CCA Request

[Hera123]

Hi all im just new on this site. I will explain my situation at present, I had a credit card debt with Halifax which has been passed on to 4 different dca's, Wescot are the most recent to be dealing with this debt so I sent them a CCA request, they have today sent me a photocopy of statement of account but nothing else, this has also passed the 12 + 2 days time limit. They are demanding payment within 14 days, any suggestions on what I should do next, I am really worried.

[maroondevo52]

Hello and Welcome,

 

How old is this card and when was the last payment made on it ?

 

I've moved this thread to the appropriate Forum.

 

Regards.

 

Scott.

[coledog]

Send the 'Account in dispute' letter, link below, as they have not send a credit agreement. Send recorded delivery

 

As Scott says, can you supply some more info on this?

 

Once the account is in dispute they should not contact you or take any action unless they supply a properly formatted agreement, let us know if they do.

 

Account in Dispute letter to send after 12 plus 2 working days

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Hera123]

Hi and thanks for moving the thread, I took the card out in 2002 and the last payment made was January 2010 when I had came to an agreement to pay Blair Oliver & Scott £10 per month ( at this time I had never heard of a cca request) however after being paid off even meeting this payment was difficult, I explained my situation to BOS but they were not interested, I stopped payment and since then it has been passed to several more dca's, I have not made a payment since it was handed over to the other dca's. Each time I was contacted by a dca I done a cca request, I would then receive a letter stating they were no longer dealing with the account. However Wescot really seems to be out to get me. I am willing to pay this debt off in installments but I think it is only right I receive the documentation I am entitled to receive.

[Hera123]

Thanks for your help much appreciated, I am starting to get really scared at this stage.

[Revenant]

Thanks for your help much appreciated, I am starting to get really scared at this stage.

 

 

Hi hera

I know it's not easy but try not to worry

DCA's rely on intimidation and peoples lack of knowledge but as you can see from the advice given so far YOU have more rights than they'll ever admit to

All DCA's will huff, puff and strut thier stuff but it's all a game

As this matter is in dispute due to your un-asnswered CCA request there's nothing they can do until the correct paper work is provided so just use the letter already suggested and let them stew

If any of them get too stroppy they can also be warned off for harassment

Keep us updated but in the mean time have the best weekend you can

Regards

R

[Hera123]

Ok thanks, I will do account in dispute letter as suggested, I will copy the template letter from here. Do I leave out the part about the statement of account, as they have sent this to me today

[coledog]

Send that letter and get the account in dispute with these lowlifes, if any one else contacts you, there is a another letter in the library which you can send to say that the account is already in dispute with whoever. I will find the link for you. You do not need to continue doing CCA requests as it is obvious that no one has the paperwork for this. Just ignore the idiots.

[coledog]

You can leave out the bit about statement of account. It is the credit agreement that they need to send.

[Hera123]

Thank you so much for your help, I will do this and let you know what happens. You are all brilliant on this site!

[Hera123]

Hi all, I sent the account in dispute letter to Wescot Credit Services on 14th March as advised. I haven't had any correspondence from them as yet, however today 22nd March I have received a normal credit card statement from Halifax requesting full amount,as minimum amount due, payable by 11th April. I have not a clue what is going on or what I am meant to do next, as I hadn't received a statement since God knows when from Halifax then all of a sudden they raise their heads again, after account was passed from one dca to another without them ever advising me that this was going to happen. I feel the goal posts are being moved all over the place, with the hope that I will give in. Can someone please advise me what to do now? I am so confused at this stage.

[coledog]

The DCA has probably contacted Halifax to obtain the credit agreement etc or could even have passed this back to them. the account is still in dispute no matter who contacts you next. There is a letter you can send to next person who contacts you, see below. If anyone does send a credit agreement, let us know.

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[Hera123]

Thank you once again for your advice. Could this possibly mean then that the Halifax has taken over the collection of the debt again? Would I need to cca Halifax direct? even though they only sent me a statement and nothing else, I had honestly thought that the debt had been sold on from one dca to the next but obviously not the case. Sorry for all the questions, it's just I don't understand all this and want to keep everything correct with the advice from you people who know what you are talking about.

[coledog]

No, No - once you have sent a CCA request to someone and put the account in dispute, it is up to them to pass this on. If someone else contacts you send the letter I have suggested plus copies of the request and dispute letters.

 

If you account has been sold, you should have received a Notice of Assignment letter from Halifax. It looks like they still own it and are just passing it to different DCAs.

[Hera123]

Thank you once again, I will just wait and see what happens next. Once I receive any further correspondence from anyone regarding the matter I will be in contact with you again (no doubt) All the best for now.

[Hera123]

Hi, hope all is well, just to let you know I received a letter this morning from Wescot Credit Services in response to the account in dispute letter which was sent. It bascially states that they acknowledge I have raised a query on the account and that they will suspend all collections activity on the account while the matter is under investigation, but as they will have to contact their client, the process may take several weeks and they would appreciate my patience during this time. It also states if further information to help them investigate or resolve the query can be provided they would be most grateful. So guess I just ignore this and sit and wait to see what happens, what do you think?

[coledog]

Yes - let them sort it out, nice of them to let you know

[Hera123]

Ok will do. Wescot are nice people you know (if only) Enjoy the rest of your weekend, will be in touch again soon

[coledog]

Yeh lovely !8-)

[Hera123]

Hi again, just to let you know received another letter this morning from Wescot, this one basically states that having contacted their client they have been advised that a copy of the opening agreement and terms and conditions were sent direct to me on 22.04.10 (This is not true as I never received anything like this from Halifax) They then go on to state that in the circumstances they believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return. However if in the event I still believe I have a valid dispute, to contact them with the details within the next 14 days otherwise the account will be returned to their recovery team for collection.

Can you please advise me once again how to deal with this, as usual I don't have a clue what to do next. Thanks.

[coledog]

Write back to them and say that you have no record of receiving the documents referred to. Inform them that they have not fulfilled your request under s78 of the Consumer Credit Act (add date made) and the account remains in dispute until the requested documents are supplied by them. Send recorded.

 

It is no excuse even if Halifax claim to have supplied something, they must respond to your request themselves.

[Hera123]

Hi just wondering if you had a chance to read my thread yet, as I would like to reply to these ones fairly soon, but don't feel confident enough to reply without the help of someone who knows the best way to do so. Cheers

[Hera123]

Ok thanks again I owe you big time. Cheers

[coledog]

Just draft a letter based on what I have said above, let me know if you need any help

[Hera123]

Ok will do, Just going to keep the letter short and to the point, God knows what they will send me next. They are really doing my head in at this stage. Will keep you posted and thanks again, you must be sick listening to me.