Mikey25 v HSBC/Wescot

[Dinkjames]

I would imagine that a 'full and final' settlement would have to be a lump sum rather than paying by installments.

[mikey25]

Hi everyone,

 

It has been nearly 2 months since I sent 2 'account in dispute' letters to Wescot relating to my loan account and my credit card account. Other than receiving a letter just prior to the in dispute letter saying that they would be in touch in due course I have heard nothing.

 

They have my address but not my phone number and I am surprised that they haven't sent any threatening letters or late payment letters. Is this normal?

[mikey25]

Hi everyone,

 

I have today received this letter from Wescot. I think they may have sent this because I ended my DM program with Gregory Pennington so they have probably realised that they have received no payment this month.

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

However, the annoying thing is that they have sent this letter asking for money but they have completely ignored my CCA request and also my in dispute letter that was sent weeks ago. What should I do?

[Andy01]

RB XXXXXXXX

 

Dear Sirs,

 

I am in receipt of your template letter dated XXXXX 2009 . I enclose copies of my letters in response to your previous threatening template letters.

 

MY POSITION IS THE SAME

 

Please look into my replies to you dated XXXXX 2009. It was posted recorded delivery on the XXXXXX 2009 and received by your office on XXXXX 2009. It has been confirmed online by me. As for your ease please check Royal mail tracker ref DVxxxxxxx.

 

Please also contaact you addmin department to confirm that they are dealing with my request or not before writing I call that physiological harassment. I am not in a position to write to you again and again with the same subject and keep spending money on recorded deliveries. I request you to spend some time and read and honour my request.

 

If you do not understand any of the contents, then may I suggest you seek legal advice.

 

I TRUST THIS OUTLINES MY POSITION CLEARLY ENOUGH FOR YOU and NO further correspondance will be entered into.

 

Yours faithfully

 

This is the letter I used it may be useful to you or you can add what ever if you like.

[citizenB]

Mikey, note the words "MAY".

 

This is a threatogram, please be aware that they cannot do any of the above without following a procedure.

 

Have you received a Default Notice, termination letter or formal demand. Letter before Action.

 

You can amend the letter in the following link and send that. In the first sentence it mentions "solicitors", just change that to "you" or "a professional Debt Collection Agency".

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

I would also advise you to send the letter from the following link to the OFT. Enclose a copy of the letter from Wescot.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

 

Amend it to suit your own circumstances.

 

 

You can if you wish, advise Wescot that you have made a complaint to the OFT.

[mikey25]

Hi,

 

No I haven't received a Default Notice, termination letter or formal demand. This is the first letter I have received from them since they told me they were dealing with my CCA request about 2 months ago. I think they are just trying it on but I still have tracking numbers for the letters that i sent them requesting the CCA and declaring the account in dispute a couple of weeks later.

[mikey25]

Also I don't know whether this makes a difference or not but I've just noticed that the letter Wescot sent me is dated 2/7/09 and says that if I fail to respond by 16th July (14 days) then they may take action. I didn't actually receive the letter from them until 6th July. I thought they had to give 14 days from the date I receive the letter?

[Dinkjames]

Also I don't know whether this makes a difference or not but I've just noticed that the letter Wescot sent me is dated 2/7/09 and says that if I fail to respond by 16th July (14 days) then they may take action. I didn't actually receive the letter from them until 6th July. I thought they had to give 14 days from the date I receive the letter?

 

That only applies to a Default Notice and the letter should be headed as such. If it is a standard threatogram, just keep the letter and the envelope.

[mikey25]

Hi everyone,

 

Just thought I'd let you know the latest in my battle with Wescot. After the threat letter that Wescot sent me I sent them a reply stating that they have no right to send me letters asking for money when they have failed to respond to my CCA request for the last 3 months.

 

Yesterday I received this from them.

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

I'm hoping that this means HSBC can't find the CCA as I'm sure they would have supplied it to Wescot by now if they did have it.

 

Anybody got any thoughts on this? What should I do now?

 

Thanks

[citizenB]

Hi Mikey,

 

Well that is good news that they are putting the account on hold for a while.

 

Out of interest, what year (just the year) was your card taken out ?

