When a DCA says CCA does not apply

[deemacperth]

Okay,

 

Here's the scenario I've been in. People may be aware of my Wescot/Goldfish saga.

 

Wescot have been chasing me for an alleged debt from Goldfish. I sent in my CCA request with postal order and they informed me that sections 77/78 of the Consumer Credit Act only apply during the lifetime of an account and as my account was defaulted and closed, this does not apply. Strictly speaking, this is true, but here's the letter I sent back, I've left some personal bits out of the bottom:

 

 

 

deemacperth

 

 

 

Wescot Credit Services Ltd.

P.O Box 137

Dunedin House

45 Percy street

Hull

HU2 8HF

 

14.09.06

 

 

Wescot account number XXXXXx

Client : Goldfish

Client ref no. XXXXXXXX

 

 

Dear XXXXXX

 

 

Further to your letter dated 04th September 2006, I have enclosed a copy of the OFT’s guidelines to matters arising during the lifetimes of an agreement. I believe it would be beneficial if you read this document before attempting to make sweeping legal ascertations about my account.

 

I must draw your attention to section 25 (2) of the Consumer Credit Act 1974 which can question the fitness of a licensee due to the actions of any of its employees, agents or associates.

Section 1 of the Malicious Communications Act 1988 and Section 40 of the Administration of Justice Act 1970 provides for an offence in respect of sending letters which convey a threat or false information with intent to cause distress or anxiety.

I will now advise you not to make any further statements regarding the legality of my request unless you can prove your capacity as a legally qualified agent of Wescot Credit Services Ltd empowered to act in that position.

 

 

In your last letter, you state:

"Wescot is not able to provide you with a copy of the original agreement and I can confirm that the Consumer Credit Act 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…."

 

As you claim my account has been terminated, you will be happy to provide me with a signed true copy of the default notice as proscribed by section 87 Consumer Credit Act 1974. You will also provide me with the details of the address where this default notice was deemed as being served.

 

If a default notice was not issued, you will be happy to provide me with a copy of the termination notice as proscribed by section 98 Consumer Credit Act 1974. You will also provide me with the details of the address where this default notice was deemed as being served.

 

Anyway, 10 days later I got a letter back from the CEO's solicitor advising that they were writing off the debt.

[deemacperth]

This also might have had something to do with the fact that I also sent a letter into Hull Trading Standards and the OFT Cc'd into the company secretary at Wescot pointing out there failure under the CCA to adhere to their responsibilities.

 

Anyway, £1300 written off. I'm still chasing them for £1200 I've already paid.

[deemacperth]

This is the standard template I used for writing to Trading stnadrds and the OFT.

 

http://www.consumeractiongroup.co.uk/forum/general/33769-complaining-under-cca-1974-a.html

[gargoil]

FANTASTIC!!! WELL DONE!!! :D

 

Keep us posted in your quest to have your £1200 refunded!!

 

Hopefully mine will go as smoothly as yours!!

 

(I love reading happy threads like this!!)

[angry cat]

Ac