Statute Barred advice

[johnnyjoeflyer]

Can someone just confirm my thoughts on a situation that my wife is having with Westcot please. Thought I would try to give as much detail as possible so appologies for length of this.

 

Situation is that out of the blue 2 weeks ago she received a letter from them saying that she owed money on an old current account with HBOS. The last time this account was used was back in 2000/2001, at the time she had moved bank accounts, had shifted direct debits and as far as she was concerned closed the account. No further statements were received or have been received from HBOS.

 

In a letter(recorded delivery) to Westcot this was advised and that she disputed their claim for money in the first place, then pointed out that in any case this would now be statute barred as over 6 years since account used, and no corresspondence from her or from HBOS.

 

In fact the name on the Westcot letters have noted my wife's pre-married name, as we were married in June 2002 this would prove that they have info over 6 years old.

 

Also as we now live in Scotland the statute barred timeframe is 5 years. Received letter back saying all on hold while they look into it but this may take a few weeks.

 

Letter received today advising that the account had been closed in July 2008 due to arrears, so therefore was not covered by statute barred!?

 

Since last using this account we have moved 3 times but have lived at addresses for 3years, 1 year, and most recently 3years, so they have had plenty of time to trace us through electerol role etc prior to 2 weeks ago.

 

My understanding is that statute barred applies if no contact/corresspondence occurs within 6 years in England & 5 years in Scotland, however Westcot appear to be saying that it is from when the account is closed.

 

Personally I believe they are wrong, is there any wording that we can quote in a letter that specifically details this. In the first letter we detailed this with the following paragraphs:-

 

'In addition, I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” In Scotland this is 5 years.

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

We will be getting her credit report to check if any adverse entries have been made by either HBOS or Westcot against her name, God help them if they have, compensation demands will be huge.

 

I will then be adding that any further corresspondence will be treated as harrassment, reported to OFT and will also enclose our invoice for costs due to postage, our hourly rate cost, inconvenience etc etc.

 

Look forward to any thoughts, information and advice on this.

 

thanks

 

JJF

[rory32]

Letter received today advising that the account had been closed in July 2008 due to arrears, so therefore was not covered by statute barred!?

 

As you have suspected this is complete twaddle. Send them the following via recorded delivery.

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[rory32]

And just in case they give you some rubbish about the account falling under English Law, have a read here Can I be sued in England? | free help from Govan Law Centre , Glasgow

[Rooster-UK]

From what you say, this debt is statute barred, regardless of what Wescot are trying to claim.

They are trying it on.

 

Try sending this letter.......

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162366

 

Regards, Rooster.

[Rooster-UK]

You beat me to it, Rory.

[postggj]

just a quick question to the site team

 

how can wescot or any dca use that line to con the alledged debtor

its obviouse statute barred, they have been told this also

 

dont the unfair trading regs come into play here

 

the point i am making is

the more dca land in hot water, the less they will try this line

[rory32]

Try sending this letter.......

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Regards, Rooster.

Wrong statute Rooster. It would now be under Scots law.

dont the unfair trading regs come into play here

They certainly do and the OP should report them to the OFT along with a copy of the letter.

[johnnyjoeflyer]

Thanks a lot Rory & Rooster for the confirmation of my thoughts and the additional detail to include in a letter, much appreciated.

 

Will let you know what response we get. Think we will also send copies as you say to OFT etc, after all anything that can be done to make Westcot's life a misery needs to be done.

 

JJF:)

[rory32]

Think we will also send copies as you say to OFT etc,

There's a template here that you may wish to adapt.

[postggj]

johnny

 

that goes for any dca

glad its put your mind at rest

i would check your credit file for any nasties

[johnnyjoeflyer]

Just to update everyone on this and thankyou to all those who responded and your advice.

 

After 5 letters from the parasites at Wescot, and our responses to their lies and deceptions around statute barred timeframes and that the amount was outstanding in the first place, we have now received a letter saying that their client (HBOS) has withdrawn the account and that no further action will be taken by Wescot.

 

I have just taken great delight in calling Wescot (withheld my number)to tell them that whilst they may not be taking any further action, we are.

 

I pointed out that they were made fully aware in each of our letters to them of the statute barred situation, and that the amount outstanding was disputed as existing anyway. Yet they still continued to put pressure on and attempted to deceive us into paying the amount they were demanding.

 

I have now told them that I am reporting them and sending copies of all corresspondence from them and us to the OFT and FSA complaining of their tactics, and that it was tantamount to attempting to obtain money by deception, or attempted fraud. Strange they went rather quiet.

 

Another thing if anyone else is having problems with Wescot, rather than write to them using their PO Box address in Hull, use thier head office address in Ayrshire, it makes them have to sign for recorded delivery items.

Full address is:-

 

Wescot Credit Services Ltd

Kyleshill House

1 Glencairn Street

Saltcoats

Ayrshire. KA21 5JT

 

Any thoughts on whether we could also put in an invoice to Wescot for the time we have spent in dealing with them, administration costs, postage etc.

 

Once again thanks for the advice and support.

[ODC]

The Litigant in person rate is £ 9.25 per hour so use this as a guide.