Help - What do I do now?

[heavenly1]

I had sent a cca request to Wecot credit service back on 16th October 2006, which they signed for on the 17th October

 

Had no reply whatsoever. I had stopped making payments to them after the 12days were up. They still didn't even bother to write to find out why.

Sent a follow up letter dated 19th December because I had no reponse from them also requesting form them to remove the default from my credit file and to stop sending data to the cra.

 

Still had no response. Sent a LBA on 11th Jan advising will take court action. Had a response that they are investigating and the account has been placed on hold.

 

Filled out the MCOL on the 25th Jan because the 7 days had passed. I did also ask for a refund of what I had already paid to wescot.

 

Their defence was . "The defendant denies registering a default as claimed as the debt is not owned by the defendant. - but they were the ones chasing the money and still own it. The default is under their name. It is still on my credit file.

 

The defendant admits that it has not supplied copy documents to the claimant but any request made by the claimant under secs 77 and 78 of the consumer credit act 1974 were not valid requests as the defendant is not the creditor as defined in the act. - I don't understand they have purcahsed this debt. So they tell me.

 

It is denied that the claimant is entitled to require the removal of the registered data regarding a default. Such data is correct. - Hold on a minute, I thought they said they are not the creditor and they don't own it. So how comes my credit file has Wescot default written all over it.

 

Without going to court to plead my case the Distric Judge has ordere that

 

1. The Court does not have jurisdicition to award Claimant the relief she seeks. The claim has no reasonable prospect of success and pursuant to the Court's Cas management Powers in CPR 3.4(2)(A), the claim is struck out.

2 This order has been made by the Court under CPR 23.9 as the court has disposed of an application without hearing and without service. Any party may apply to have this order set aside or varied within 7 days of the date of servoce of this order on that party.

 

 

So what happens now. Is this then end of it, can I do something. They say they do not own the debt but they do because a default is on my file under their name. I just want them to remove it RIGHT NOW. (Iwill forget about the refund - for now.)

 

Please can anyone help me or should I just give up...

 

Thanks

[remus]

heavenly1,

with my very limited knowledge (mostly gleaned from this site),

did the orginal company place the default? or have you defaulted with Westcot?

The cca request you sent was to ascertain if westcot had the agreement you signed with the orginal creditors, did westcot communicate with you if they had any such agreement?

If westcot did not default you, than what they have put in their defence is true.

Is the 7 days date of service still valued, or has that run out?

Trying to get the right picture, and am hoping someone will help put you on the right track.

I'm going to have more of a read about the CCa's;)

All the best and don't give up yet;)

[heavenly1]

Thanks Remus for your reply.

 

Goldfish card registered the default but when the debt was sold off the default was then registered under the name of Wescot.

I did not default my any agreement with Wescot because I was paying the agreed amount with Payplan each month and only stopped paying when they didn't reply to my cca request.

Wescot have never come back to me and said if they have the agreement or not. If they do have it I am sure they would have sent it to me already so they could get their payments.

Wescot haven't sent me a default notice but the default is in their name on my credit file.

 

I only received the letter today it was sent out on Friday by 2nd class post, plus we had a bank holiday.

[heavenly1]

I have just spoken to the court and they have said I have 7 days from the 9th to fill out a N244 form. If I send it inwith the 7 days I send a covering letter and there is no charge for sending it within the agreed time.

 

Can anyone please help with completing the n244. I have had a look at other threads but I don't know if my circumstances are different, because they court just don't want to know.

 

 

Please help

 

Thanks

[Robdblynd]

Firstly, have you received a Notice of Assignment from Goldfish telling you that they've sold the debt to Westcot? And one from WEstocot saying they've bought it from Goldfish? If not then Westcot are only acting as agents for Goldfish and I don't think they have the right to enter a default as they are not the creditor.

 

Secondly, have you got a copy of your credit file which clearly shows Westcot as having registerd a default in their name or is it simply carried over from one registered by Goldfish, in other words are they updating an exiasting default or is it a separate entry?

 

Point 2, It doesn't have to be the creditor, as the CCA says, they are obliged to supply the documents whether they are the original creditor or not.

 

When did they place the default, was it after you stopped paying through paypal, after they defaulted on the CCA request?

