Help! What to do now?

[Never-In-Doubt]

Re: Help! What to do now?

Well done matey

Just ignore it, yep! It's farcical isn't it?

[antsean]

Re: Help! What to do now?

Hi there Niddy and everyone else!

Just to let you know I have had a reply from Westcot following my sending the letter above to them, as you told me to. This is what I recived back today.

'Dear Sir

Further to your recent request for a copy of the signed agreement.
Unfortunatley we are unable to provide you with the information and confirm that the account has been returned to our client. Please contact them directly.
Trusting the above clarifies the situation'.

So-that sounds like a result for now-no doubt Ace will get another DCA to try it on again soon-but at this rate they will be running out of em, as that's two so far that have skulked away from this-thanks to yourself Niddy and this fantastic forum of yours!!

I take it I just leave it now and don't contact Ace catalogues directly as Westcot have suggested!

Best wishes

Ant

[Never-In-Doubt]

Re: Help! What to do now?

Cheers Ant; let us know how you get on - as you say, they really can't do much regardless!

[antsean]

Re: Help! What to do now?

Ant,

Send this back to Moorcroft - that will sort them out. It was done quickly so spell check it etc first....

Don't worry, as my letter suggests they cannot touch you. You are in command here. Also, i've knocked £50 off so the most you'll be paying now is £10 x 6 so £60 ;30

If theydo not like it then we'll take it further and that way they'll get a £500 fine, which i'll then argue was unnecessary under the circumstances, level of complaint and also current legislation - we'll beat them, don't you worry. 2

You got a pissed off Niddy on side (is that a good thing or a bad thing lol) ;Hmm

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Ace Gifts and has been since they, not only failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974), but they wrote back to me and told me "I should have my own copy" which is a clear and blatant breach of the CCA.
  
  I am disgusted at their attitude, and yours. You mention that your client wan't the full amount recovered, well let me tell you this; the only amount I am liable for is the original debt of £112 - the charges were agreed to be waived and I expect that to be honoured, I do not care if Ace Gifts now change their mind, I was told that I would not be charged and therefore was led to believe that was the case. As such, this account is formally in dispute and as a result, no formal action can be taken.
  
  I also note you mention you'll consider litigation, please do not make me laugh - no court in this land would accept your argument and for the paltry amount involved, I guarantee you now that I shall defend this with all my power and reclaim all charges incurred from you, via submission of a costs order from the courts. I have offered £10 per month for 11 months, that is your lot. Accept it or send me the purported CCA and then i'll go down the unenforceability route meaning you'll get nothing.
  
  I am not joking, no more messing about and treating me like an idiot. I was extremely ill with cancer at the time I was being harassed and in case you were not aware, harassing me to the point of additional illness is not only unethical but one of the biggest breaches of OFT Debt Collection Guidance going. I strongly suggest you go back to Ace Gifts and tell them you're accepting my kind gesture to repay £10 per month for 6 months - as I am now claiming £50 compensation for the hassle and pain suffered over the last few months. I should also point out that my next move will be to report them to the governing body, meaning an instant fine of £500 to help toward mediation and investigation costs - so for £112 is it really worth it?
  
  As part of the offer, to pay £60 over 6 months I also expect, as standard, my credit file(s) to be marked as settled with the balance showing £0 and also the incorrect and unlawful default removed. As the account has been formally in dispute with both balance and enforceability; no default should ever have been issued especially not so long after the actual debt arose - you are aware that you should be placing a default within 6 months of the first missed payment surely? Then why was one placed on my record after 10 months, when the account was formally in dispute with the lender failing my CCA Request, adding unlawful charges and harassing me whilst I was suffering from cancer? I think you can see where i'm going with this...
  
  Please, do not waste my time with your idle threats any longer. I will send you £10 per month for 6 months commencing end of Sepember, just write back and confirm it or pass the account back to Ace Gifts, and tell them to expect contact from the ICO and the FOS for their breaches. You really don't want to push me on this because it has been error after error and my findings will shock the governing bodies to the core - rest assured of that!
  
  Yours faithfully,
  
  
  Sign digitally

Thanks for such a quick response Niddy-I will send the letter above that you initially wrote for Moorcroft DCA to Westcot tomorrow morning and see what happens, as you say.

I totally trust you by the way with this as I know that after the way Ace and Moorcroft behaved they cannot really do anything. I just get confused as I was under the impression that, because I put this account into formal dispute with both Ace Catalogues and with Moorcroft DCA, and they have failed to respond accordingly to my proposal of settling the disputed amount-that they are not allowed to just pass it or sell it to another DCA, namely Westcot. Even in the OFT guidelines it says that it's unfair to involve a number of DCA'S. But thinking about it -it does'nt say it's unlawful, so I spose that's the way it has to be played out!

Will send the above letter anyway off to Westcot and see what happens next!

Thanks once again for all your hard work

Ant

[Never-In-Doubt]

Re: Help! What to do now?

Hiya!

Was'nt expecting to write again so soon about the trouble I'm now having with Westcot trying to muscle in on this account already in dispute with Moorcroft and Ace catalogues.

