Wescot / 2f chasing old debt

constructiongirl

Hi I hope someone can help.

Today a plain postcard was delivered through the door addressed to the occupier and requesting them to call a 'Leroy' with a phone number and reference number.

In small print on the postcard was the name '2f' the trading name of Wescot credit services.

I received a letter from Wescot in January 2010 saying that they have been instructed to recover debt for the Halifax (I had a current account with them years ago and had run up a bit of an overdraft).

The letter then went on to say they had been provided with my address by experian as a possible forwarding address and I had two choices:

1. contact them if I thought the debt was not mine or return the mail as 'Not at this address'

or 2.contact them and arrange payment.

Now I was living in Scotland when I opened this account and just in my early 20's and since then I have moved many times and never updated them with my address. The account must be nearly 10 years old and I'm really supprised after all this time they are now chasing for payment.

I've not made any payments or withdrawls from the account for years....infact I can't remember the last time I did. I don't have any paperwork, statements, cards etc for the account its been that long and I'm just wondering what I should do?

I'm a single mother and a full time student. I have no job and live off my child benefit, tax credits and student loans so don't have the cash to pay it. I also am living temporarily with a friend who doesn't like the thought of recieving debt collection letters though her door.

I'm also about to sit my exams in the next few weeks and am have spent all day worrying about this and not revising!

Any thoughts would be greatly appreciated!!!

mad_bad_spender

I received a similar letter from wescot through the post a few weeks ago.

i called them up as i knew the debt was mine, (gas and electric from old address) and have arranged to pay back a very small amount each month. they did at the time offer to accept a reduced payment of 70% of amount due but i dont have that kind of cash so will just pay this as i can and will focus on my debts with interest first.

dont know if i was just lucky but the guy i spoke to was great and he did not pressure me into making high payments or to pay more than i can afford,

i would say if you know the debt is yours then contact them. there is no point worrying yourself about this,

you say you have not updated details with them so chances are they arent JUST chasing this they probably have been all along.

datcat

Ok If you haven't paid anything or written to say, yes this is my debt , in over 10 years I would say that the debt is statute barred

Tixy

Sounds like it almost certainly statute barred - only reason it would not be is if there is a CCJ.

Here is a link to a factsheet and letter to send them - http://forums.moneysavingexpert.com/showpost.php?p=11571227&postcount=3

- you'll presumably need the scottish version on that post.

RAS

Since you opened this account in Scotland, the debt would be dealt with under Scottish law, so not only is the limit 5 years but that debt actaully ceases to exist after the 5 years unless there is a decree; it does not just become unenforceable as in England and Wales.

read here http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

You need to check out re the decree. In E&W even if there is a CCJ, after 6 yeears from the date of the CCJ, courts are most unleikely to give premission to pursue a CCJ.

constructiongirl

Hi all and thanks for replying with your thoughts.

I will check out the position regarding the debt being over 5 years as it certianly is and I have not had any dealings with them for longer still.

I'm just amazed they have contacted me after all this time!

I can remember years ago when I first started using another bank that the day would come when I would need to face up to it but as the years went by I just forgot about it.

The postcard that arrived today seems like quite underhanded tactics and if the debt is actually non-existant now (which would be a releif if it is) then are they just chancing their arm that I will call up and make payment to avoid embarisment?

I'm stretched to the limit as it is with childcare costs and uni fees and can't see me being in a position to payoff over £600 for the next couple of years!

RAS

Hi

What has happened, particularly with the recession is that banks have sold a lot of very old debts.

The DCAs who buy it at a very low rate hope that people do not know the law and if they get say one in 20 to cough up they can make a profit.

In England and Wales they are allowed to ask you to pay until such time as you tell them in WRITING that the debt is statute barred and you are not paying. As you guess a lots of people have moved on, got responsible jobs, mortgages, need credit checks for rentals etc and are scared of wrecking their credit rating so they panic and pay something. Whatever they pay is irretrievable.

Even more so if they can panic you into phoning them, as they can then suggest all sorts of dire consequences that are legally possible if you do not know the law. Bear in mind that if you do not defend legal action it will still succeed even if the debt is unenforceable, but that the only defence you need is that the debt is statute barred.

So technically CCJs, bailiffs and bankruptcy are possible just they are almost unheard of. In the one famous case of which I am aware, the "debtor" was able to overturn the bankruptcy and the DCA got a kicking from the judge.

DarkConvict

Just a small addition to RAS's post, if it Scotland the date is 5 years not 6, in addition debts become Extingished and no longer exist, so if you pay money into old Scottish debts the money paid is retrievable as the debt does not legally exist, however in England the difference is just they cannot use Court action, which after 6 years is effectively 'written off', i use written off term lightly as you owe the money until you die, it gets paid or they write to you to confirm you no longer owe it.

constructiongirl

Thanks again for your quick replies and advice.

I gather from the letter I first recieved in january of this year that experian has made available information that I entered whilst completing an online credit check for myself on their site.

I wondered what my credit score was as I would like to rent a place for myself in the summer if I get a summer job as I can't stay where I am indefinately.

I got as far on the experian website as filling in my address and some other personal details but chickened out before proceeding with the rest as I'm too scared what else might come out of the woodwork and thought well I don't want credit just now so whats the point in looking so I haven't got a clue if I have CCJ's or exactly what my credit file looks like!

If this is what experian do with customers details it seems again anyone who might have an adverse credit rating should not be tempted to verify what their position is? Or am I wrong?

DarkConvict

If you never actually completed the application the data will not have been used or saved, you would have to get to the stage where you get an email confirming you wanted to view it and please wait whilst we check the details, at this point they would be matching up the entered details to find your report.

However if you registered to vote, applied for a bank account/mobile contract/credit card/loan/insurance etc, applied for jobs needing credit checks, potentially signing up to benifits, given your current address and a previous address on the appliction form it is submitted to the CRA and the information is updated as links are generated between your name and address. These activities can spur debt collectors in action, further more if you are linked to other people via joint accounts when they get updated the DCA may look at there new details and contact them to get to you.

constructiongirl

Hmmm... i've done alot of the things you mentioned during day to day life over the past ten years but only started the experian check this year, coincidently around january so why say they got my address from experian then?

I certianly haven't applied for credit, registered to vote, apply for a job, obtian household services etc for at least 2 years. it just seems wierd they say they got my address from experian and nolonger had i stared the application a credit agency finds me?