 

Under CCA 77 - 79, if they do not comply within 12+2+ 1 calendar month then they commit a criminal offence under the Act.

 

I'm not sure how to advise you what to do now but strongly suggest you contact Diskmandave, he's the expert here on DCAs.

 

Hope I've helped in some way, I'll subscribe to keep up to date and help if I can.

[remus]

Robdblynd,

H1 , I think was defaulted by Goldfish.

H1 stopped paying westcot after she had sent the cca and had no response.

Westcot's defence is that they did not apply the default eevn though on H1's credit file the default is listed under Westcot:confused:

Yes you are right Diskmandave is the man:D

CCA's and Dave against the world !!!

was reading that one last night;)

Heavenly1 you need to read through Diskmandaves thread, and ask him

for some help, and to see your way forward, and from past experience DD will do all he can to help:D

Hope this helps:)

[remus]

Heavenly1,

Another Dave, who Robdblynd has suggested is Davefirewalker, HOT on CCA'S:cool:

Plenty of help out there:)

 

Read read and read some:p more

 

all the best

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html?highlight=Diskmandave

 

Try this Dave, he's Diskmandave. The link in Remus' post is for Davefirewalker. He's also very clued up, they both make very informative reading. DMD also has a thread about Robinson,Way you might find interesting, in the DCA forum.

[heavenly1]

Thanks remus and Robdblynd

 

I have now read both threads. Taken ages and I may have to read them both again.

 

I did get a default notice from Goldsfish back in 2005. Then then sold the account to Wescot and I had been paying them up until Novemeber last

I will complete a N244 form and send prove of the default which is on my credit file in their name. I will also send copies of everything I have sent to them and the very few responses I received back from them.

 

I will trying and take it one step at a time. I think I should have reported them to trading standards and oft before I took court action.

 

Oh well I will see what happens next....

[remus]

H1,

I think you have now realised what position you are in, which is good:)

 

We now need to bring in the big guns:D Dave Dave where are you?

 

H1 if you PM the Dave,s (personnal message, click on user CP top left)

and ask them to swing by and read your thread, I'm sure they will be able to give you some pointers;)

 

Don't give up, I've read some threads with bated breath, but the help, information and support (from all you lovely people:p ) has put light at the end of the tunnel.

 

Good luck:)

[heavenly1]

Thanks Remus

 

I have sent a pm to both Dave's. I hope they can help me.

 

Thanks again:)

[ODC]

Thanks Remus

 

I have sent a pm to both Dave's. I hope they can help me.

 

Thanks again:)

Dont worry they will. They are experts in dealing with these people

[davefirewalker]

Hi heavenly....

 

call answered

 

Ok we need to go about this in two chunks. firstly the cca!

 

Wescot have to supply the agreement even if they are not the original creditor.

As is defined by s)189 of the cca1974

 

“supplier” has the meaning given by section 11(1)(b) or 12© or 13© or, in relation to an agreement falling within section 11(1)(a), means the creditor, and includes a person to whom the rights and duties of a supplier (as so defined) have passed by assignment or operation of law, or (in relation to a prospective agreement) the prospective supplier;

 

they have become the creditor if the have the debt, they are still responsible even if they are not the original creditor (if they havent passed your request on)

 

They have not complied and the time limit is well overdue.......

This debt now cannot be enforced without them having to go to court and produce your agreement. end of story. (if they cant produce it for you,....whats the chance of them producing it in court? )

 

the debt is frozen in time. it has not gone away. BUT they cant do anything about it! in a few years it will slip off the cra's record.

 

It now depends on what you want to do about it.

 

Ideally you should make them admit that they dont have the agreement or cant produce it.

 

obviously taking them to court is the way forward. If they dont have or cant produce the agreement, they wont go to court and if they own the debt they will wipe it off, if not you will get a smartish answer from goldfish

 

no agreement = no debt.......but that will come, your on the right path, if a little slow

 

Next go after goldfish (or wescot again if you can determine who defaulted you....or both, just for fun)

 

Send them a letter saying you've checked your credit file and found a default from them. The thing is you dont ever remeber recieving a default.....etc

 

follow this link below it explains it in detail

 

Remove Default Notices on a Credit File - We show you how

 

its worth a try.

 

I'll have another read and try and digest some of what youve been saying.