Below is the letter I've had this morning in response to my letter dated 16th February which I emailed over to you before sending it, telling them to send the account back to Moorcroft/Ace as it was in serious dispute with them already and they should not have gone quiet and then passed it to Westcot, without even telling me.

"We refer to your communication regarding the above account. Whilst we acknowledge the contents of your letter, to enable us to investigate this matter further, please provide us with full details in writing in order that we can liase with our client.

We look forward to receiving the above as soon as possible, together with payment of the part of the balance which is not in dispute".

Just to remind you Niddy this is over a paltry £256.70, and after the hell they have all put me through, which has affected my health it was actually the whole lot that was in dispute. I sent off several letters to Moorcroft offering them a settlement of £60 payable over six months, which they ignored, so you advised me to just keep sending the same letter-which was when they went quiet! Now all of a sudden Westcot have got the account-I REALLY hope that you will say that I can send them a letter stating that they are to return the account to Moorcroft/Ace as they have acted unlawfully by passing it onto Westcot whilst the account was formally in dispute, and not to contact me again.

Obviously though if I can't do that then your help would be invaluable!

Hiya,

Just send them a copy of the main complaint I done for you that you sent to Moorcroft - that explains it all..... They will then either deal with it or return it. Don't worry - they aint gonna be able to do anything to you - trust me ok?

[antsean]

Re: Help! What to do now?

Hiya!

Was'nt expecting to write again so soon about the trouble I'm now having with Westcot trying to muscle in on this account already in dispute with Moorcroft and Ace catalogues.

Below is the letter I've had this morning in response to my letter dated 16th February which I emailed over to you before sending it, telling them to send the account back to Moorcroft/Ace as it was in serious dispute with them already and they should not have gone quiet and then passed it to Westcot, without even telling me.

"We refer to your communication regarding the above account. Whilst we acknowledge the contents of your letter, to enable us to investigate this matter further, please provide us with full details in writing in order that we can liase with our client.

We look forward to receiving the above as soon as possible, together with payment of the part of the balance which is not in dispute".

Just to remind you Niddy this is over a paltry £256.70, and after the hell they have all put me through, which has affected my health it was actually the whole lot that was in dispute. I sent off several letters to Moorcroft offering them a settlement of £60 payable over six months, which they ignored, so you advised me to just keep sending the same letter-which was when they went quiet! Now all of a sudden Westcot have got the account-I REALLY hope that you will say that I can send them a letter stating that they are to return the account to Moorcroft/Ace as they have acted unlawfully by passing it onto Westcot whilst the account was formally in dispute, and not to contact me again.

Obviously though if I can't do that then your help would be invaluable!

[antsean]

Re: Help! What to do now?

Will do-and thank you again.

[Never-In-Doubt]

Re: Help! What to do now?

Basically you sit and wait for Wescot to respond and then i'll sort you a response, yea?

So for the moment, forget this.

[antsean]

Re: Help! What to do now?

Sorry about the confusion Niddy!!

Yep that's right what you say. In a nutshell the debt was with Ace and they got Moorcroft involved. Moorcroft eventually went dead quiet and then I got a letter from Westcot about the same debt with Ace saying they had been instructed by their clients to recover the full amount! I then drafted a letter that I sent to you, basically telling Westcot to send the account back to ace/moorcroft as it was in dispute and nothing to do with them.

And then today I had the Westcot letter above saying they were going to investigate it, so ignoring my request to send it back to moorcroft or ace. I thought it was'nt quite right that a debt could be passed from pillar to post if it was in dispute and without my knowledge!

Will do exactly as you say and wait for you to do me a quick letter or tell me what to say!

Sorry once again for the confusion!!!

[Never-In-Doubt]

Re: Help! What to do now?

Ahhh,

I've just realised - this is the account that we're actually disputing isn't it? I've just re-read the thread and found the following - now that helps explain things better to me! Now you know why I need you to offer me a timeline of events and a proper update - so I can keep of top of things (remember I deal with hundreds of enquiries daily so cannot remember everyones details)...

When this is formally sold on, and you get another letter regards to the outstanding complain, i'll come back to this. In the meantime, don't do anything, we will fight this as they cannot sell a disputed debt.

Dear Sirs,

Account No: XXXXXXXX

I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Ace Gifts and has been since they, not only failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974), but they wrote back to me and told me "I should have my own copy" which is a clear and blatant breach of the CCA.

I am disgusted at their attitude, and yours. You mention that your client wan't the full amount recovered, well let me tell you this; the only amount I am liable for is the original debt of £112 - the charges were agreed to be waived and I expect that to be honoured, I do not care if Ace Gifts now change their mind, I was told that I would not be charged and therefore was led to believe that was the case. As such, this account is formally in dispute and as a result, no formal action can be taken.

I also note you mention you'll consider litigation, please do not make me laugh - no court in this land would accept your argument and for the paltry amount involved, I guarantee you now that I shall defend this with all my power and reclaim all charges incurred from you, via submission of a costs order from the courts. I have offered £10 per month for 11 months, that is your lot. Accept it or send me the purported CCA and then i'll go down the unenforceability route meaning you'll get nothing.

