Wescot - Update and what to do next? Further Update 07.02.2024

smalandcute

Wondering if I can have some more help please?

Previously I received a letter from Wescot stating that I owe a high street bank over £1000. When I contacted them they confirmed that that the default date on the account was Feb 2017 but payment was made in May 2023 for £1.50.

I posted on here and got some amazing help which I then put to Wescot.

I advised I didn't acknowledge the debt and as the 6 years was up it would be SB even if payment was made in May and also confirmed that the payment was not made by myself.

I received a letter from Wescot this morning stating that the bank were unable to provide statements for the past six years, the account is not SB as payment was made in May 2023 and SB is not six years from the date of default date.

I have called again, the bank won't accept correspondence via email even though they know I am a vulnerable person, the clerk I spoke to couldn't even advise what type of debt it is, all it says on Wescots system is that its a loan. It would be either a Credit Card or Overdraft as that is the only type of credit I have ever taken out.

I again made the clerk aware of my vulnerabilities, that the law states in England that a debt is SB after the default date and reconfirmed I didn't make payment in May 2023. Clerk has now raised a dispute with the bank asking what the debt actually is, to provide all correspondence within the last six years and asked them when the debt is SB.

I did advise on the call that if this cannot be resolved in the next correspondence I get then I will be raising a formal complaint and if I need to then take it to FOS I will do so.

I will be following this up with an email but have I missed something or are they hoping to get away with lying, especially around the SB and limitation times.

Also the bank have never applied for a court judgement etc so I really think they are chancing their arm here.

*** UPDATE 07.02.2024***

So I have received a further update from the bank after asking them to prove the debt and they have advised that the account was open in June 2007 and went into arrears July 2007 and was then subsequently passed on to their debts team. From 2008 as per law they have been sending out Notice of Sum of Arrears (NOSA) letters regarding the account. They have still not been able to fully confirm the type of account it is, whether that be a credit card, overdraft, loan or a mortgage and they have not been able to provide me with any paperwork supporting their position. Again the have doubled down on the fact the debt is not statute barrered and believe it to be enforceable.

So after work today I thought I would give the bank a call. Spoke to a nice chap who said it was a credit card, could see on the system that the last bank statement sent was Jan 2017 and the day after the statement was sent the card was cancelled. Chap could see no payment or any activity has been going on since the statement bar the account being passed to Wescot.

It's really clear the bank expect me to roll over and pay without them providing proof so my next step is FOS. Before I contact them I just want to double check I am not missing anything here. If the account is an Overdraft even if it's in arrears and wages etc going in would they still be issuing NOSA letters? Also if the system is showing there is an account and they can see last statement dates etc then surely there is a way for them to be able to get it printed and to me to confirm this position. Also if what the bank is saying is correct but can't send it to me then how can the confirm proof to FOS or is really a case that they can't. Part of me really thinks that they deserve having this issue settled with FOS for their own stupidity of not sorting this matter sooner and only chasing now.

fatbelly

You are going to more effort than you need to. Fine to do that if it doesn't cause you stress. You may end up with an apology and token compensation.

Personally I'd be telling them to start a court claim if they are so sure of their position, then ignoring them.

But that's just me.

smalandcute

fatbelly said:

You are going to more effort than you need to. Fine to do that if it doesn't cause you stress. You may end up with an apology and token compensation.

Personally I'd be telling them to start a court claim if they are so sure of their position, then ignoring them.

But that's just me.

Your braver then me, I like to know exactly where I stand before I make comments like that 😊 but if they really can't come back with anything I may just put it to them.

fatbelly

Where you stand is that you are covered by the Limitation Act 1980 s5 and s29(7).

It's written so simply that even a debt collector can understand it.

smalandcute

fatbelly said:

Where you stand is that you are covered by the Limitation Act 1980 s5 and s29(7).

It's written so simply that even a debt collector can understand it.

Well apparently not as per their letter this morning 🤣

I meant more that I like to know what the bank thinks the debt is first, saying loan could mean anything, so will be interesting to see what they come back with on the dispute. Also means I have more leverage later on especially if they balls up again.

sourcrates

smalandcute said:

fatbelly said:

Where you stand is that you are covered by the Limitation Act 1980 s5 and s29(7).

It's written so simply that even a debt collector can understand it.

Well apparently not as per their letter this morning 🤣

I meant more that I like to know what the bank thinks the debt is first, saying loan could mean anything, so will be interesting to see what they come back with on the dispute. Also means I have more leverage later on especially if they balls up again.

Debt collectors mostly employ young people to work in call centres, their knowledge of the civil procedure rules, the limitation act, and the consumer credit act, is what you might call "limited" to say the least.

A recent court ruling has decided that the date of default, for all intents and purposes, is to be regarded as the "cause of action date" in most simple contract debt cases going forward.

It`s really not worth arguing the point with these people, (unless you are like me, and enjoy playing mind games with them), lol, but I digress, you have your position, they have theirs, unless/until it gets tested in court, its stalemate.

You should just ignore them, and let them play their silly games.

Rob5342

I'd just be ignoring them too and leave them to it, they can try it in court of they want to. These companies throw out the bait and engage with whoever takes it, just ignore it and they'll probably move on to someone else.

smalandcute

*** UPDATE 07.02.2024***  

So I have received a further update from the bank after asking them to prove the debt and they have advised that the account was open in June 2007 and went into arrears July 2007 and was then subsequently passed on to their debts team. From 2008 as per law they have been sending out Notice of Sum of Arrears (NOSA) letters regarding the account. They have still not been able to fully confirm the type of account it is, whether that be a credit card, overdraft, loan or a mortgage and they have not been able to provide me with any paperwork supporting their position. Again they have doubled down on the fact the debt is not statute barrered and believe it to be enforceable.  

So after work today I thought I would give the bank a call. Spoke to a nice chap who said it was a credit card, could see on the system that the last bank statement sent was Jan 2017 and the day after the statement was sent the card was cancelled. Chap could see no payment or any activity has been going on since the statement bar the account being passed to Wescot.  

It's really clear the bank expect me to roll over and pay without them providing proof so my next step is FOS. Before I contact them I just want to double check I am not missing anything here. If the account is an Overdraft even if it's in arrears and wages etc going in would they still be issuing NOSA letters? Also if the system is showing there is an account and they can see last statement dates etc then surely there is a way for them to be able to get it printed and to me to confirm this position. Also if what the bank is saying is correct but can't send it to me then how can the confirm proof to FOS or is really a case that they can't. Part of me really thinks that they deserve having this issue settled with FOS for their own stupidity of not sorting this matter sooner and only chasing now.