Being chased for a debt from 2002 - what do I do???

joncarpet

Hi
Just received a letter from a Debt Collection agency - Wescot Credit Services asking for paymnet of just over £440.
I had no idea wha it related to, so gave them a call to be told it was for a store card I opened in 2001 and had a balance on it since 2002.
I thought id paid it off sosked for further info. All was told that if i paid within 7 days they'd accept £350.
Called GE Capital (who store card was with) and they couldnt see back that far, and advised me to call back Wescot.
I asked them for copies of my statements which they said they didnt have.
All the info they had was when the account was opened, when they bought the debt (2002!!!) and that i owed x amount.
Where do I stand?? What do I do?

artnoble

have a fish around the forum for the CCA thread. That'll see you in good stead.

I'll see if I can find it for you.

MrsTinks

Green = amend as appropriate.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mr A N Other

Think this is what you're looking for

carrottopsuk

Remember not to sign your name on the letter

(well that's what people say on here:D )

joncarpet

thanks people.
Just called CCCS too, and they were really helpful.
Letter is just printing and Experian credit report ordered.
Fingers crossed!!

joncarpet

just to update.....
got my Credit Report back from Experian (makes an interesting read!!) and the only mention of the store cardin question is in the 'Linked Addresses' section.

Also, just had a letter from Wescot thanking me for raising the matter and that theyve passed it on to the Process and Compliance Team and they will be in touch shortly.

The bit that makes me laugh is the last sentance which reads "We shall use our best efforts to resolve this matter for you quickly and to your satisfaction". TO MY SATISFACTION......Leave me alone!

joncarpet

After sending the letter kindly posted by MrsTine and receiving a letter from the lovely Wescot saying they had passed my matter on to their compliance team i have today received a Final Notice from them on a nice shade of red paper.

They say that if I fail to pay the amount within 14 days a "Claim Form/ Summons may be lodged with Hull County Court or the local Sheriff Court..." and il be liable fo £95 Legal Expenses.

Since the debt is over 6 years old and they havent responded to my letter I'm not too worried. Should I be?

anyone know where I stand?? should i write to them again with a copy of my original letter?


thanks in advance!

joncarpet

well i wrote to them with a copy of my original letter and yesterday got a response. Sorry not a response, a letter offereing me a 25% discount if i pay now. For a limited time only!!
Still nothing about the proof of debt.

GeorgeUK

You can do one of two things here in my opinion.

You could do a request for a copy of the credit agreement, but that would cost £1 so would hold off on that for now.
You could send a letter stating that you acknowledge no debt to them and any debt they say you owe, you believe to be statute barred. Just the cost of postage required for this one so i would send that.

joncarpet

Cheers George
I did add a bit onto my original letter about Statute Barred on recomendation of CCCS.
something else they've ignored

Hillary_Smith

I advise you to contact your local C.A. B before taken any further action there is a time limit that companies have to adhere to.To recover old debts.But if you acknowledge the debt they can claim money owed. Check for full details first as can't remember time limits think it is 6 years also more info might be needed.