WestCot credit help

pollym64

Help I got a letter last week along with a court order for Northampton stating that Westcot had purchased an MBNA debt and I owed over £1700 to them. I have never had any previous contact from them have not got this debt showing on my exquifax or experian credit report and do not believe this is my debt. I have an MBNA credit card which I pay on time and have no defaults in my credit report showing. I sent the court document back to Northampton court stating i believed this and that it was not my debt or statute barred. The name on the debt was a name I used ten years ago while living in Scotland I now live in England. If the debt was taken out in Scotland would it be statute barred after five years or as I live in england now six years? Also wrote the same to westCot said not my debt or SB and they replied saying would get a copy of the original credit agreement and that last payment made was in december 2005 a bit convenient as it's nearly SB! But it was on a typed list not actually proving where e payment came from. My worry is at they will get a CCJ from the court even though I am disputing it. Can they do this. I need advice as I have a good credit rating and Worried they will still go ahead with a ccj.Thanks

pollym64

Help I got a letter last week along with a court order for Northampton stating that Westcot had purchased an MBNA debt and I owed over £1700 to them. I have never had any previous contact from them have not got this debt showing on my exquifax or experian credit report and do not believe this is my debt. I have an MBNA credit card which I pay on time and have no defaults in my credit report showing. I sent the court document back to Northampton court stating i believed this and that it was not my debt or statute barred. The name on the debt was a name I used ten years ago while living in Scotland I now live in England. If the debt was taken out in Scotland would it be statute barred after five years or as I live in england now six years? Also wrote the same to westCot said not my debt or SB and they replied saying would get a copy of the original credit agreement and that last payment made was in december 2005 a bit convenient as it's nearly SB! But it was on a typed list not actually proving where e payment came from. My worry is at they will get a CCJ from the court even though I am disputing it. Can they do this. I need advice as I have a good credit rating and Worried they will still go ahead with a ccj.Thanks

fatbelly

Have you got a court claim form?

Then you can 'acknowledge service' and that gives a total of 28 days for you to put your defence in. If this is Northampton Court, you can do it online.

In a situation like yours, there should be a hearing.

If I have misunderstood, and you already have a judgement, post again cos you'll need to get it set aside.

pollym64

Hi I completed the defence part of the form and sent it back to northampton court disputing this westcot say I have to respond to them by 21st November. The thing is northhampton is hundreds of miles away from where I live and I'm disabled about to have major surgery so no way could I travel that distance could I petition for another venue to defend this? I can't understand why no default was on my credit report I think they have the wrong person as until now my credit rating was perfect. Thanks

immoral_angeluk

When you say you have had a letter, what have you actually received? A Judgement or the claim form?

pollym64

Hi just got a reply from westcot denying it was statute barred even though I haven't acknowledged it was my debt with a typed list of apparent payments and they said I need to file the defence to the court by 21st November which I have done already. they also said they have asked the original creditor to obtain the copy of the credit agreement. I just wonder how they can get away with this. Their list of payments is not proof of payment by me. They list cheques and standing orders and card payments but I know that the dates on list list of see payments I didn't have a cheque book with my bank account then so I know it's rubbish. Can I request more details on the payments. Also the surname on the letter was my old surname ten years ago when I was married any debts at the time would have been in Scotland so should be time barred but does my now living in England change the law on this? I know its not my debt and am getting stressed out over this. Thanks for you help

fatbelly

You will be sent an Allocation Questionnaire from the court - you can use this to request that the hearing be at your local court.

Any problems in filling it in - let us know.

It sounds like Wescot have gone for court action before the 6 years is up but have attached the debt to the wrong person.

pollym64

Hi

I got an allocation questionnaire through today it needs to be returned by 12th December. The thing is Westcot still haven't provided any proof that I requested on 7th november. I'm also due to have knee surgery on 12th December including a lengthy stay in hospital afterwards so my question is if it goes to court how much notice would I get and do I need to pay a fee? Also according to the typed list from Westcot last payment was apparently 22nd December 2005 so if it went to court surely it would be statute barred this December so would it still be feasible for court action anyway? I wouldn't be able to attend and I would have thought I would get some notice about a hearing? Saying that they have not provided the proof of those payments! Can you help? I still intend on defending this. Thanks

nottoolate

if its not your debt then it doesnt matter whether its statute barred or not

pollym64

But I need to establish when it might go to court as presume if I have an allocation questionnaire they intend to persue it? If the court date is after the SB limit then surely it can be enforced?

nottoolate

the time limit relates to beginning of "the action" which is when the initial claim forms are issued by the court

so they have done that within the 6 year limit if their dates are correct

the court date that is eventually set has nothing to do with it.