Wescot Collection Agency - help with figures

Kinny33

Hello, fairly new and need a little advice on how to handle Wescot. They sent me a letter about 2 months or so ago demanding payment for their client, Santander UK, otherwise they would take me to court. I was confused and asked them via phone to investigate as I have never had a card from Santander. I had a feeling it could be a Dorothy Perkins card that I foolishly took out in about 7 years when I was a student, as they stated on the phone that they look after cards like these, but I have already paid this in full. This came out through monthly Direct Debit set as a minimum payment from GE Capital though, every month. I wanted them to prove that the debt was mine and what it was for. Then I received a letter stating they'd look into it for me. Today I have received a letter from them with a copy of the terms and conditions which I have definately signed and copies of statements showing a new total of £170.47 dated 1st July 2011. The covering letter said that I had to pay off the outstanding amount, but it didn't have any further info. I have two questions. The statements do not look very official they are simply typed out. I thought I'd paid the card off and am still looking through old statements,monthly direct debits come out every month till Aug 2011 from when 2007. The terms was dated 2005. On some statements the monthly minimum has come out to GE Captial and then it looks like it swops to Santander UK. I didn't know that Santander were associated with GE Capital until now. Last year I remember getting my finances in order and found a direct debit for Santander on my account and cancelled it as I genuinely didn't know what it was for. Ok so I should have perhaps done some investigating then before I cancelled it but I didn't. Now this DP card went into default according to my credit report in July 2007. I remember it quite clearly as I moved house informed GE Capital of the new address via phone, where unfortunately the wrong flat number was noted down due to a useless employee on the other end of the phone. I didn't get any correspondence it all went to the wrong flat in our building, and after a while when CL Finance got involved they sent baliffs round to the wrong flat. Off the back of this the other flat referred them to me and I settled up the debt, I'm sure of it via cheque. I went into default according to my credit report with CL Finance for this debt nothing to do with Santander so I don't understand what is going on and this was on 29th Nov 2007. It also confirms that my default is satisfied and it has been updated recently by CL Finance in February this year. Wescot are claiming I owe £290.99 but even out of the handful of copied statements they have supplied, the last one claims I owe £170.47 on 1st July 2011. I'm assuming it is more because of the interest which has grown on it. I'm still sure I paid it off. Does it look like I will have to prove it? If so do Banks i.e. HSBC keep copies of cheques, because my bank statements only have cheque reference numbers on. This was back in 2007 and I can't remember what the final figure I paid was. I asked for further info from Wescots and they have obviously sent me a little of what they have found as they have only sent 10 statements and I have monthly outgoings on my bank statement. I don't even know why I went into default in the first place as I never missed a payment anyway. So where do I go from here ? Do I contact them and say i would like further information because as far as I'm concerned the fact they have 10 statements and T's & C's is irrelevant as I did have a account. My dispute now is that I have already paid it off. Don't they have to prove that I haven't???

Please could someone advise me what to do next? As I have sorted all my debts out and have savings now which I haven't had for ages. If only it had been 6 years, unfortunately not as it defaulted in November 2007.:(

fatbelly

Kinny33 wrote: »

Please could someone advise me what to do next? As I have sorted all my debts out and have savings now which I haven't had for ages. If only it had been 6 years, unfortunately not as it defaulted in November 2007.:(

If your last statement is about this becoming statute barred, you need to know that the default date is irrelevant. You took out the card in 2005, it defaulted in 2007 and you made monthly payments from 2007 to August 2011, when you stopped. The debt will therefore become SB in August 2017, if the ownwer does not take court action before then. It does sound like CL Finance might have already done that as they would not otherwise have been able to instruct bailiffs. So forget that as a strategy.

You have savings so you can clear this debt. You are just arguing about the balance, which you say is zero and they say is £290.99.

They should be able to provide a full statement of account showing all payments in and out. If they are reluctant, you can obtain full information through a subject access request.

If there had been a court claim, followed by a warrant of execution (bailiffs) that would all add fees and charges to what you owe.

If you can identify payments that you made that have not been attributed to your account, let them know.

Kinny33

Yeah I''m not disputing that I had a account with them I'm just very sure that I paid them off already. I think I will write to them asking for statements proving all the payments that gone in and out to them. If this then proves that I haven't settled the bill and I am mistaken I will clear the debt I just want to confirm why the bill has reached over £100 more and if there are genuine reasons then so be it. Least it'll all be sorted. Can I use a similar SAR as I used for the bank when I requested similar information? Do you think there will be a fee? Do you think I should ring them or just communicate via letter?

fatbelly

Kinny33 wrote: »

Yeah I''m not disputing that I had a account with them I'm just very sure that I paid them off already. I think I will write to them asking for statements proving all the payments that gone in and out to them.

Hi Kinny. Yes, I think that's what you should do. They should provide this without a fee. Best to put it to them in writing.

Kinny33

Thanks for your advice I'll get on it. I am just writing the letter now and need a little reassurance on how much information I should request from them and how much detail I should give them. If you could read what I have and give me any pointers it would be appreciated. I have copied and pasted it in to this post.


Further to your recent letter dated 12th July 2012, please could you confirm how I have a outstanding balance with Santander Cards. I can confirm that I had a standing order with GE Capital which was set up in 2007 whereby the minimum payment was coming out of my account on a monthly basis. My bank has supplied me with all my past bank statements from 2007 where I can see the these payments. The statements you have supplied do marry up with my account. However it seems that you have only provided me with a handful statements and not all the statements with ingoings and outgoings as requested.
I believe I have already paid off this card when it was still held under GE Capital. It looks like that Santander Cards have taken over GE Capital, which I was not aware of. I believe I settled the balance by sending GE Capital a cheque. But this wasn’t for the figure of £290.99. On my bank statements, it only provides me with a reference number, so I am asking them to provide me with as much details as possible regarding any cheques that have been cashed by GE Capital, this my take some time.
I would be grateful if you would provide me with the following details for my alleged account with Santander Cards. You have provided me with a copy of the conditions and a few statements, this does not necessarily confirm that I have not paid up to date. It proves that I had a card with GE Capital not with Santander and it doesn’t prove how much money I actually owe, if any in my opinion. The last statement you have given me in July 2011 indicating that £170.47 is still outstanding. However you are claiming I I owe £290.99. I would like to know how that figure has been reached.

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to my account with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.
8. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

That's the bulk of the letter. Any thoughts??

DVardysShadow

Kinny33 wrote: »

Thanks for your advice I'll get on it. I am just writing the letter now and need a little reassurance on how much information I should request from them and how much detail I should give them. If you could read what I have and give me any pointers it would be appreciated. I have copied and pasted it in to this post.

....

That's the bulk of the letter. Any thoughts??

Give them no information. The reason is that if they are not entirely honest, you would be giving them facts to weave a deceit around. Only use facts which dispute 'facts' which they present in writing. Don't give facts to dispute anything they say on the phone. And don't phone them anyway.

Remember, they have to prove the debt, not you disprove it. Save your facts to knock down their 'proof'.

chanz4

You need to pay the £10 subject access fee, as this is what your letter is asking for

fatbelly

Kinny33 wrote: »

I think I will write to them asking for statements proving all the payments that gone in and out to them.

That's all you need to do. Don't give them any information - just ask for the statements.

That's a reasonable request. After all they've alleged that's the balance of the account.

If they refuse to supply them, you can force them to do so with a SAR but, as Chanz says, that will cost £10.

nottoolate

no need to do it under a sar or pay for that at the the moment.

Kinny33

Cheers everyone for your help. Very much appreciated and will update you on progress or for more advice if needed.