Final settlement balance being pursued after 4yrs

[iola]

Hello, I'm new to the site and I do appreciate people are volunteering their time.

 

I am under time constraints though because the company say they will take further action if I don't reply within 14 days of the date of their letter,

 

since it took 7 days to arrive that gives me a very short turnaround period.

 

So here is my problem.

 

In 2009 Wescot agreed to accept £1500 as final settlement on a credit card debt of £2500, thus leaving £1000 unpaid.

 

I asked Wescot for a letter confirming this was a Full and final payment but they only partially complied.

 

The letter they sent me says it was a final payment and that Wescot will not be pursuing the unpaid £1000 portion of the debt.

 

I don't have proof but from memory I think Wescot were acting on behalf of Arrow Global.

 

A company called rossendale have now written,

they say on behalf of Arrow Global,

seeking the unpaid portion of the debt.

 

I wrote back explaining my circumstances and that a final settlement had been paid.

 

They asked for proof, I wrote back with partial quotes from my Wescot letter

and suggested they go back to Arrow Global and ask them to look up their files.

 

Interestingly Arrow Global are able to quote the date and amount of my final payment,

but say they need proof that this was a full and final settlement.

 

I could just send them a copy of my Wescot letter,

but I smell a rat and think they may try and say that just because Wescot said they wouldn't pursue the balance it doesn't mean they won't.

 

Is there any legislation that covers a circumstance such as this?

 

I'm tempted to write and ask them for copies of the information they have on file.

I've been approached by rossendale out of the blue,

 

I don't recognise the reference they use to identify the debt

and I dislike the intimidating suggestions about 'taking this further' and whatever that implies.

 

I really need to make this go away as quickly as possible,

and I couldn't deal with the stress of fighting a court action.

 

When I made this payment I had just been diagnosed with terminal cancer a

nd was trying to clear as much debt as I could and put my affairs in order.

 

My terminal illness hasn't gone away of course and it's still vitally important to me that my affairs are as clear of debt as possible

as well as being free of any on-going issues.

 

Were my cancer curable they'd say I was in remission, it's not, and I'm living on borrowed time.

 

I don't want to seem melodramatic but I would really appreciate some help and advice

Many thanks

Iola

[renegadeimp]

Simply put, youve been tricked by arrow and wescot into paying a lemon debt. You have now been marked as a potential cashcow and your account is being passed around, which is why you are getting various reference numbers,

 

 

Did you keep that letter they originally sent you?

 

Also, you can send them a prove it letter, and make sur eyou state clearly at the top " I do not acknowledge any debt to you or your client"

 

You also REALLY need to stop communicating with multiple DCA's. Only the owner of the debt can do anything. On that point, check your credit file and see if the debt is listed there.

[dx100uk]

hi iola...

 

sri to hear of your health issues.

 

sadly looks like you fell for the typical spoofing tricks of many DCA's

 

on a debt prob not even owed.

 

the discount spoof.

 

what was the org debt about please

 

have you ever sent AG a CCA request?

 

as with ALL YOUR DEBTS..

 

unless you will have money left from your estate

your debts die with you.

 

dx

[iola]

Hello, the original debt was a credit card debt owed I think to Goldfish, but it might have been BOS. I did have a lot of debt at one time, not now thankfully.

I've never asked for a cca request. if I make that request to AG do I inform Rossendale or should I be ignoring their letters altogether.

Thanks for the last point, there may well be money left in my estate when I die, but I absolutely don't want it going to companies such as this. I've suffered enough grief through dca's over the years and I'll be damned if I leave them in a position to rob my husband after I die.

[dx100uk]

you can ignore every dca.

 

they are only out to fleece you.

 

or you do what I do...question every debt

 

and their right to demand money on it.

 

just remember

 

a DCA is NOT A BAILIFF

they have NO SUCH LEGL POWERS.

 

fire AG and anyones else you supposedly have debts with [bar bank accounts/overdrafts]

 

a cca request.

 

no caa mate ...bugger off!

 

mightbe an idea to list you debts

who they arewith

 

and the amounts [roughly]

 

ever got you credit file too?

 

see below

 

if a debt does not show time to SERIOUSLY investigate why!

 

dx

[The Mould]

As regards any monies left in your Estate upon your death,including life insurance, arrange the same to be put in trust immediatelythrough your financial advisor or directthrough your insurance company, nominate your children (if any as thebeneficiaries thereof) and your husband as the trustee, or if you do not haveany children, then nominate your husband of the trust and the solicitors astrustee thereof; No creditor can touchand funds held in a trust Estate!

