Wescot :( help needed

[Deleted User]

When I first came to university I had a student account and credit card. The bank that will not be named essentially screwed me over and turned my overdraft and credit card to debt collection agencies. The overdraft is being paid off at an affordable rate and i found that agency, equidebt to be very helpful and understanding.
However the credit debt was turned over to wescot, I sent them my SOA and offered them £5 per month which is all I can afford. I sent them post dated cheques to this amount each month up until and including this month. An hour ago I get a call from a horrid woman who works for them saying they were arranging a home visit from some company or other to discuss my debt as they wanted the full amount paid and I that have no agreement with them. They also tried to deny receiving any payment until I told them I post everything recorded delivery. She wouldn't listen to what I had to say, talked over me and said she wasn't going to be held responsible if I was going to "play games" which I am not. I have also found out that they have added £80 onto my debt for "legal expenses".
Now I have problems with anxiety and panic attacks and the last thing I need is random bullys coming to my door. I know they have no right of entry ect but I have no idea what to do! I phoned CCCS who were lovely and told me just to keep giving them the £5 but this doesn't help with wescots bully tatics.

fatou256

hi first nad foremost don't ever talk to any DCA over the phone ..they will only try to intimidate you to pay more than u can afford. KEEP EVERYTHING IN WRITING.

their threat of sending soemone around ot "discuss" it is an empty one . i had the same crxp from anotherDCa . just sedn them a letter stating clearly that you are denying their imp-lied right to entry under common law ( iam not too sure of the wording here so bare with me !) .If they do turn up well they have no power to enforce anything tell them to go away and if they don't go away then call the police for trespass.DO NOT TALK TO THEM you are not obliged too. the only ywho can enforce it willbe a bailiff but it is a different story there. I

as you have sent recorded delivery then they are lying to you 1 and want u to pay more so ignore it. if they kepp calling you sen t a letter to them that you deem their phone call harassing ( ithink there is a template letter somewhere) . if u don't like what you are hearing on the phone put the phone down, after all it is them who are paying the phone call not you lol!

have u sent a CCA request ?

i am not too sure about the charges they have put! soemone with better knowledge than me can answer that for you.

don;t worry if you are paying the 5 pounds well ignore their phoen call it si only a tactic to scare you into paying more . good luck.

rfdebt

Hi drinkupretty,
Hope this helps, courtesy of the consumer forums ( I think that’s where I got it from).



Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully/sincerely,

[Deleted User]

I am in the process of writing to them now and have included a CCA request within the letter. I have also informed them that I will no longer deal with them on the phone.
Thanks rfdebt I hope the letter works

[Deleted User]

I got a reply back in the form of a standing order form. No consumer credit agreement although it has been less than 12 working days, do I write to them to remind them? Or wait for a few days before sending my stabding order form back? (even though I'm away wisint family for 2 weeks after tommorow!)

RAS

Hi

it is 12 working days plus two days to allow for post, after which you should stop paying them, if you have been.

In the mean-time. I would suggest that you do not fill in the SO form at the mo. If they have provided the CCA when you get back, then you need to complete it (are you sure it is an SO form not a DD form?). Otherwise, they can whistle.

[Deleted User]

Yes it is definatly a standing order form. I requested this because I have heard horror stories of Wescot changing the amount they were getting on direct debit without the account holders consent. I believe they are unable to this on a standing order, is this correct?

RAS

DUP

That is precisely why I asked you. There have been a number of nightmare threads when DCAs or even banks have decided to help themselves to more than expected on DDs. You decide the payment on the SO. So well done for keeping yourself safe.

The one thing to watch IF you have to set it up is that if your circumstances change and you need to change the SO, you must cancel the old one when you set the new one up. On OP here left he old one live and the DCa got paid both which caused grief.

[Deleted User]

They have not sent a copy of my consumer credit agreement and keep phoning me and are very rude. They claim they dont send consumer credit agreements as my debt is with RBS and not them (funny because my credit card the debt was for was with natwest nevermind). Where do I go next?

RAS

DUP

They know a lot better than that, just search for wescot on here and you will find loads of CCA requests going to them.

I think what this means is that they do not have the CCA but are trying to blind you.

It is not ordinarily necessary to send the 12+2 day letter, but i this case, I thnk you should unless you can put up with them for another couple of weeks?

I would however start by sending their compalints manager a letter reminding him that his company is breaking the OFT Guidelines and the CC Act by

a) telephoning you when you have told them to communicate by letter only
b2) chasing you for a debt which is in dispute because they have not provided the CCA
c) misadvising you on the law and trying to take advantage of your lack of knowledge of the law.

Send a copy to trading standrds in the areas that Wescot are based, as they liocense them.

RAS

PS

If they ring again,

remind them that you told them not to and quote the date the letter was delivered

remind them that the debt is in dispute
and tell them that you are recording all calls with them.

alternatively, I assume they ask the securty questions before they talk to you. Refuse to answer them, until they provide the CCA.