Pebbles88 UE Diary

[pebbles88]

Re: Pebbles88 UE Diary

am just gonna send the door step threat letter again.

[pebbles88]

Re: Pebbles88 UE Diary

well well

westcot wrote today... Door step collection notice...

they already had this reply before it got sent to nelson guest with a door step threat s*d off included

14th July 2011

Westcot Credit Services Ltd
PO Box 137
Hull
HU2 8HF



Dear Westcot,

I write with reference to the above numbered account and note with regret that you have taken the time to look into this matter further.
Do you need me to point out that this account is formally in dispute with National Westminster Bank, Triton Credit Services, RMA & now Westcot and has been since they all failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. As such, any litigation you may decide to take will be vigorously defended and I will counter claim for all quantifiable damages and costs, upon having the summons set-aside, due to the dispute and your knowledge of my dispute.

I therefore suggest you go away and stop harassing me with such nonsense. If you really want to waste my time, the courts time and your clients time by pursuing this "lost cause" then please feel free - however this will be emphasised when I apply for set-aside, more so because I am telling you the law and telling you that whilst an account is in dispute no formal action can and should be taken.

I shall be citing the following reasons; to get any formal request made by you set-aside:

• The creditor failed to comply with the rules and prejudiced the debtor in the process.
• The demand was issued in error.
• The amount stated on the statutory demand is disputed.

• Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act.

I also appreciate and understand the provision of the recent Carey v HSBC {and others} case that stipulates a reconstituted agreement can be provided; however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original, then a recon cannot be produced.

Similarly, in line with the most recent OFT Guidance surrounding unenforceability (October 2010), you should be aware that the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:
§a copy of their agreement
§copies of some of the other documents mentioned in their agreement
§a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
§make the debtor pay the debt before they're supposed to
§get a court judgment against the debtor

I have made myself crystal clear, now I suggest you go and pass this account back to National Westminster Bank and stop with the bullying tactics, they will not work; also stop wasting my time. If you decide to ignore my dispute and attempt enforcement, I will initiate formal complaints with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

Furthermore, Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

Please be aware I will only deal with you in writing

Yours faithfully




should i just send another door step threat letter? even though they already had one?

[Never-In-Doubt]

Re: Pebbles88 UE Diary

You'll need to offer a fiver, or at least a pound even....? Anything is better than nothing......

See how you get on and what they say when you send that letter above

* Good luck with interview for OH

[pebbles88]

Re: Pebbles88 UE Diary

See what happens, luckily as it's just an o/d you don't actually need to repay it, just fund the account to keep it live but yea, you will get charged the typical £1 per day from HFX. OR login and open a secondary account (the classic current account) which has a different charging structure for overdrafts......

Their charges are slightly different now I think......

Good Luck

we dont have anything to fund the account with at the mo though, thats the worry, OH has a 2nd interview this week for a job, and he has told em he can start asap - so that might help.

[Never-In-Doubt]

Re: Pebbles88 UE Diary

Thanks Niddy, I'll start with the one you outlined and go from there with them. fingers crossed, but not holding my breath with it.!

See what happens, luckily as it's just an o/d you don't actually need to repay it, just fund the account to keep it live but yea, you will get charged the typical £1 per day from HFX. OR login and open a secondary account (the classic current account) which has a different charging structure for overdrafts......

Their charges are slightly different now I think......

Good Luck

[pebbles88]

Re: Pebbles88 UE Diary

Thanks Niddy, I'll start with the one you outlined and go from there with them. fingers crossed, but not holding my breath with it. I know what barstools they have been over a lot less money!

[Never-In-Doubt]

Re: Pebbles88 UE Diary

Templates for general debt and the likes, are found here: ---> Templates - General Debt

[Never-In-Doubt]

Re: Pebbles88 UE Diary

hello guys,

i need some help with a letter. short story. we have a halifax overdraft that we have been in for a while, all been ok with it so far, have been paying in a certain amount, then transferring it back out to our new accounts just to keep the o/d facility there. we do accrue some interest on it, but has been manageable and whilst we have been concentrating on the other debts, we have let it be.

however now with OH losing his work, we cant continue as we are. So i want to write to the bank to ask them to freeze the overdraft, and hopefully, be good enough to freeze charges too so that we can pay an amount each month to reduce the balance.

is there a template one on here? Have had a look, but not found any so far.

hope to hear soon, thanks

Usually for freezing interest you can send templates, yes - but the actual specifics of freezing the OD and using it like a payment plan thing is specific so you need to do that.... However I would go with something along the lines of:

Dear Sirs

Account No/Reference No: XXXXXXXX

I write with reference to my personal overdraft attached to my current account, however due to my partner losing his job it's now impossible for me to clear the overdraft and I wonder if you are prepared to assist by way of freezing all charges for a few months, whilst we get back on our feet?

