BT, Westcot & CCA request

[teachme2teachu]

Hi everyone! I have recently sent a CCA request to Westcot in connection with an alleged unpaid BT phone bill. Today I have received the CCA back along with the fee of £1. Included was a short note as follows:

 

"Following your request for a copy of the signed agreement we can confirm that this account falls under the following legislation, Consumer Credit (Exempt Agreements) Order 1989, Article 3 (1) and is therefore enforceable.

Trusting the above clarifies the situation"

 

I have read the above CCA and am under the impression that this piece of legislation applies to Fixed Term loans for a specified amount payable in no more than four payments, over a period not exceeding 12 months without interest or other added charges.

 

The former agreement with BT was for ongoing services i.e. the provision of a landline which was billed quarterly on the basis of its use and included fixed hire charges.

I have looked at the list of companies whose agreements fall within a category covered by this legislation and BT do not appear there.

Are Westcot mis-quoting legislation? Should I send them a CCA non compliance letter?

Anyone who can offer advice on this issue will be greatly appreciated. I was feeling quite confident in my handling of DCA,s but this reply has knocked me slightly askew.

[MARTIN3030]

Hi will move from the telecoms forum since this is best answered elsewhere.

[harrassed senior]

I am sure others will be along with the correct 'quotes', but I personally do not believe a BT Account would be subject to a CCA request. Certainly I have never come across any utilities that were covered by that part of the CCA.

 

Sorry I am not able to offer any constructive advise, but not knowing the exact nature of your problem, the above is the best I can offer.

[MARTIN3030]

Yes agreed,your contract for telephone services would not have fallen under CCA.

You are however entitled to a statement of account which includes any added fees or interest applied.

[teachme2teachu]

Hi Harassed Senior, ok thanks for that. What I am trying to establish is whether or not the debt exists. This has been passed on to Wescot for collection by BT. Should I have sent a SAR rather than a CCA. I have no intention of paying anyone any money unless the debt actually exists!

[teachme2teachu]

Thanks Martin3030, should I send a SAR?

[teachme2teachu]

Hi Martin3030, sorry to be a pest, which forum have you moved this to?

[MARTIN3030]

Yes not to Wescot tho-to BT.

Inform Wescot that you are doing this and ask them to send you a copy of their complaints procedure.

You should also get a copy of your credit file to see whats there.

You need to know if Wescot have assigning rights.

If theres reporting on youtr crf you will then know more.

[MARTIN3030]

This forum is the debt collection industry.

[teachme2teachu]

Yes of course it is, I am a nugget. Many thanks Martin3030 I'll get on it right away.

[buzby]

As others have noted, CCA shenanigans are ittelevant to a service contract. So too is a SAR. If all you want is proof a debt exists, ask the supplioer for a copy bill, at least by providing this you get to evluate and if necessary dispute the amount. Keep it simple, as adding irrelevant complexities just makes things needlessly complex.