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i.d fraud 10 years ago. Westcott Services still threatening action.

i.d fraud 10 years ago. Wescott Services still sent final demand even though proof of change of address. they're threatening CCJ. told them they cant.it's over 6 years old anyway. wont the court throw this out and make them pay legal costs? it's in Hull and i dont fancy travelling up there from cardiff to prove my point! Any advice please. Will be appreciated.
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Comments

  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    i don't think i really understand the situation but you can contact the court and ask for it to be moved to cardiff
  • safesound
    safesound Posts: 1,164 Forumite
    Hey Gozza, nice to see another poster from Cardiff.
    Westcott are a bunch of complete t*ssers, write to them outlining the conversation you had on the phone, explain why the debt isnt yours (give photocopies of any evidence) say you dont acknowledge the debt and ask that they supply you with evidence that proves that it is Then ask that you be notified at which court they are applying and at what date as you wish to attend to defend your position. If it gets as far as that (which it wont) just apply to the clerk of the court and ask that it be moved to Cardiff (your legal right).
    Make sure you keep a copy of all letters sent, receipts, plus a note of any (genuine) time off work to deal with it as you can ask to be reinbursed when it gets thrown out.. and it will. If you are still concerned I know of several solicitors in the cardiff area that give a free 30 minute consultation.

    I recently went through something very similar with them. I left NTL back in mid 2005 and I got a letter from Westcott in February (`07) saying that I owed them money as I hadnt given NTL the proper notification of cancelation. Fortunately even though I couldnt prove it with paperwork (all done verbally on the phone) they accepted that as I had contacted them 1 month to the day before I left the property on another matter that I probably had given them the correct notification.
    They sent all sorts of final demands, notifications of imminent court proceedings etc etc. All sorts of scare tactics. Luckily my husband likes arguing on the phone so he took great pleasure in running rings around them and was quite happy to go to court if it came to it (which it didnt).
    :A:A:A:A:A:A
  • safesound
    safesound Posts: 1,164 Forumite
    pcz wrote: »
    Like clapton said I don't understand the situation :|

    Must a Swalian thing, I understood him perfectly :D
    :rotfl:
    :A:A:A:A:A:A
  • safesound
    safesound Posts: 1,164 Forumite
    In case anyone else has the same problem as Clapton, this is a translation ;)

    ***********************************************

    I had my identity stolen some time in 1997. Shortly after I moved out of a property someone used my details to obtain credit/goods/services (delete as applicable). Unfortunately Wescott have now bought this debt/are acting on the behalf of the company who owns this debt and believe that I am the original debtor even though I've told them that I wasnt living at the property at the time. They are threatening me with a CCJ.
    Does the fact the debt occured over 10 years ago make it statute barred? They are located in Hull, which is a really long way away, so I really hope that if it does go to court that I dont have to travel there. Any advice would be gratefully received.

    ***********************************************

    Please note I am not the original poster so may have some details wrong. :A
    :A:A:A:A:A:A
  • hunteress
    hunteress Posts: 136 Forumite
    hi gozza
    i live in east yorkshire and my oh had this problem with westcott a couple of years ago they bought a debt from a music club were the new tenants of our previous address had used his name to obtain a large number of cds and videos i called them and basiclly told them i had proof he didnt live there at time of purchases and sent them photocopies of proof never heard anything since. hope this helps
    :grouphug: Member #5 of the DMP Mutual Support Club :grouphug:
  • hunteress
    hunteress Posts: 136 Forumite
    just reread your post gozza have u sent them the proof of change of address i also contacted the company involved and as i had cancelled my account with them as we moved it helped prove my point
    :grouphug: Member #5 of the DMP Mutual Support Club :grouphug:
  • gozza
    gozza Posts: 33 Forumite
    thanks Safesound. you got it spot on! Explained it perfectly. did'nt know I could get them to bring it to Cardiff. i have sent them[wescott] proof that i was'nt living at the address at the time but they dont seem to care!i'll just have to get used to getting threatening letters off them co's i dont think they can do this to me. i've looked on Blagger.com and they've got a badddd reputation by the sound of it. also, theres some new ruling[starting today actually] that if a company gets more than three complaints from different people to the financial ombudsman they get fined £400 per complaint!i'm writing another letter with proof again and threatening them this time with this ruling and the OFT consumer action group etc,..
  • gozza
    gozza Posts: 33 Forumite
    by the way "i'm a lady!I have no testeclee!"
  • Good for you. So am I. Mine are in the fridge. No, really, they are in the fridge.
  • safesound
    safesound Posts: 1,164 Forumite
    Sorry Gozza I presumed you were a man.
    As for Wescott, write to them again outlining the situation but keep a copy. The next time they send you a letter send them the same letter but write across the top Re: letter dated (insert date) COPY 2, then when they write to you again send the letter again with Re: letter dated (insert date) COPY 3 written across the top, keep doing this until they either give up or take you to court. If it gets taken to court apply for it to be heard in Cardiff and go along. No court will penalise you as you have kept in constant contact with Wescott, even going as far as to explain yourself X amount of times.
    Please note this will only work if you dont owe the debt.

    Honestly theres no need to worry about the letters, they are designed to make you panic. They can do absolutely nothing to you without taking you to court and if they do they WILL lose.

    As an aside when did you find out about the ID theft? Was it recently or back in the 90's? Did you report it to the police?
    :A:A:A:A:A:A
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