In view of these circumstances, please would you agree to accept a reduced offer of £xx.xx per month. If interest or other charges are being added to the account I would be grateful if you would freeze these so that all payments made will reduce what I owe. Should my circumstances improve I will contact you again. In the meantime, I'd appreciate it if you could send me a paying-in book / standing order form to make it easier to pay you.

Thank you for your assistance, I look forward to hearing from you as soon as possible.

Yours faithfully

[pebbles88]

Re: Pebbles88 UE Diary

hello guys,

i need some help with a letter. short story. we have a halifax overdraft that we have been in for a while, all been ok with it so far, have been paying in a certain amount, then transferring it back out to our new accounts just to keep the o/d facility there. we do accrue some interest on it, but has been manageable and whilst we have been concentrating on the other debts, we have let it be.

however now with OH losing his work, we cant continue as we are. So i want to write to the bank to ask them to freeze the overdraft, and hopefully, be good enough to freeze charges too so that we can pay an amount each month to reduce the balance.

is there a template one on here? Have had a look, but not found any so far.

hope to hear soon, thanks

[pebbles88]

Re: Pebbles88 UE Diary

Just ignore that for now.

okies, will do. Thanks for replying so quickly!

[Deepie]

Re: Pebbles88 UE Diary

oops....got to this too late!

had already replied to westcot, with the letter as detailed above, just got reply yesterday from westcot.....

"we refer to your recent communication. Having contacted our client they have advised they issued a final response on 15/5/09 confirming that they had complied with your CCA request and full balance is due.

in the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return.

then just goes on to list payment method options.

if in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection"

heads fuzzy today, had an operation yestreday and struggling to think!

what/if/should i reply with? or just ignore?

OH has just lost his job, my wage doesnt cover all our bills, its the 20th anniversary of losing my father, huge disaster last wkend with my sis & overdose following her getting beaten by her slug/dog poo of a partner, mum not getting any better.

never rains but pours eh. sorry for the self pity, just could really do with a break from this, or something nice happening.

Just ignore that for now.

[pebbles88]

Re: Pebbles88 UE Diary

Hiya

Noooo - ignore what they tell you! THEY wrote to you, so respond to them - NOT Wescot. Wescot will annoy you directly in due course, for the time being just send that to GPB or ignore it. Its up to you.

oops....got to this too late!

had already replied to westcot, with the letter as detailed above, just got reply yesterday from westcot.....

"we refer to your recent communication. Having contacted our client they have advised they issued a final response on 15/5/09 confirming that they had complied with your CCA request and full balance is due.

in the circumstances, we believe the dispute has now been resolved and the full balance or an agreed monthly instalment is required by return.

then just goes on to list payment method options.

if in the event you believe you still have a valid dispute, please contact us with the details within the next 14 days otherwise your account will be returned to our recovery team for collection"

heads fuzzy today, had an operation yestreday and struggling to think!

what/if/should i reply with? or just ignore?

OH has just lost his job, my wage doesnt cover all our bills, its the 20th anniversary of losing my father, huge disaster last wkend with my sis & overdose following her getting beaten by her slug/dog poo of a partner, mum not getting any better.

never rains but pours eh. sorry for the self pity, just could really do with a break from this, or something nice happening.

[Never-In-Doubt]

Re: Pebbles88 UE Diary

ah i see, on reading the full letter again, i can see it does say to contact westcot.....so same game, new outfit...

i will send the letter back to westcot.....

wonder what they will do if i don't answer....???

Hiya

Noooo - ignore what they tell you! THEY wrote to you, so respond to them - NOT Wescot. Wescot will annoy you directly in due course, for the time being just send that to GPB or ignore it. Its up to you.

[pebbles88]

Re: Pebbles88 UE Diary

ah i see, on reading the full letter again, i can see it does say to contact westcot.....so same game, new outfit...

i will send the letter back to westcot.....

wonder what they will do if i don't answer....???

[pebbles88]

Re: Pebbles88 UE Diary

hello

i have just gone to start my reply back to Nelson Guest, and am a bit flummoxed by something.....

there is an address for nelson guest.... but on the reverse of the letter, right at the bottom, there is a disclaimer... lots of blurb, we believe you have been offered all the info you need to settle this matter etc etc. it then states to resolve any queries to refer them to Westcot Credit Services....

I have already sent the above letter to westcot when they got shirty & started to threaten. SHould i send it again in reply to this solicitors letter? why are the wassocks getting nelsons to send a letter then putting that all queries need to go bk to westcots?