Help - What do I do now?

[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.

[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.