Wescot chasing & 12+2+30 rule clarification

flibble

Hi all

A few questions for you, I think I know the answers but want to double check before doing anything.

I received a letter from Wescot a couple of weeks ago chasing a debt, it's from a company I used to be a customer of 4-5 years ago and I'm 99.9% sure I have no outstanding debts with them and this is the first letter I've received about it. I sent a (recorded delivery) CCA request letter last week and today received a response from Wescot asking for my last 3 addresses. Can I just respond saying I'm under no obligation to provide these addresses and refer them back to my original CCA letter?

Also, what exactly happens at each stage of the 12+2+30 rule. Am I right in thinking it's:
1. I send a CCA request letter
2. DCA then have 12 + 2 working days to issue one
3. If they don't debt is then on hold until they do for an additional 30 working days
4. If they still haven't issued anything after 30 working days, debt is then effectively dead and I can tell them where to go.

Thanks

flibble

10past6

Hello fibble :hello:

Welcome to the forum, you shouldn’t have sent the CCA request, this is the letter that you should send, the onus is on them to prove you owe the money.

Creditor / DCA
Address


Your Details


Date

Dear Sir/Madam

Account no: xxxxxxxx

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

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

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

I 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 look forward to your reply.

Yours faithfully

ONLY PRINT – NEVER SIGN YOUR NAME

As for the 30 days scenario, 30 days no longer applies, it’s now 12+2, after this, your account enters a “Dispute” basically, they cannot enforce the debt until the dispute is settled.

flibble

10past6 wrote: »

Welcome to the forum, you shouldn’t have sent the CCA request, this is the letter that you should send,

Bum :embarasse

Thanks for replying to my post anyway. I did state at the top of the CCA letter that I didn't acknowledge any such debt with either Wescot or the original creditor, and I definately didn't mention I was once a customer, so do you think I would still be okay? What about my response to their request for previous addresses?

10past6

flibble wrote: »

What about my response to their request for previous addresses?

Ignore it, it's as I mentiomed, the onus is on them, don't give them anything that could harm you.