WestCot credit help

Eager_Elephant

The allocation questionnaire is sent out automatically by the court as Northampton is just a bulk centre.

On the questionnaire it should ask for dates you are not available - if it does not enclose a letter stating this.

While you are in hospital is there anyone who can bring your post to you to open just in case they ignore your dates?

pollym64

Yes my husband can. Is there not a time limit when you can ask a creditor for proof of a debt that they have to provide it to me? I asked on 7th november and am still waiting. Thanks for all your
help

fatbelly

pollym64 wrote: »

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?

Notice varies from court to court but generally more than a month.

You do not need to pay a fee as the defendant.

pollym64

Hi

I got a court summons to attend court in February as I am defending a claim from Westcot. They claim i owe money to MBNA and i know ht I dont. I asked them on 7th November and 18th November in writing for copies of the original credit agreement and payment they allege were made by me but they have not provided this. Yet I am still bring taken to court can they legally do this as I thought they had so long to provide the proof? I have not acknowledged the debt to be mine and they claim the last payment made was on 22nd December 2005. they never once contacted me before issuing the court documents where I put in my defence and they have never attempted to verify my identity. Can this be legal that they can still out forward court action? Has anyone else been in this situation? Thanks

oopsadaisydoddle

I'm not 100% certain but I think if the debt is in dispute then they cannot enforce it. I'm not sure either but this may be different if court action is already in progress?? Hopefully someone will be able to clarify. Have you sent them the 'prove it' and dispute letter that has been advised on here?

Maybe if it does still end up on court then the fact that you dispute the debt can be your defence and you can tell the court that you ha e requested they prove the debt is yours and have failed to provide evidence of this.

Again I'm not 100% but hopefully someone will confirm soon.

fatbelly

pollym64 wrote: »

Hi

I got a court summons to attend court in February as I am defending a claim from Westcot.

Good - I said you'd get more than a month's notice.

The hearing is to decide whether you owe this sum (and if you do, did you acknowledge it in the six years before they took action)

The judge won't be on either side - they will have to prove their case. As I said before, 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

I just noticed that the court directions state that the creditor has to provide me with the credit agreement within 14 days. I presume thats 14 days from the date of the draft directions which was 14th December? Its been 42 days since asking for the evidence surely they could have found it by now? Im not able to put in a defence without this proof. Also I haven't acknowledge it in the six years which would be up on 22/11/12 as they claim they got a payment on 22/12/05. But as they have submitted it for court then I guess that prevents a Statute Barred ruling? I think I might get the CAB involved as its out of my depth now I just want them to realise they have the wrong person. Thanks for your help!

fatbelly

If they haven't complied with the court directions (supply you with the cca) then the claim is likely to be struck out, ie back to square one for them. You may even find they don't attend as they are to get a b0llocking from the judge.

Just noticed the dates - so they have until 28 December to provide the paperwork?

See what turns up (and when).

fb

pollym64

Great news the claim was struck out by the court due to Westcot's non-compliance with providing the credit agreement etc. They have put me through a lot of stress but they couldn't back it up feel like they have tried to con me. I wonder how many other people have just paid up without proof? Thanks everyone for the advice!:j

ladybez

So glad there was a good result for you!