Wescot Response - Next Step - please help

[helper]

Dear all

 

I received the latest response from wesot and I would like some advice on the next step as they do not seem to be backing off lightly. The story so far:

 

Mar 07 - recieve 2 notices of debt collection from Wescot out the blue for Hutchinson 3G UK Limited. Given 7 days to respond.

 

Replied confirming never entering into any contract with 3G UK Ltd and request original agreement through the CCA. Sent recorded with £1 postal order.

 

Apr 07 - Response from wescot asking for confirmation of last 3 addresses and DOB reason due to them not wanting to be in breach of Data Protection Act. Returned the £1 postal order. Given 7 days to repond

 

Replied stating I made a formal request for copy of signed agreement explaining they had 12 working days etc to repsond. Also stated that they were in breach of data protection act anyway by providing details of an account and outstanding balance without first confriming the right recipient. Sent recorded delivery with £1 postal order.

 

Apr 07 - Response from wescot arriving on my birthday - cheeky **#""s!! Stating they are unable to deal with my query until I confirm my previous address. They also stated that their client is not regulated by the consumer credit act therefore the debt is enforceable. Given 7 days to respond but £1 postal order not returned.

 

Can someone advise on what I should do next. I have to respond this week. I don't think they should be able to ask for my personal details just like that. You help would be very much appreciated - thanks.

[dannyboy660]

It's probably not a good idea to send Wescot information of any kind whatsoever.

 

Personally I would be inclined to ignore them - they obviously don't even know if they have the right person.

 

If they phone just tell them you have no intention of entering into negotiations of any kind unless or until you get a satisfactory response to your CCA request. If they say it's not covered by CCA'74 then tell them you have no intention of paying someone elses bill for them.

 

Just an opinion.

[rory32]

What is the original debt for e.g. credit card, loan, etc.?

[ODC]

Westcot are a joke they threaten YOU with legal action without proof. They are happy to accept you are who you say you are for the purposes of threatening you with court action. You have made a LEGAL request for a CCA and they obviously havent got it. Funny how these clowns will quote the Data Protection act when its suits their defeciencies. As soon as the 12 + 2 days are up. They are in DEFAULT. No ifs or buts. The same law applies to them as everybody else

[helper]

I don't know what the debt is for because it's not mine.

 

Judging from their 'client's name 3G Hutchinson UK Limited I would guess it's a mobile contract of some kind.

 

Would that be the reason why they stated their 'client' is not regulated by the CCA?

 

I could tell them my last address and DOB but I don't trust their practice of keeping personal data confindential.

 

I need a reply to send them to shut them up once and for all.

[helper]

Can anyone advise pleeeeeeeeese

[diskmandave]

Contact your local Trading Standards and inform Wescot that you have done so.

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

They are quick enough to write letters to people demanding money without first confirming who they are.

 

Regards, Dave.

[helper]

Hello all

 

Still thinking what I should do:

 

So shall I contact my local trading standards to log a compalint against wescot for demanding money from me without first confirming who I am?

[ideas for a letter much appreciated]

 

 

Should I SAR wescot then if their client is Hutchinson 3G UK Ltd then? They have stated that their client is not regulated by the CCA

 

Or shall I just tell them my DOB which should enable them to realise that it is the wrong person? [tbh I don;t want to give them any info about myself - it should be up to them to ensure they have teh correct person before sending out demands.]

 

Thanks

[Todge]

Both Wescot and Hutchison 3G are regulated by the Data Commissioner?

 

Ask them both for what they have on you - modified S.A.R - (Subject Access Request) (x2) ought to do it.

 

Check out both Data Protection Act addresses on the Information Commissioners site, and get busy.

 

Register of Data Controllers - find out what personal data is being processed

 

WESCOT CREDIT SERVICES LIMITED

C/O BDO STOY HAYWARD

64 DALBLAIR ROAD

AYR

KA7 1UH

 

HUTCHISON 3G UK LIMITED

HUTCHISON HOUSE

5 HESTER ROAD

BATTERSEA

LONDON

SW11 4AN

 

(Hutchison had several company names - worth checking ...)

 

You can but ask ...

[helper]

so shall I SAR wescot then using the standard letter template from teh data commisioner?

 

Shall I make a complaint to trading standards as well?

 

Thanks

[helper]

I am going to SAR wescot I think - does anyone have a template letter please?

 

Should I complain to trading standards as well?

[helper]

anyone help???

 

pleeeeeeeeeeeeze

[PriorityOne]

If the debt is not yours.... then why are you sending a SAR ? It seems that they have assumed that you must be the person they are looking for because you sent them a CCA.

 

If you are sure this is not your debt.... then it shouldn't be in your name either. Have they got the right name ?

[helper]

It's not my debt and I had already sent them letter saying so.

 

I was advised to CCA them in an earlier post.

