 April 2009

Ref:

By: Recorded Delivery

 

Ms K Bower

Wescot Credit Services Ltd

P O Box 137

Hull

HU2 8HF

 

Dear Ms Bower

 

INCORRECT ADDRESS & NO REPLY TO LEGAL NOTICE.

 

I would respectfully ask if my last letter, dated 21 March 2009 and received by Wescot on 24 March 2009, was actually read by anyone in the office? A copy of this letter has been enclosed for your perusal. As you can see, the very first line states:

 

PLEASE NOTE MY NEW ADDRESS AS ABOVE.

 

I also sent a default letter regarding my CCA Request to the Ayrshire office, which was signed for on 24 March 2009, which also stated my new address at the top of the letter. However, imagine my surprise when I found you had sent me a letter (dated 27 March 2009) to my old Mailbox Address of REMOVED.

 

I therefore request (yet again) that you change my address for the alleged account on ALL systems at ALL offices. Any further mail sent to the mailbox will not be responded to. Only mail sent to my new address (as shown AGAIN at the top of this letter and my previous letters) will be responded to.

 

I also enclose a copy of my Legal Notice under the Data Protection Act 1980 for you to stop processing my data. This was previously sent to the Ayrshire office on 21 March 2009 and signed for on 24 March 2009. However, as I have not had the courtesy of a reply, I am re-sending, again for your perusal.

 

I wait in anticipation for your reply

 

Yours Sincerely

Edited April 5, 2009 by andymanx

[clemma]

WOW - a real signature too (although not Ms K Bower.....wonder why )

 

They also need to learn how to use the correct version of their/there/they're......fools.

[andymanx]

WOW - a real signature too (although not Ms K Bower.....wonder why )

 

They also need to learn how to use the correct version of their/there/they're......fools.

lol

[clemma]

Nice letter bear

Edited April 5, 2009 by clemma

[andymanx]

Nice letter bear

Thanks Tigger.

[vjohn82]

Looks good... you always get a warm feeling when they have to go back to the OC because they will have, more than likely, destroyed the data upon selling the debt. Not always, but more often than not in my experience.

[citizenB]

Andy, the letter received from Wescot says they have forwarded your CCA request to "Our client". In which case, they are only acting as collection agents for the OC.

[BASNI2009]

subbing

[andymanx]

Andy, the letter received from Wescot says they have forwarded your CCA request to "Our client". In which case, they are only acting as collection agents for the OC.

I thought they were. It seems to be the same with all my Halifax debts.

[andymanx]

No reply from Wescot, so I have made a complaint to the Financial Ombudsman Service on 25 April.

Edited May 2, 2009 by andymanx

[clemma]

What about the OFT? Get a complaint in to them as well - same for Aktiv Kapital on your other thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186401-cca-request-aktiv-capital.html#post2141665