The above is your priority. Or, open an account in your children’s’ name and put any money you havetherein.

In any event, without a valid Will, your Estate will pass toyour husband on intestacy laws of England and Wales. To keep things legally watertight, make thattrust and make your husband the beneficiary of the same; account solicitors ora good financial advisor or indeed your insurance company will help you to setthis trust up – no creditor can touch it once complete.

As regards CCA Request, send one to original creditor andone to the DCA chasing you for debt claimed now – enclose a £1 postal order toboth. Non-compliance with the same,means that no enforcement action can be taken against you.

Further, post up any default notices you receive minuspersonal details.

Kind regards

The Mould

[Desperate Daniella]

Hi iola,

 

I am sorry to hear you are unwell, and you don't need this on top of everything else you are dealing with.

 

If it was a Goldfish card, then it's 99% certain they won't have the original credit agreement, and some Bank of Scotland "agreements" are not enforceable either.

 

Let us know what you get in response to the CCA request. Hopefully we'll be able to confirm that they can't enforce the agreement and you can tell them to bu**er off.

 

DD

[iola]

Thank you so much each of you for your advice.

 

I wrote a letter today to the DCA Rossendale asking for CCA info,

but also highlighting I accept no liability,

 

I will now write to Arrow Global as well.

 

I don't have their address, since they've never contacted me themselves,

I'm guessing I can find their info on the web.

 

I have two other debts that I've been paying off monthly for some years, that agreement was originally a Co-op loan,

 

I had been paying B.Carter but I've recently had a letter telling me it's transferred to Wescot.

 

I didn't dispute that move since nothing changed except who I paid the money to.

 

One loan now has £400 owed on it,

the second loan also re the Co-op is larger, with £2000 still owed, that had almost £5000 when I started paying them.

This has been going on for years,

 

I really was in a huge mess at one time.

i've probably paid way over the odds in re-payments.

 

The advice re the trust is very helpful,

 

I will definitely act on it since like many people I'm worth far more after death than I am now.

 

I haven't any default notices, not for years, 5+ at least. These are all old old debts, I think all are pre 2004, might that be helpful?

 

I'll get that second CCA request sent off tonight and we'll wait and see what happens.

 

I already feel a weight coming off my shoulders because of the feeling you all are giving me of not being all alone with this.

 

Many many thanks.

Iola

[dx100uk]

oh god..

 

it really pains me to see ANYONE being cash cowed

let alone someone in your state.

 

but sadly I think you ARE!!

 

get a CCA request off for EVERY debt you are paying.

 

I assume carter sent a few threat-o-grams and you fell for them?

 

the co-op would NEVER EVER sell a debts off of those value

 

there must be something WRONG WITH THEM

 

PPI?

penalty charges?

 

I know time is tight [sorry no polite way of saying it]

 

but you REALLY need to get an SAR off to the co-op and get all your statements for those loans.

 

dx

[Desperate Daniella]

iola,

 

You are not alone.

 

Before I found CAG I just knew there had to be people out there who were in the same situation as I was - but I didn't know how to find them. I thank God for the day I found CAG on the internet.

 

We are all going to help you as much as we can, and I am so glad if we have made you feel just a little bit better.

 

Hugs,

 

DDxx

[2Grumpy]

As far as the account with the settlement is concerned, it is for the dca asking for money to show that there is an amount payable

 

I think that the total lack of collection activity by Wescot after the lump sum paid shows that this was accepted as a F&F payment

 

It's difficult to think of an explanation that doesn't include the F word somewhere along the line ...

[iola]

Hello to you kind folk.

 

I've sent my letters you advised re the old debt their chasing.

 

So it's wait and see mode now.

 

I'll be sure and report back once I hear anything.

 

I am a bit worried about sending the SAR to Wescot re my old co-op debts.

 

I'm not sure what I'm trying to achieve there.

 

By paying up for the last goodness knows how many years

I've acknowledged I owe that money haven't I?

Could someone explain please.

Many thanks

Iola

[dx100uk]

who said SAr the dca?

 

dx

[iola]

Hello dx, it was in your reply on the 22nd. Are you thinking I should apply for PPI?

[dx100uk]

well certainly get all the statements

 

but just be sure

an SAR goes to the Original Creditor [the Co-Op]

NOT the DCa [wescot]

 

as I said above.