 

It would appear that HSBC returned all card application/agreement forms to the branches in order for them to be filed/stored locally. The plan apparently didnt work out too well for some accounts.

 

Also if your account is perhaps quite ancient then there is a remote chance that they wont have an agreement, simply because they didnt get one signed.

 

This is of course supposition, they might have a copy for you.. but it does seem a bit odd that they havent been able to provide one to date. So fingers crossed.

[mikey25]

I had a credit card with Hsbc which I think was taken out in 2003. I also had a loan with Hsbc around the same time. So far they haven't supplied a cca for either. Fingers crossed they don't supply one!

[Dinkjames]

My card from HSBC was also taken out in 2003. To date, they have not provided a copy of my agreement under CCA or CPR31.14.

 

In my SAR, there are 3 requests from the Data Compliance Dept to the Credit Card department for the agreement, but it was never included in the SAR.

 

I am of the opinion that they don't have one. Fingers crossed they don't have yours either. My account is still with their internal DCA, MCS.

[mikey25]

Hi everyone,

 

I've had this letter from Wescot this morning:

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Are the being serious? They are telling me that they can't supply the CCA but are telling me that they will resume normal collection activity in 14 days? Can they even do that?

[mhill716600]

Hi Mikey i have been reading your case with interest as i was also worried that as i have been paying towards this debt i might not have a case

 

How have you been getting on

 

Regards

 

Mike

[mikey25]

I thought ok up until I received that letter this morning. I haven't paid anything on this debt since the account went into dispute a few months back. It sounds to me that they have realised they don't have the cca and are trying anything to get me to pay up. I really could do with some advice on what to do now though.

[cerberusalert]

They probably don't understand why you want a copy of your CCA because they can't get their heads around the concept that it is your legal right to request it at any time.

 

If they fail to provide it within the specified 12 working days send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[mikey25]

Hi cerebrus. The original cca request was sent months ago. They sent me letters saying that they had requested it from Hsbc and would be on touch in due course. They have been sent in dispute letters etc.

[cerberusalert]

Just ignore the muppets then.

[mikey25]

Hi everyone.

 

After the last letter that I received from Wescot telling me that they didn't understand why I was requesting a CCA when I had been paying the debt for the last few years I sent them a letter reminding them of their legal obligations to comply with my request.

 

Today I have received this letter:

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

If I am reading this correctly then I am over the moon because they are saying that they have closed the account. This account is for a credit card that I had a few years ago. At the same time as I sent the CCA request for the credit card I also sent a CCA request regarding a loan that I had with HSBC that was also passed on to Wescot. I have had no correspondence from Wescot about the loan account since I requested the CCA in May so with any luck that account may have the same outcome.

 

Is there anything else that I should do now regarding this account?

I also want to thank everyone on here for your good advice and support. It feels so good to finally get one over on the banks who have been screwing us all for years.

[cerberusalert]

You've read it correctly, it looks as if they own the alleged debt too because there's no mention of passing it back to the original creditor.

 

You don't have to send them anything else, just keep the letter in case another DCA crawls from under a rock sometime.

[mikey25]

Brilliant.... Thanks for all your help. I will start a new thread if and when I hear anything about my other HSBC/wescot account.

[mikey25]

Hi everyone,

 

Just a quick question. As you can see from the above post Wescot agreed to close my credit card account back in September after both them and HSBC failed to produce a CCA.

 

Yesterday I checked my credit file using equifax and noticed that there are defaults showing for both my old HSBC credit card and also my HSBC loan which they also failed to produce a CCA for. Is it possible to get these defaults removed and if so, how would I go about it?

 

Thanks

[cerberusalert]

I'm afraid it's practically impossible unless you can come to some form of full and final settlement of the a/cs on the proviso the remove adverse creit information from your file. Also have a read of; http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

[mikey25]

From my perpective though Wescot have agreed to close the credit card account as they know that there is no CCA for it. For this reason it seems strange that they can leave a default on my account when the account is closed and no signed credit agreement exhists. I have also just noticed that both HSBC AND Wescot have left a default for the same account. I thought you could only be defaulted once for an account?

[cerberusalert]

Only one default can be made for each debt. Contact both the Credit eference Agency and Wescot and demand its removal.