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Wescott - HELP!

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13

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  • finito
    finito Posts: 93 Forumite
    Part of the Furniture Photogenic Combo Breaker
    The problem with most DCA is one hand doesn't know what the other is doing. When they phone you it is generally an auto dialling type system that will connect you to any available bod in the DCA. Hence you never get the same person twice kind of thing. That is also why some people get "silent" phone calls. No available bod for the dialling machine to connect you to. Unless the bod you do talk to either makes a note on the system, or gets off their harris and actions anything, you are just back on the auto redial for more phone calls. I think most of these DCA phone bods are on commision, so it is not generally in their interest to bother with you if they ain't gonna get their pound of flesh out of you!

    Do everything in writing. DCA hate folk that write, they have to either reply, which costs them, or ignore it and phone you, which nearly all prefer. On the phone they can bully, harass and lie in order to get money out of you. In writing, you are not really profitable for them.

    Send them the stat letter as detailed by Excel. There is also a stat letter that demands they only deal with you in writing. I have used it, and it works!

    Also, ask for proof that there is a debt outstanding as you are unaware of any outstanding debts, and will therefore not be paying for what you do not acknowledge you owe, and they cannot prove you owe.

    It really is as simple an analogy as me writing to you and saying, you owe me X amount but without providing you any proof of the debt. Would you really consider paying me?

    Of course, if the answer is yes, I will send you my name and address!!!!!!!!:rotfl: :D:p
  • pamril1
    pamril1 Posts: 500 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Or you could try adding this.

    Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

    Furthermore I shall counter-claim that any such action constitutes unlawful harassement.

    Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

    This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

    Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

    It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

    Should you not respond within 14 days I expect that this means you agree to remove all such data.

    I reserve the right to report your actions to any such regulatory authorities as I see fit.

    You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.
    Supporting the Childhood Eye Cancer Trust
  • excel1
    excel1 Posts: 95 Forumite
    i love sending them letters!
    send this one, now the bit about not signing it is true but in this case there will be no credit agreement because its under contract law not consumer credit act 1974 and 2006

    Dear Sir/Madam

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

    I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

    I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

    I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

    I/we look forward to your reply.

    Yours faithfully
  • finito wrote: »
    It really is as simple an analogy as me writing to you and saying, you owe me X amount but without providing you any proof of the debt. Would you really consider paying me?

    Of course, if the answer is yes, I will send you my name and address!!!!!!!!:rotfl: :D:p

    am dumb, but im not THAT dumb lol have put the letter on a USB so OH can print it off (very sneakily) at work

    Thanks everyone xxx
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    It is simple: you owe nothing - Wescott insist that you owe something - it is totally up to Wescott to prove that you actually DO owe them something, and not, as WESCOTT seem to be insinuating, the other way around:

    Send Wescott a copy of the National Debtline Template letter (amended to suit your circumstances):

    http://www.nationaldebtline.co.uk/england_wales/temp/7023_86581.pdf

    Also, have a look at the OFT Debt Collection Guidelines to see how the thugs at Wescott should behave, and report any deviancy to Trading Standards:

    http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

    Good luck.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • excel1
    excel1 Posts: 95 Forumite
    or to really annoy them add pamril's onto mine and you have got a nicely annoy letter for them to get stuffed with.
  • pamril1
    pamril1 Posts: 500 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    It's nice to turn things back on the lowlife dca's isn't it?:D
    Supporting the Childhood Eye Cancer Trust
  • i wonder if wescot have an "avoid these ppl" list - and if you two are on it lol
  • smashedbooboo
    smashedbooboo Posts: 4,558 Forumite
    Part of the Furniture Combo Breaker
    Thanks Rog, i have also bumped my thread up with a load of tepmlate letters from amongst others NDL. I know some peeps are not computer savvy so have put them in one thread. Last yr sometime Bumped said thread up for now. I know i for one did not like leaving the site at the time. It was scary enough as it was. And good luck with your little problem Mommy xxxxxxxxxxxxxxxxxx
    Night Owl Member No 1 :rotfl: :rotfl:
    Night owl member of the threesome. Rules are for fools to follow and wise men to be guided by
    No Man is worth your tears,
    And the one who is wont make you cry !!!!!
  • pamril1
    pamril1 Posts: 500 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I haven't finished with them yet either lol.
    Got to get that default removed of OH credit file, apparently they have been very naughty in putting it on in the first place and need their wrists slapping yet again from me. Of course I am only too happy to provide them with a free kick up the behind to motivate them :D
    Supporting the Childhood Eye Cancer Trust
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