 

dx

[exdca]

Hi

This will be a typical DCA mess. I would do the following write to the Head of Compliance at Wescot , just googled it is a Mrs Charlotte Allen, I would say that you paid this amount in the belief it is a full and final settlement. State that you would like confirmation of this fact given your illness. They should do this. State that if they do not acknowledge this, you will go to the following bodies to complain : Lending Standards Board and the Financial Services Authority. Also I would add the Office of Fair Trading. Arrow accounts are always a mess in my opinion.

 

Thanks

[iola]

Hello, sorry not to have replied earlier,

I wasn't able to use the computer for a few days.

 

Thank you exdca for your suggestion and for going that extra mile and looking up that ladies name.

 

That seems like a good idea I'll do it today.

 

I was looking at my paperwork last night and it's left me wondering how and why these people can operate as they do.

 

I first had a letter from Arrow Global telling me that they are actually Wescot but are changing their name to Arrow Global.

 

Then in respect of the 2nd debt I mentioned in a previous post,

this is one that I have been paying,...I've had a letter telling me that debt has been assigned

...wait for it....to Wescot.

 

Who's name I thought was disappearing, but apparently not completely.

 

But stay with me here please folks.

 

It's Wescot who I had the original final settlement agreement with,

so how on earth can they now say, under cover of a name change,

that they know nothing of that agreement.

 

This all beggars belief, how can this confusing behaviour be legal, surely they're deliberately setting out to confuse.

[dx100uk]

been like that for years.

 

how you getting on with some of these CCA requests?

 

and the SAR to the co-op regarding getting all the statements ?

 

dx

[The Mould]

Hello, sorry not to have replied earlier,

I wasn't able to use the computer for a few days.

 

Thank you exdca for your suggestion and for going that extra mile and looking up that ladies name.

 

That seems like a good idea I'll do it today.

 

I was looking at my paperwork last night and it's left me wondering how and why these people can operate as they do.

 

I first had a letter from Arrow Global telling me that they are actually Wescot but are changing their name to Arrow Global.

 

Then in respect of the 2nd debt I mentioned in a previous post,

this is one that I have been paying,...I've had a letter telling me that debt has been assigned

...wait for it....to Wescot.

 

Who's name I thought was disappearing, but apparently not completely.

 

But stay with me here please folks.

 

It's Wescot who I had the original final settlement agreement with,

so how on earth can they now say, under cover of a name change,

that they know nothing of that agreement.

 

This all beggars belief, how can this confusing behaviour be legal, surely they're deliberately setting out to confuse.

 

DearSirs

RE: Account No. xyz – Full andFinal Settlement Agreement Concluded Thereon With Westcott Dated (state the date ofyour full and final here)

You paid£1500.00 in full and final to Westcott and was induced into believing that ifyou paid this said amount, that the account would be closed and that Westcottwould not pursue you any further as regards this account if said sum was paidand that no further amounts would be owed or required under the account

In thelight of the forgoing your believe that Westcott exercised fraud in theinducement against you in order to obtain the said £1500.00 under a belief thatno further sums would be required.

State towhoever the DCA is now or creditor that you do not owe any further monies asyou have settled the account balance by way of full and final settlement with Westcottand they ought to, therefore, revert their correspondence back to theaforementioned creditor.

Statethat as far as you are concerned, a compromise settlement was agreed with Westcottwhereby there was a consensus ad idem (agreementto the same thing) between you two parties on the same as regards your full andfinal payment of £1500.00 to this account.

Forreasons set out above, their claim that you owe any further moniesunder said account is denied and will be vigorously Defended upon the issuanceof any Court claimed issued for the same.

Yourespectfully request that they revert all enquiries on this account back to Westcott for a full response therefromon the same.

Youconsider that this matter is, as amatter of 400 year old case law in thisarea of law, closed in accordance withyour full and final settlement agreement concluded with Westcott.

I lookforward to your response hereto by return. If such is unsatisfactory, Ireserve my right to commence legal action against both you and Westcott withoutany further reference to either of your companies on the grounds of fundamentalbreach of contract and harassment under the harassment act 1997. In addition to the matters set out above, thepurpose of this letter is to put both of your companies on notice as regardspotential legal action on the same.

Yoursfaithfully

Ms xyz

CC. Westcott

Kindregards

TheMould

[bengateway]

For what its worth, common sense is the crux here.

Why would you pay £1500 in a lump some 4 years ago if it wasn't anything other than a full and final settlement.

