Wescot

money_wiser_2

I received a demand for payment of a debt from Wescot debt collection agency back in November. I sent out the letter asking for proof that I owe this debt with a postal order for £1 which i'm hoping is the correct amount. Anyway they didn't reply until a month ago stating that if I did not contact them and pay up they would send either a collecter to the door or return the debt to the original company. I don't even know who this debt is from or if I owe this. A door collecter has been but we didn't answer the door and now Wescot are threatening legal action.

Can anyone tell me what to do please. They did receive the request with the postal order as I have proof of delivery but they are harrassing me by letters. I have received far more letters than stated here i'm just thankful that they do not have a telephone number. Can they force me to pay this debt even though I don't know what it is for or whether or not it is my debt?

BlueAngelCV

No they can't. Write a further letter to you advising them that the account is in dispute and requesting documentary evidence of the debt. Send it recorded delivery.
You do not have to pay anything until they provide proof of the debt.

10past6

money_wiser wrote: »

I sent out the letter asking for proof that I owe this debt with a postal order for £1

Did you send this letter?

Dear Sir/Madam
Account no:
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

Or this one?

Dear Sir/Madam
Re:− Account/Reference Number: XXXXXXXXX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
We look forward to hearing from you.
Yours faithfully

Having included a £1.00 fee I suspect you've sent the CCA request.

Merlinexcalibur

You may also find you may receive help if you posted in a visually aiding font colour. I note you mentioned you had disability in your first post, so please take that not as cricticism but that others reading may also have disabilities eg sight. But it's still too vivid a colour for anyone to read regardless. Black is the more neutral, more easily read colour for example. Anyway, welcome.

and pay

up they would send either a collecter to the door or return the debt to the original company.

I don't even know who this debt is from or if I owe this.

Bit contradictory? As 10past6 is also querying you appear to have CCAd them when you are not even sure it's your debt.

A door collecter has been but we didn't answer the door and now Wescot are threatening legal action.

Anyway, others here will help you all this. What did you send them £1 for anyway if you aren't sure it's your debt? It's all slightly confusing.

VanillaDelia

We have today received letters from them demanding money also. It was for 2 02 mobile phone contracts which we have put in our DMP. These are out 1st letters.

Just thought I would mention it incase O2 has something to do with yours.

money_wiser_2

10past6 wrote: »

Did you send this letter?

Dear Sir/Madam
Account no:
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

Or this one?

Dear Sir/Madam
Re:− Account/Reference Number: XXXXXXXXX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.
We understand a copy of our credit agreement should be supplied within 12 working days.
We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
We look forward to hearing from you.
Yours faithfully

Having included a £1.00 fee I suspect you've sent the CCA request.

Yes I did I sent the second one, the CCA request. I take it that was the wrong letter?

money_wiser_2

VanillaDelia wrote: »

We have today received letters from them demanding money also. It was for 2 02 mobile phone contracts which we have put in our DMP. These are out 1st letters.

Just thought I would mention it incase O2 has something to do with yours.

thanks but I don't think so as I've had pay as you go for a good few years now and I don't remember owing anything.

money_wiser_2

Merlinexcalibur wrote: »

You may also find you may receive help if you posted in a visually aiding font colour. I note you mentioned you had disability in your first post, so please take that not as cricticism but that others reading may also have disabilities eg sight. But it's still too vivid a colour for anyone to read regardless. Black is the more neutral, more easily read colour for example. Anyway, welcome.
Bit contradictory? As 10past6 is also querying you appear to have CCAd them when you are not even sure it's your debt.



Anyway, others here will help you all this. What did you send them £1 for anyway if you aren't sure it's your debt? It's all slightly confusing.

Font changed. It appears I have sent the wrong letter so I now have to go back to the beginging. Thanks for your reply

10past6

money_wiser wrote: »

I take it that was the wrong letter?

Yes it was, send them the following letter

Dear xxxx

Account Ref xxxx

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/sincerely,