debt collection agencies

loopylou82_2

Hi, just needing a bit of help for my mum please, hoping someone can help! She had debt with a marks and spencer card years ago and it was passed to westcot which she paid for ages. She hasn't heard from them for over a year now and due to the amount she has paid thought she had paid the debt off. Unfortunately she didn't receive any statements from westcot during this time and doesn't have receipts so she doesn't know the exact amount she paid. She has now received a phone call from frederick international who demanded payment of £686 straight away. After explaining a number of times she couldn't afford that she has set up an arrangement with them. However she genuinely believes she has cleared this debt or at least reduced it to far less than £686. I was just wondering if there's any way we can get frederick international to provide statements or proof of the debt? Are they legally obliged to do this or do we just have to take their word for it and pay up?

handyman123_2

I hope someone better qualified to advise will be along soon. But for now I wouldn't hold out much hope of either Westcot or Fredrickson being very helpful. I personally would ask Fredrickson for the Notice of Assignment to prove that they have bought the debt and have the right to collect on it.

I would then apply to Westcot for a Subject Access Request (SAR) for a copy of your Mums file. This will cost you a tenner but they have to produce everything they have on file or they should do. It would be worth mentioning to them that under their code of conduct they are obliged to provide an annual statement of account. (Not many DCA's do). Tell them you are building a case for complaint to the FSO, that should speed things up a bit.

Hope you get this sorted out, seems this sort of thing happens all to often.
Regards, Handy.:D

loopylou82_2

thank you, I'm going to get started on this now

Tixy

You say she has set up an arrangment with them - what form is this? has she given them her bank details or card details?

She shouldn't be paying anything based on a phone call. Once she has a written request from them then she should write to them for proof of the debt and a statement of account. Only if they provide this and she is happy it is accurate should she them make a repayment arrangement.