I am not joking, no more messing about and treating me like an idiot. I was extremely ill with cancer at the time I was being harassed and in case you were not aware, harassing me to the point of additional illness is not only unethical but one of the biggest breaches of OFT Debt Collection Guidance going. I strongly suggest you go back to Ace Gifts and tell them you're accepting my kind gesture to repay £10 per month for 6 months - as I am now claiming £50 compensation for the hassle and pain suffered over the last few months. I should also point out that my next move will be to report them to the governing body, meaning an instant fine of £500 to help toward mediation and investigation costs - so for £112 is it really worth it?

As part of the offer, to pay £60 over 6 months I also expect, as standard, my credit file(s) to be marked as settled with the balance showing £0 and also the incorrect and unlawful default removed. As the account has been formally in dispute with both balance and enforceability; no default should ever have been issued especially not so long after the actual debt arose - you are aware that you should be placing a default within 6 months of the first missed payment surely? Then why was one placed on my record after 10 months, when the account was formally in dispute with the lender failing my CCA Request, adding unlawful charges and harassing me whilst I was suffering from cancer? I think you can see where i'm going with this...

Please, do not waste my time with your idle threats any longer. I will send you £10 per month for 6 months commencing end of Sepember, just write back and confirm it or pass the account back to Ace Gifts, and tell them to expect contact from the ICO and the FOS for their breaches. You really don't want to push me on this because it has been error after error and my findings will shock the governing bodies to the core - rest assured of that!

Yours faithfully,


Sign digitally

[antsean]

Re: Help! What to do now?

Hiya-I'm with you now-sorry for sounding dim!

I'll just have to let Westcot investigate my account then (Like Moorcroft did), and wait for them to write and tell me I've gotta pay. Then I suppose I challenge the enforcability all over again-will cross that bridge when it happens and will always post on here before I do anything!

I's bang out of order though that Moorcroft and Ace can sell this onto Westcot, even though I put the account into dispute with them-and without even informing me what they were going to do!

[Never-In-Doubt]

Re: Help! What to do now?

Hi Niddy

Sorry if I sound abit thick but I don't really understand your answer!
Are you telling me then not to send anything at all to this Westcot-not even the letter in the link that you've written?

That does'nt sound right to me as in the letter above they sent it already says they're going to investigate it-which I dont want them to do as it's going to mean I'm starting exactly the same argument but with a different DCA over an account that already in dispute with Moorcroft!

I am saying send nothing cos they are already dealing with your LAST query so you cannot send anything else until they respond to the existing query that they are writing about.....

They always work like this, you'll be passed from pillar-to-post and this is normal, and to be expected. One DCA threatens you, you fight back, they give up and sell it on - then the same process again and again..... eventually things die down/come to a head - but not for a year or so. Moorcroft no longer have assignment to this debt, forget them - that's in the past now i'm afraid.

Make sense?

[antsean]

Re: Help! What to do now?

Hi Niddy

Sorry if I sound abit thick but I don't really understand your answer!
Are you telling me then not to send anything at all to this Westcot-not even the letter in the link that you've written?

That does'nt sound right to me as in the letter above they sent it already says they're going to investigate it-which I dont want them to do as it's going to mean I'm starting exactly the same argument but with a different DCA over an account that already in dispute with Moorcroft!

[Never-In-Doubt]

Re: Help! What to do now?

What would you suggest I do? Send the letter in the link above, as it does say in there about returning the account to the original creditor as it's in dispute, or should I write something different that concentrates solely on the fact that they should not be trying to elbow in on this matter and if they don't back off now then it will be court action? If thats the case I could do with some legal terms to fling at them in the letter, so they know to basically bugger off!!!

I suggest you ignore them - they will come back, they always do! Its how UE works, it goes round in circles and you wait their errors, which do occur - quite frequently.....

[antsean]

Re: Help! What to do now?

Hi there again!

Thanks everso much for the link to the letter to send to these Westcot idiots-however, just I was about to print that off this morning, I got another letter from them, which is below!

"We acknowledge that you have raised a query on this account and we would like to confirm to you how this will be investigated.
We will suspend all collections activity on the above account whilst the matter is under investigation. This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated.
However, we may need to contact you if we require further details or wish to clarify any information that you have provided to us.
As our investigation of your query will require us to contact our client. this process may take several weeks. We would appreciate your patience during this time.
If further information to help us investigate or resolve the query can be provided. we would be grateful."

It seems like they are trying to take over the account from Moorcroft, and what worries me is that it's just going right back to the start again-where I'm having to go through exactly the same process with them instead of Moorcroft-and off we go down the same path again!

What would you suggest I do? Send the letter in the link above, as it does say in there about returning the account to the original creditor as it's in dispute, or should I write something different that concentrates solely on the fact that they should not be trying to elbow in on this matter and if they don't back off now then it will be court action? If thats the case I could do with some legal terms to fling at them in the letter, so they know to basically bugger off!!!