And even more important.

Why would the DCA accept this payment, and then leave the remaining balance for 4 years without setting up a re payment programme with you to recover it.

If it was supposed to be anything other than a full and final, the 4 years simply would not have elapsed with no further contact.

Discounted full and finals are well known within the industry.

You know it,

They know it,

And a district judge would know it.

Stick to the facts, keep it simple.

They have to prove its not a full and final settlement, not the other way around.

I would be very surprised if a DJ would honestly see it any other way.

Only my opinion, but as said common sense please.

Edited November 5, 2013 by bengateway

[iola]

I'm waiting for replies but they've a good week left yet within the time frame. I agree I do think I will have to stay with common sense, that's what I feel comfortable with and makes sense to me. To theMould, thank you very much for taking the trouble to draft a letter for me, I don't think I can use something that's so very unfamiliar to me though. Aside from anything else I couldn't cope with the stress of taking this up a level, I'll be saying my prayers and keeping my fingers crossed that they'll see I'm not going to roll over and give in and that I'm too much trouble to keep bothering. If it does...heaven forbid....end up in court, aside from the letter they sent me I can't believe a magistrate would believe they'd ignore a debt for yrs if they were entitled to collect on it.

[oleg]

Hello Iola . I feel for you and wish you well; I'm saddened to see that you've been paying degenerate shameless con artists instead of taking care of yourself, but glad you are now receiving good advice.

HOWEVER , I am writing this for the benefit of anyone reading who may be in debt to Co-op. DX's earlier post is completely wrong. Co-op do indeed sell large off large debts. In 2012, to release some equity after their fateful acquisition of Britannia Building Society, they sold a skip-load, including many five-figure ones, to Lowell. There were several threads from members here affected by this.

Excuse my interruption, Iola, I just didn't want people indebted to Co-op to be lulled into a misplaced sense of security.

Thanks

[The Mould]

I'm waiting for replies but they've a good week left yet within the time frame. I agree I do think I will have to stay with common sense, that's what I feel comfortable with and makes sense to me. To theMould, thank you very much for taking the trouble to draft a letter for me, I don't think I can use something that's so very unfamiliar to me though. Aside from anything else I couldn't cope with the stress of taking this up a level, I'll be saying my prayers and keeping my fingers crossed that they'll see I'm not going to roll over and give in and that I'm too much trouble to keep bothering. If it does...heaven forbid....end up in court, aside from the letter they sent me I can't believe a magistrate would believe they'd ignore a debt for yrs if they were entitled to collect on it.

 

Then let the DCA make the next move and report it back here. Magistrates do not deal with these matters, a District Judge would deal with the same, if and only if the DCA issued a claim against you.

 

I believe that a troll is subscribed to this thread and I would be grateful to the Site Team to issue him with a warning to refrain from posting any comments that are clearly directed at me. Barrister's do not draft full and final settlement letters and I do not profess to be a Barrister.

 

 

Kind regards

 

The Mould

[The Mould]

Site Team

 

What about the troll. Can you get rid of it please.

 

Kind regards

 

The Mould

[The Mould]

I'm waiting for replies but they've a good week left yet within the time frame. I agree I do think I will have to stay with common sense, that's what I feel comfortable with and makes sense to me. To theMould, thank you very much for taking the trouble to draft a letter for me, I don't think I can use something that's so very unfamiliar to me though. Aside from anything else I couldn't cope with the stress of taking this up a level, I'll be saying my prayers and keeping my fingers crossed that they'll see I'm not going to roll over and give in and that I'm too much trouble to keep bothering. If it does...heaven forbid....end up in court, aside from the letter they sent me I can't believe a magistrate would believe they'd ignore a debt for yrs if they were entitled to collect on it.

 

Don'y be afraid of these robots.

 

Amend my drafted letter to suit (if you feel that you are not comfortable with its contents). You are not alone, if you are willing and have the strength to fight this, I will give you all the strength you need, notwithstanding that I myself have fallen down to an ill ness that is not as yet diagnosed. I will not leave your side and I will hold your hand all the way until the end, the resolution of this matter.

 

It is natural to feel frightened in these matters, especially when you are unwell, do not fear, if you fall, I shall carry you until you are well enough to make your own footprints in the sand.

 

You can fight this, you are stronger than you realise and you will not be left alone to fight this on your own.

 

 

Trust me please.

 

Kind regards

 

The Mould