Urgent Debt collection help needed please

Hermione54

either postal order or cheque.

I really wouldn't send a cheque. Maybe I am paranoid, but I wouldn't want these people to have details of my bank account (name, number, bank code). Send PO.

JodyD

just finally found out that this debt was actually from 2000 so will this be time barred?

If so what do i have to do? as the collection company are hounding us at the moment, they actually lied about when the account was opened (15 jan 2003)until recently when they sent me out the statements from 2002 and i questioned the dates as they were inconsistent.

Its wescott debt recovery whom im dealing with, anyone know what theyre like?

Your help on this matter is truly appreciated

Jody

AGB863

Do you know when you last made a payment to this account?

If it is over 6 years old it is stautute barred.

JodyD

they are not very forthcoming with information but i will find out soon, so it goes from when we made last payment then? and if longer than 6yrs we dont have to acknowledge the debt?

AGB863

If you have not made any payment or acknowledged to debt in the lsat six years Wescot can not take any legal action to enforce payment of the debt through the legal system.

It does not stop them asking for the payment!

JodyD

It appears last payment was made on the 06.09.2002, how do i stand with this? I guess 06.09.2008 will be the 6yr marker then

AGB863

Correct.

Have you asked for a copy of the Signed Credit Agreement for the debt? I know it was for a catalogue - but ask them for it any way, because if this was to go to court, you can ask for this to be produced as proof that the debt is yours.

JodyD

Im going to send them a copy of the letter above as ive asked for it but they said "you dont have one for a catalogue"

AGB863

It is still a credit agreement, regardless if it is a catalogue and if they can not supply one they can not enforce the debt.

I have had cases where some one has been chased for a catalogue debt, which had been fraudulenty taken out by another member of the family.

Because the Signed Credit Agreement could not be provided - it was dropped.

The usual trick is that they supply a blank copy a credit agreement that should have been signed, assuming that this would be enough for someone to start paying.

Next question - do you actually owe this debt?

JodyD

Its actually my partners debt, there has been some confusion as to whether or not its her debt as she is sure she has paid everthing westcott wanted from her when we sold the house (it just never seems to go away) It looks like it could be but it could also be a mistake as like i said, we were under the impression it had all been paid off