Bit of Advice needed about BOS & Westcot

[kellyplanet]

About 6 years ago when I was working for Bank of Scotland in Glasgow as a Banking Adviser (don't hold this against me I was the nice one who refunded charges!!!!) I oped a BudgetPlus account for myself this had a revolving overdraft ie if you paid £500 into your BP account per month your O/D would be £6000 and reduce by £500 per month. Now this never worked out!!! However when they merged with Halifax this changed and my O/D was set at £4000.

 

To cut a long story short I left the BOS for a job as a carer (I want to be a nurse and this is what i am currently studying) so my income halved I could't make the payments into the account and was hit with a lot of charges. I ignored a lot of post as you do when it has a window in the envolope!!!

 

I moved to Newcastle to start my nursing studies I received a letter from Wescot saying I owed £5k plus to the old budget plus account.

 

I stupidly threw all the statements away when I moved so I have sent a SAR request to HBOS Trinity Road and I have asked Westcot for the CCA agreement.

 

If Westcot don't produce the CCA does this mean the debt in unenforceable?

 

Can I get the default removed? I would have paid but they werent willing to take what I could afford they wanted more. How would I go about getting the default removed?

 

If Westcot don't produce the CCA does this mean I shouldn't claim against BOS for charges?

 

If Westcot do produce the CCA can I use the money from charges to reduce the debt?

 

If it gets to this point can I use the HBOS address in Halifax because Scottish Claim courts only go up to £750?

 

Any help would be greatly appreciated.

[davefirewalker]

Has wescot bought the debt or acting as agent?

if they have bought the debt then send cca request to them... if not send it to the original lender. if they cant produce the original docs or deed of asignment within 12 working days, they cannot enforce the debt (until they do). After one month from then they are in default and can be reported.

 

Also if they have defaulted you and can't prove the default then you can get it removed with a little bit of effort, I can't find the thread but if you pm me I'll send the docs across (too large to post here)

 

Dave