Debt Notice of Assignment query

[deemacperth]

If anyone has been following my goldfish claim, I'm in court 18th October, Mayors & City.

 

Question though on slightly different subject.

 

Wescot (the DCA) sent out a letter dated 22/05/2006 stating that all rights, title and interest in the debt was now assigned to them. All very well and good, Wescot headed paper.

 

Anyway, I've sent off bout 4 letters requesting my original credit agreement and a true signed copy of the notice of assignment. My last letter goes

 

Further to your continued reference to your offer to settle this account, I would ask that WesCot comply with my request from the 30th of May 2006 to supply me with:

 

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Until I am in receipt of this documentation, WesCot cannot enforce this debt without the courts approval. By not providing me with this documentation within 30 days of my original request, WesCot have committed a criminal offence under the above Act and this action could result in a report being submitted to the relevant statutory authorities.

 

They've replied recently stating

 

Wescot is not able to provide you with a copy of the original agreement and I can confirm that the consumenr Credit Act 1974 sections 77-7, to which you refer, only apply while the credit agreement is ongoing. When a consumer credit agreement has been terminated for default, as in this case, these sections are no longer relevant. Also, you have previously accepted liability for this account by making payments and you had previously advised us that you intended to pay the account in full.

 

Although Wescot is not obliged to provide you with a deed of assignment and in this case it is irrelevant, I have enclosed an excerpt of the deed for your records.

 

Now the deed they've sent, is a photocopy of a 'master account sale agreement for the sale of debts' pages 1, 2 and 5 which is just a master agreement between Lloyds and Wescot. General terms and conditions. It doesn't refer to any individual accounts. What it does state in one term is:

 

- This Master Account Sale Agreement, taken together with the Sale Schedules executed under it, represent the entire agreement between us relating to the sale of Sale Accounts by us to you

 

Now I think they know they can't enforce this, but can anyone comment? This is on a credit card that was cancelled and defaulted.

 

cheers

[pugsley]

bump

[Giveitback]

so if they claim to have terminated it by default then does that mean that they have stopped asking for any money? if not then I'd say it's current. IMHO

[THEVARNSTER]

think if youve made payment its different

 

definately dont take my word on it though.

[kateandpete]

This is very relevant to my case http://www.consumeractiongroup.co.uk/forum/legalities/24736-default-removal-katenandpete-hsbc.html

I think we've hit upon a particular nugget of law here. I'm going to see what i can find out.

[SurlyBonds]

Wescot is not able to provide you with a copy of the original agreement and I can confirm that the consumenr Credit Act 1974 sections 77-7, to which you refer, only apply while the credit agreement is ongoing. When a consumer credit agreement has been terminated for default, as in this case, these sections are no longer relevant. Also, you have previously accepted liability for this account by making payments and you had previously advised us that you intended to pay the account in full.

 

Although Wescot is not obliged to provide you with a deed of assignment and in this case it is irrelevant, I have enclosed an excerpt of the deed for your records.

 

Their reply is complete bo**ocks and is the usual scare tactics.

 

Even though Wescot think they now own the loan, the Data Protection permission was granted to the origianl lender, NOT Wescot.

 

Default Notice still HAS to be provided... unless they can produce a copy of the ORIGINAL, then no default is deemed to have occured (CCA 1974)

 

You don't automatically accept liability by making payments... this is a ridiculous assumption for them to make. you can write to them and state that any payments to date, do not accept liability whatsoever. Anyone in the country can make a payment to anyone else, but that doesn't automatically infer that you have accepted liability. Half the banks we are suing, are paying up, but not accpeting liability.

 

The master agreement between Lloyds and them is not valid to you, unless it also contains a schedule of debts (with your name on it) and the amount. They should have served one on you originally otherwise you don't have to accept the transfer of ownership.

 

Believe me, I have had dealings with Wescot with some people I'm helping and they are one of the biggest bunch of soft, brown, smelly lumps of bullying liars, I have ever had the displeasure to tread in.

 

However, did you actually admit to them - as they claim - that you have previously written to them accepting the debt, and agreeing to apy in full. If you did, then you have sort of shot your foot off.

 

By the way, whatever the outcome of who owns the case, they have admitted in this letter that the account is now closed, so any default that they or Lloyds have registered with the CRAs can now removed under the DPA.

 

Write to the CRAs and tell them that unless they can be provided with the terms and conditions from Lloyds stating that you are happy for account details to be passed on after the closure of the account, then the CRA must remove them within the statutory period.

 

I assume that you have not signed a Data Protection agreement with Westcot?

[deemacperth]

Cheers for the answers guys. Wescot keep suspending the debt and giving me 14 days to pay £750 in final settlement. They started that 2 months ago.

 

 

They also stopped phoning me ever since I wrote in telling them all communication had to be done by letter and any continued attempt to contact me by phone would be construed as harassment.

 

I don't know what they're on about with me admitting the debt. They clearly don't have it in writing and in every letter I've written to them, I've disputed the amount owed.

 

I'm dealing with morgan stanley first before turning my attention to them.

[pugsley]

bump

[andrew1]

They also stopped phoning me ever since I wrote in telling them all communication had to be done by letter and any continued attempt to contact me by phone would be construed as harassment.

 

QUOTE]

 

 

The guys at Bank of Scotland told me quote " 15 calls or more a day is deemed harrassment" :o

 

there, so 14's okay then !

[DCG]

They also stopped phoning me ever since I wrote in telling them all communication had to be done by letter and any continued attempt to contact me by phone would be construed as harassment.

 

QUOTE]

 

 

The guys at Bank of Scotland told me quote " 15 calls or more a day is deemed harrassment" :o

 

there, so 14's okay then !

 

 

should of asked for it in wrighting then see wat they say

[deemacperth]

Post removed - please do not copy and paste from other sites as this may be in breach of copyright. If you wish to provide a link then please do so.

[Guest peed orf]

Long, but interesting...wish I'd seen it 5 years ago!