Wescott - HELP!

Mimi_Arc_en_ciel

quick question - wescott ringing me in an hour so quick response pretty please!

OH has debts - Had a letter saying he owed Orange money - So i rang orange and paid the debt off and have a reference number etc.

Anyway, wescott sent a letter saying they had the debt so explained that it has already been paid of blah blah blah heres the reference number and off they went

Had ANOTHER letter today from wescott (not heard from them for a while so assumedd they'd realised it had been paid etc) - saying they have tried numberous amount of times to contact OH and got no response (well they wont, he works away, they've spoken to me tho) and the letter says they are sending out a baliff in the next few days.

Now hang on, how can you send a baliff out if the debts been paid? Checked with orange - debt DEFINATLEY PAID and account now closed- is this now classed as harrassment by Westcotts? would they not be tresspassing if a baliff came out? Am assuming i can ring the police, prove the debts been re-paid and they have no right to be on my property (MY property, not OH's)Anyone got any legal terms i can mention when they phone me back other than the **** off i want to say hehe

Cheers!

finito

It's a scare tactic.

I am pretty certain that unless there has been a CCJ in the meantime, bailiff action would be illegal. They would have to get a warrant of execution from the County Court, and that can only be got after the CC have registered the debt.

Your OH would have had to have been notified about any CCJ some time ago?

There are guidlines that a DCA has to abide by, but most of them try to "muddy the water" between what they can and cannot do.

Mimi_Arc_en_ciel

Thought it was a scare tactic but am a little confused as why they think the debt is still outstanding even though they have been told by myself and given a reference number to check with Orange. No CCJ issued, was an old debt that when we realised it was outstanding (am assuming OH secretly knew unless he forgot) was repaid (although not through wescotts)

I enjoy upsetting them - it highlights my day lol i will tell em to get lost when they ring back - apprently their "computers are down" bet they wouldnt be down if i was making a payment eh!

excel1

Debt collection agencies have no legal powers what so ever, a court appointed baliff in this case could only come after a CCJ and a warrant of execution, which as you have paid would never take place.
they can send a doorstep collector, but heres a letter to stop that.

i should have said firstly never speak to a DCA on the phone you dont have to, they will lie cheat and steal to get your money wether you owe or not, dont answer security questions and unless they have your husbands permission shouldnt be talking to you anyway.

This is the letter should you need it for door step collection:




Wescot Credit Services Ltd
PO BOX 137
Hull
HU2 8HF
Dear Sir/Madam

Account Ref

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, 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 an appointment with you.

There is only 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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully



and i would ask orange to call off their dogs because wescot will not listen, you payed orange and they earn no money from that and are too lazy to do thier job of due dilegence to check the debt still exists.

finito

Excel,

Loving that letter!!:rotfl: :beer:

Mimi_Arc_en_ciel

Thanks for the letter - ive called orange already and said that westcott still chasing and they said the will look into it (although that was just today so nothing will be done yet) just want some ammumition for when they call or come round. OH said baliff but checked letter and it says

Door step collection

Dear Mr *******

We have previously advised you that one of the actions we were considering on your account was a COLLECTION VISIT to recover the above outstaning amount from you. (well actually, no they havent informed us, they sent a letter after the debt was paid off basically askin OH to pay debt) As we have also mentioned, we know of no genuine reason why you have failed to repay the above debt (that would be because there is no debt outstanding and they have been told this)

Under the terms of the Office of Fair Trading Collection Guidance, we have a duty to inform you that the next action Wescot will take is to pass your case to a door-to-door collector for recovery. The appointed Door Step Collection Agent will write to you under seperate cover prior to making a visit. (is this the appointment?)

If you would prefer to resolve this matter without the need for a COLLECTION VISIT, please contact us on *** *** **** (tried to contact them to tell em AGAIN its been repaid but they said they needed to call em back within an hour - they have 10 minutes left before i call them yet again)

Sorry - OH said was baliffs lol

pamril1

Having had a similar experience with Wescot and Vodafone I would also advise you to check your OH credit file. My OH had a default placed on his at a time when it was already being paid to another dca.
Raise an official dispute (in writing) with them as they can not persue anything whilst the account is being investigated. (I think there is a letter somewhere I will try to find it fot you)
Wescot don't like to do the leg work we had to prove it was paid and even though copies of all paperwork were sent it took them months to finally close the case but we got there in the end.
Good luck

finito

It really is nothing more than a scare tactic.

I had many and various DCA hounding me for money. I steadfastly ignored each and every threat of court action, bailiffs, home visits etc. And guess what? Not a single court action bailiff or home visit before I eventually saw them all off!!

Mimi_Arc_en_ciel

well i'll tell them when they call back its been paid and give all references etc and i will give them the letter that Excel kindly posted for me so if they do keep harrassing i'll get them done (well at least try to lol)

I'm inclined to just let them do their best - waste of their time isnt it. Dont see why, after having proven the debt is repaid - i should do their leg work for them. Hopefully, Orange will tell them too but i'll see what happens

Mimi_Arc_en_ciel

finito wrote: »

It really is nothing more than a scare tactic.

I had many and various DCA hounding me for money. I steadfastly ignored each and every threat of court action, bailiffs, home visits etc. And guess what? Not a single court action bailiff or home visit before I eventually saw them all off!!

we should have someone like you in each DFW household - I'm actually intimidated by people coming to the door (thankfully not happened for ages as OH sorted most of his debts out) dont have guts to argue back - will pass the letter through the letter box telling em to sod off lol

finito

They want you to do the legwork because it will cost them money if they do it themselves.

It's probably why Orange cannot be ar*ed to do anything to help either. They have their money now, and they are happy.

The DCA just keep banging away at you in the hope you will crack and cough up some dough. You don't owe anything, so don't pay them anything.

The sort of letter Excel has posted, and sent to the DCA recorded delivery, usually does the trick. Once they know you are aware of your rights, they tend to give up and move onto someone a little less clued up.