Received letter from wescot re old o2 account - help Please

[dx100uk]

they are not the owner they can safely be ignored

 

dx

[moneydragon]

I have recevied a letter today from Nelson Quest in that Westpots Have instructed them to collect the outstanding balance.

 

This is an ongoing complaint with the ombudsman therefore surely are Westpts not in breach?

 

If I am right then I have drafted the following I would be grateful if someone could read through and advise me if this is the right thing to do and say:

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Telefonica/Wescot and since 25th May 2012 a official complaint has been logged with the Financial Ombudsman which to date has not been resolved.

 

I consider your actions to be a breach of OFT collection guidelines

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to Telefonica/Wescot for resolution of these defaults and breaches, as Telefonica/Wescot cannot lawfully pursue any enforcement activities.

If Wescot chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplish

Many thanks md:???:

[dx100uk]

i'd send nowt

 

dx

[moneydragon]

i'd send nowt

 

dx

Hi dx

 

Thanks, however they give me 10 days and if I ignore then further recovery activity will be undrtaken. I thought if I sent them the above I could send both onto the ombudsman .

 

md

[dx100uk]

they are a dca they have NO LEGAL powers to dictate anything

 

they do not own the debt

 

further activity.....haha....another silly letter.

 

ignore them

 

dx

[moneydragon]

Hi dx

 

Whilst I appreciate what you are saying Wescot/Nelson Pest Solicitors are stating they are acting on behalf of O2.

 

md

[the_shadow]

Hi dx

 

Whilst I appreciate what you are saying Wescot/Nelson Pest Solicitors are stating they are acting on behalf of O2.

 

md

 

In which case O2 should respond to your complaint letter or you need to complain as in post #24.

 

If you really want to get into post ping pong just write back to Nelson stating you have an ongoing complaint with O2 which you are raising with the phone Ombudsman and so politely do one.

 

 

S.

[moneydragon]

Hi All

 

Well what a waste of space the ombudsan is, they ruled in favour of o2 stating that I gave no proof of not receiving e-mails and letters. They were not bothered that o2 gave no evidence that they sent correspondence then I really did not expect more as ombudsman!

 

I did not except their ruling.

 

Today I received a letter from Wescpots demanding payment and stating that if I did not pay then I could expect a doorstep collection.

 

Yes I know I shouldn't of done but I rang them to ask for a proof of earnings form so I could set up a standing order, to which that said they could not accept standing order (bulls***). They would if I was prepared to pay in full today they would give me a £100 discount, other than that they wanted 3 payments of £132.00. which I cannot afford.

 

Can anyone guide me

[dx100uk]

yes IGNORE THEM!!!

 

they are offering a discount now too,

 

that money will go to THEIR PROFIT POCKET

 

to enable them to harrass others like you got caught under

 

dx

[moneydragon]

Thanks dx

 

The ombudsman however stated that I was liable for this payment and as I have now been threathened with a doorstep collection i dont feel i can ignore them how much i would want to.

 

Oh and another point the ombudsman stated that o2 should send me an apology as they failed with their customer service that they haven't done .

 

md

[dx100uk]

the obudsman IS NOT A JUDGE

 

and a DOORSTEPPER has NOI LEGAL RIGHT TO COLLECT MONEY FROM YOU

 

only a BAILIFF can do that.

 

dx

[cerberusalert]

they ruled in favour of o2 stating that I gave no proof of not receiving e-mails and letters. !

How is anyone able to prove they didn't receive anything?

 

I haven't received anything from them either but I'd have a devil of a job proving it.

[moneydragon]

I am in full agreement with you cerberusalert I argued this point, below is a paragraph from their findings

 

" I note that you advise that O2 is not sending anything to your new address, but that Wescot is. I

consider this is because O2 has sold the debt to Wescot, in light of your failure to make

payment. You have supplied no evidence that the company has been sending correspondence

to the incorrect address." How can you provide evidence that has gone to the wrong address - muppetts

 

I have been in my new address for over 18months and that was when I first let o2 know.

 

Any putting this aside and moving on I now have to deal with Westpots and becuase I rang them today can that be counted as acceptance of the debt?

 

md

[moneydragon]

Hi dx I know, I shouldn't but I let these low lifes get to me and panic - anyway I have sent wespots a letter informing them that they can only come to my house with an appointment and that i have no intention of giving them one, so take a hike!

 

md

[cerberusalert]

Any putting this aside and moving on I now have to deal with Westpots and becuase I rang them today can that be counted as acceptance of the debt?

It has to be written acceptance, anyone could have 'phoned them.

[dx100uk]

IMHO ignore them.

 

dx

[Bazooka Boo]

You really shouldn't let these silly little children worry you, they are toothless.

 

They can do nothing.

They are NOT bailiffs.

They cannot take your money.

They have NO legal powers whatsoever.

 

Ignore them, the more you keep dancing to their tune, the more they will keep playing it.

 

IGNORE them.

Stop sending them letters, just like little children they'll get bored and move on to someone else.

[moneydragon]

I haven't heard anything more from westcot, though O2 have now passed this onto another collection agency. Crap quest sent a letter to my parents address, they sent it back to sender as no longer at this address.

[renegadeimp]

If its getting passed around like that, then its very likely unenforceable, and you need to find out why.

[moneydragon]

thanks renegadeimp for your reply, any advice on how I would find this out?

 

md

[Ros1609]

Check your credit file

[oleg]

Capquest probably bought the debt rather than just collecting for OC.

 

 

If you don.t want them to catch up with you,

 

 

just tell your parents to continue to return mail and cq will eventually give up.

 

 

However, if you want to find out more, you will most likely have at some point to disclose your new address.

 

In my opinion, you have already engaged in far too much letter tennis.

 

 

It achieves little other than to indicate weakness to the enemy.

 

 

So they pursue their prey.

[renegadeimp]

thanks renegadeimp for your reply, any advice on how I would find this out?

 

md

 

Check your credit file and see if its listed, or SAR/CCA them

[Bazooka Boo]

CCA request will be a waste of time for a Moby debt, Ignore them, don't send anything or request anything.

[moneydragon]

All went quiet on the crap quest front until today when I received the following:

 

As legal owner of this account we are able to obtain regular update from reference bureaux regarding your current financial position. We use this to evaluate what steps should be taken to get your account onto a paying status and assist you in repairing your credit file.

 

These updates include the following information about you;

1. Bank account balances

2. Credit and store card account balances and available credit

3. Details of unsecured personal loans and other credit agreements.

4. Mortgage and secure loan details.

 

We will use financial updates from the bureaux in conjunction with other factors in determining our recovery strategy, which may include legal action.

 

Then they go on about contacting them by 5.12.13 to agree an acceptable arrangement.

 

Well this is a new tactic to me, first thing I knew that they are the legal owners, they have been rining me but I haven't spoke to them.

 

Do I need to send them a prove it letter and I will only speak via letter o do I need another approach?

 

Would appreciate any advice.