Can someone help me with Wescot Credit Services

kez_s

Hi

I need some advice please, it's a bit of a long winded story but a couple of years ago I had an account with a catalogue company and had an outstanding balance, I then moved house and re-directed all my mail to my new address at the same time I became very ill in my pregnancy and had to go to hospital on a daily basis, thinking all my mail was being re-directed I thought no more about it, anyway a couple of months ago I received a letter from Westcot to my now address but addressed to me in my maiden name, confused I opened it and it read that I owed a sum of money to a company called Pheonix I think. Anyway still confused I phoned them and advised I had not heard of this company and I had been married for over 5 years - what was this all about.

As it turns out the company they were acting on behalf of was another debt agency who in turn were acting on behalf of the catalogue I owed money to - what had happened was the catalogue was in my maiden name as they were the only company who refused to change my name unless I sent them the original copy of my wedding certificate which I refused to do and speaking to others I was only obliged to send a copy - also considering they had lost cheques from me I didn't give much hope on my marriage cert.

Anyway when I had redirected my mail I had forgot this was in my maiden name and would not be redirected, I had so much happening at the time and was so ill I totally forgot all about it until I received this letter.

I did contact the catalogue and apologised, etc., and gave an explanation, they were very sympathetic but said it was no longer anything to do with them and they could not help.

Anyway the difference of what I owed the catalogue and what Westcot are asking me for is over £120 more, when I asked what all this was for they said charges but said they could not tell me anymore and basically to pay up as I owed it. I asked for a breakdown or some sort of evidence to back the balance and was happy to pay a debt but wanted to know exactly what I was paying for - they again said it was not possible and to pay up.

Anyway being a bit worried I arrnaged to pay £25 pm but as they could not set up a direct debit I had to pay by card every month when they phoned, this month I have been away for a few days and they have just rung me, initially I had no idea who it was who was calling and was asked for my address, I asked who it was as I hadn't caught what she had said and she replied, you know exactly who it is then a whole load of more muffled stuff and slammed the phone down on me. Still not knowing who it was I rang 1471 and got the number to find it was Wescot services, the women I spoke to though not the same was also very aggresive and started going on about how I had defaulted on my account, etc., and I explained I had been away and had obviously missed their call, she then continued in an even more aggresive manner and I said that if they could just set up a direct debit then there would not be a problem and I couldn't help missing their call, she then advised they could only take a payment from me by card.

Anyway, I feel pretty sick about it, I am happy and expect to pay back anything I owe but I am being spoke to like dirt, I can't even understand them half the time and I am still unhappy about paying back a sum that is different from what I owed with no evidence to back it up.

What should I do? Any help appreciated.

RAS

Please start by copying what you have put above and expanding it if you can recall any more of the conversation today.

You need to make a formal complaint to them and others whose contact we can post for you.

Then read the OFT Guidelines which this lot have broken comprehensively.

If it was more than 6 years between the date you last paid the catalogue and the date you recommenced payment, the debt is probably statute barred and you do not have to pay. If it is less than 6 years, you should be able to reclaim the charges.

You should not be paying them on a card or by DD as there is nothing to stop them making "unauthorised" payments on the basis of your previous agreement. You need to set up a standing order.

You also need to stop talking to them on the phone and deal with them only in writing.

kez_s

Ok, thanks.

It was less than 6 years ago but they have said over £120 is charges but again they couldn't tell me who had applied these charges.

They have said I have to phone them later by 9pm with my bank card as I went to get it when I was on the phone earlier and I realised my dh has gone off with it as he is waiting for his new card and I needed some money.

I have just a few minutes ago received a letter from them saying they I am in arrears of £25 and if I don't pay that they have the right to to take further action for the full balance by court proceedings or a referral of your debt to a door step recovery organisation for a home collection visit. Who the hell are they the mafia or relations of the Krays?

I have never dealt with anyone like this and they make me feel really sick.

RAS

Kez

The door step collector, if it exists has the same legal stauts as the paper boy - none.

I think the best thing to do here is to wham off a CCa letter to see whether they have the legal right to even collect this money.

Will be back.

RAS

If they are unable to produce a copy with the required prescribed terms, then the debt may be unenforcable and payment need not be made to the debt.
Have you requested copies of the customer credit agreements (CCA) for the creditcard and loan debts? If they are unable to produce them, with the prescribed terms, then the debt may be unenforcable.
Details: http://forums.moneysavingexpert.com/....html?t=578486
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kez_s

Are you sure, as they really worry me, my oh is in the forces so a lot of the time I am on my own with two small children and I really couldn't deal with someone trying to take what little stuff we have.

I've looked the company the debt has been passed from is Pheonix Recoveries (UK) Ltd. S.a.r.l and doing a search through on here they seem like another bunch of charmers so I don't even want to phone them and try and get a breakdown as any communication from them must have gone to my old address.

kez_s

RAS wrote: »

Have you requested copies of the customer credit agreements (CCA) for the creditcard and loan debts? If they are unable to produce them, with the prescribed terms, then the debt may be unenforcable.

Credit card? Loan? Sorry I am confused, it was for a catalogue. From who should the CCA be from, the catalogue.

RAS

Kez

Absolutely sure.

Even bailiffs cannot force their into your house for a consumer debt. If you are daft enough to let them in, then they can come back. However, first the DCA have to go to court, agaisnt which you can defend your self then you have to fail to keep the terms of the agreemnt, then they have to go back to court and then you have to... takes ages.

RAS

CCA, catalogue, credit card or loan - george's links niucked and posted here.

Got to go.

kez_s

Hi, have been looking at all the info and I am not sure which letter to start with. I am aware I owe money to the catalogue company concerned but I have no info (due to I presume being sent to the wrong address) of it being passed to the second company Pheonix which is whom Wescot are acting on behalf of, obviously I also despute the amount. My husband answered a call from the yesterday and said I would not be in communication with them by phone and a letter would be sent in due course, to which they responsed, you can tell her we will still be phoning, they have again phoned me a moment ago and I gave the same reply and put the phone down.

I really am not sure which template to start with as a few seem appropriate.

fermi

If you want to request a copy of the Consumer Credit Agreement and a statement of account, then there is the letter here:

Link: Factsheet | Getting a copy of your credit agreement, account details and a statement of account.