Wescot - An old Bank Debt

KittyCat1

I received a letter from wescot about 3 weeks ago regarding an old bank account with abbey national bank.Wescot claim i owe £400.The bank account was closed by abbey years ago so i sent them a statute barred letter.Received a reply from wescot this morning saying that on their system a payment is showing of £40 made by giro on 15 jan 2003 so they don't accept the debt as statute barred.Talk about clutching at straws here.They have 4 months left to claim the money until 6 years is up!!!and it becomes statute barred.To be honest,i can't even remember paying wescot anything as it was such a long time ago.Also this account was such a long time ago and i remember Abbey piling this account with loads of charges over the years,which prob could be reclaimed back now anyway,so if anything they'd prob owe me money!.Any suggestions as what i do next,letter to send back to them etc.Thanks in advance.

KittyCat1

Can anybody offer any advice?

Jvic28

I'm no expert and I'm sure someone else will be able to help better but it sounds as though it's not actually stature barred yet so there's not much you can do. I would say you need to pay Westcott. Claiming your charges back from Abbey is a seperate issue now as the debt is actually with Wescott. I don't know all the details but I would set up a payment plan with Westcott but pursue a claim with Abbey seperately (remembering that claims for bank charges are on hold and it could atke ages to sort)

Anyone else have any suggestions as to how to deal with this?

gettingbetter

hi

i wouldnt go ahead and pay
ask them for a signed cca thingy untill you have that they cant prove a thing
someone with more knowledge will be along soon
kas x

RAS

Info on CCA thingy here

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
Template: http://forums.moneysavingexpert.com/...5#post11636295


But note that this applies to credit cards, loans and catalogues, not to bank accounts and overdrafts.

KittyCat1

Thanks,i had a feeling i could CCA them but wasn't sure whether it applied to bank accounts,only loan agreements etc,but its definately worth a try as i can't see them having any paperwork etc as this really was such a long time ago.The only thing i think they have is this giro payment on their systems.I can't get the template letter link to work though.Is it the standard CCA x 3 letters i need to send or would it be a different one?Also,do they have to have CCA's for this bank debt - i'm assuming they do as surely they have to prove they have a legal right that they bought the debt from Abbey and they now own it?

Jvic28

KittyCat1 wrote: »

Thanks,i had a feeling i could CCA them but wasn't sure whether it applied to bank accounts

As far as I'm aware you can't fight the CCA corner with regards to Bank/Overdraft Debt.

RAS

RAS wrote: »

Info on CCA thingy here

But note that this applies to credit cards, loans and catalogues, not to bank accounts and overdrafts.

Kitty

CCAs do not apply to bank accounts.

gettingbetter

oppppppppppps sorry
will go sit on the naughty step
kas x

KittyCat1

Oh,so what should i do?They've asked me to reply within 14 days and say the account is on hold until then.I can't believe they're chasing this up after all this time.

KittyCat1

Anyone?I'd like to get a letter off to them in the morning if possible.