 

They want me to provide my DOB and previous addresses but why should I if they have the wrong person. I'm still in limbo over this [please have a look at what I have done so far]

 

Wouldn't a SAR prove that they would have the worng person?

 

Please respond PriorityOne

[NailPost]

You have CCA'd Westcot and they have decided to play silly beggars.That's their choice. In the meantime the clock is ticking towards default and criminality. You don't have to do anything until they commit the criminal offence when you can shop them to the Office of Fair Trading.

 

When that day arrives - pretty soon I would imagine - write and tell Westcot what you have done. Invoke their complaints procedure as you are unhappy with the way the matter has been dealt with. They must have a complaints procedure as they are Consumer Credit Licence holders. If they try to bluff their way out of their responsibilities shop them to the Financial Services Ombudsman.

[PriorityOne]

It's not my debt and I had already sent them letter saying so.

 

I was advised to CCA them in an earlier post.

 

They want me to provide my DOB and previous addresses but why should I if they have the wrong person. I'm still in limbo over this [please have a look at what I have done so far]

 

Wouldn't a S.A.R - (Subject Access Request) prove that they would have the worng person?

 

Please respond PriorityOne

 

 

If they are that unsure of your identity, then they shouldn't be pursuing you... but that's DCAs for you .

 

There should be no need to send a S.A.R - (Subject Access Request).... the CCA request should be enough to kill this one off. As the debt is not yours... there will be no existing Agreement anyway.... so try not to worry. If they continue to harrass you after the default timescales, then as Nailpost has said......report them to anyone you can think of !!

 

[PriorityOne]

Have quickly re-read through..... if it's a mobile 'phone contract, then it may not be covered by CCA.

 

However, the onus is on them to prove that you are the correct person that they are looking for..... which may be why they are requesting personal details. I wouldn't send them anything too personal, such as passport/driving licence copies..... but under the circumstances, it may be an idea to write again (rec. delivery) with an old utility bill (if you possibly can) that can show where you were living, in order to get shot of them.

 

Begin the letter with "I do not acknowledge any debt to your company".... and end with threats to report them for harrassment, if they do not cease and desist with their actions.

 

You will have proved who you are... and proved who you are not.... so hopefully, that will be the end of it.

 

[dannyboy660]

It's not my debt and I had already sent them letter saying so.

 

I was advised to CCA them in an earlier post.

 

They want me to provide my DOB and previous addresses but why should I if they have the wrong person. I'm still in limbo over this [please have a look at what I have done so far]

 

Wouldn't a S.A.R - (Subject Access Request) prove that they would have the worng person?

 

Please respond PriorityOne

 

You're not making a lot of sense, with all due respect.

 

If it's not your debt why waste time and money CCA or S.A.R - (Subject Access Request) them??? They will never get the message if you continue along the track of someone who recognises a debt exists, but is not sure whether they owe it or not. I've been in the same position and I can tell you, there is absolutely no way they will believe anything you tell them now that you have responded in this manner. If they believe they have a positive ID and a residential address the next step has to be court.

 

Ignore them. Take all correspondence to Trading Standards and/or OFT and explain what has been happening. Do not co-operate with Wescot in any shape or form, and certainly don't give any personal details. PriorityOne is absolutely correct to state it is up to them to prove you owe the debt, and they certainly won't believe you now. Sending them details in advance could blow a big hole in any future defence if they are prepared for it.

 

Eventually you will reach a point where you will have no choice but to complain, so why not just go on the offensive and start the complaint ball rolling??? Wescot will go quiet for a few weeks then you'll be told the account is closed, or they will acknowledge their mistake .

[ODC]

Whilst respecting the voice of more senior people on here I am inclined to agree with the last poster. If Westcott allege you owe them money its up to them to prove it. I would contact them and demand in writing details of their complaints procedure and complain. Presumably its like the rest of their shambolic system and totally useless. This leaves open the oppurtunity for you to complain the the FOS thus costing Westcot £400. Tell Westcot absolutely NO personal information information whatsoever. You DO NOT owe them money but once they have your personal details they will retain them.

[sillygirl1]

I've recently had three alleged debts through Westcot, each time I've asked for an original of the bill from the company as I had recently moved and twice Westcot returned the debt to the original company without further action. The third occasion they have been contacte on four occasions via the originating company saying the debt was cleared in full and they had no right to chase me - so complaint has gone to Trading Standards about this. If they don't listen to a company they incorrectly got an alleged debt from then who do they listen to....

[PaulW922]

I think that mobile phone contracts are probably not covered by the CCA 1974, but that does not mean that Hutchinson or Wescot don't have to prove the debt. I'd be inclined to either (a) do nothing, or if you are 100% certain it is not your debt consider whether or not to give them the info they are seeking to get them off your back. The former has more attraction doesn't it?

[ODC]

No matter about whether or not they ar covered under the CCA. Westcrap are alleging you owe a debt. Its up to them to PROVE it. They can still be done for harrasing you though