 

If I think of anything I'll give you a shout

 

pm me if you have any other queries

 

lastly ....dont panic, its in hand, your doing fine

 

Dave

[tomterm8]

I am no longer welcome on CAG

[remus]

Davefirewalker,

should the Judge not know,Wescot have to supply the agreement even if they are not the original creditor.

As is defined by s)189 of the cca1974

The defendant admits that it has not supplied copy documents to the claimant but any request made by the claimant under secs 77 and 78 of the consumer credit act 1974 were not valid requests as the defendant is not the creditor as defined in the act. - I don't understand they have purcahsed this debt. So they tell me.

 

It is denied that the claimant is entitled to require the removal of the registered data regarding a default. Such data is correct. - Hold on a minute, I thought they said they are not the creditor and they don't own it. So how comes my credit file has Wescot default written all over it.

I'm confused:confused:

Should Heavenly 1 persue the claim?

[davefirewalker]

ok... I have read this properly now. You have already had your claim struck out.

 

judges are not always clued up on the intricacies of the act. they can only go on the evidence before them. if you hadnt put in you poc that wescot had to supply due to s189 then the judge might not otherwise have known. Its very important to cover every aspect thoroughly.

 

Thats in the past now.

 

there seems to be several issues here!

 

Firstly tomterms advice sounds good. wescot have admitted the debt is not theirs and they did not default you. do as he says, if the data IS inaccurate they HAVE to remove it.

 

forget the reclaim for a minute.....

 

1 Who owns the debt? this is going to go round in circles until someone admits its theirs.

 

before they sold it on goldfish would have to inform you by post. and wescot would have to inform you they have bought it. have you had this info ?

 

The only way to get all this info is an S.A.R - (Subject Access Request) unfotunately You have to SAR goldfish and maybe wescot too.

 

the next step would be to cca goldfish you need to get this doc...If it is as crap as all the others then All the hassle will be history anyway.

 

If the S.A.R - (Subject Access Request) turns up that wescot is the owner of the debt........ then they have lied to the judge. I would make sure they squeal like the pigs they are.

 

You NEED the info to proceed.

 

Dave

[Rameses]

if you pay the debt it will be updated to 'satisfied'.

[davefirewalker]

if you pay the debt it will be updated to 'satisfied'.

 

but it will continue to show as a default for however long. and the crdit score will be affected by it

 

the only real way forward is to get them to remove it.

 

Dave

[heavenly1]

Thanks tomterm8. I will send that letter to the CRA with proof of their defence which states that they do not own the debt. I will see what they say.

 

davefirewalker

1 Who owns the debt? this is going to go round in circles until someone admits its theirs.

 

before they sold it on goldfish would have to inform you by post. and wescot would have to inform you they have bought it. have you had this info ?

 

The only way to get all this info is an S.A.R - (Subject Access Request) unfotunately You have to S.A.R - (Subject Access Request) goldfish and maybe wescot too.

 

the next step would be to cca goldfish you need to get this doc...If it is as crap as all the others then All the hassle will be history anyway.

 

If the S.A.R - (Subject Access Request) turns up that wescot is the owner of the debt........ then they have lied to the judge. I would make sure they squeal like the pigs they are.

 

You NEED the info to proceed.

 

 

At the time the debt was sold to Wescot I wasn't notified by Goldfish. Goldfish did send me a default notice, but no paperwork that they had sold the debt on. I then had a letter from Wescot to say pay up now, so I arranged a payment plan with them.

 

I have sent a S.A.R - (Subject Access Request) TO Goldfish (Morgan Stanley) and to LLoyds TSB they both said that they hold no account details for me at all. So as far as they are concerend I never had a Goldfish card.

 

Wescot have said they brought the debt from Lloyds / TSB. But Lloyds are saying they have no records at all of it.

Is it worth me sending an S.A.R - (Subject Access Request) to Wescot at all.

 

Rameses

if you pay the debt it will be updated to 'satisfied'.

 

I don't have enough money to pay the debt all in one go.

[davefirewalker]

An SAr to ltsb will determine if they sold it and when!

 

be sure that if you do sar them you ask for full disclosure of any and all data, including but not limited to notes to the account, statements, letters sent etc.

 

in this way it will become evident who owns it.

 

I really hope it is wescot, then you can tell the court that they lied!!!

 

Dave