Wescot Credit Services Ltd and great universal debt

[den3371]

Money went out 5 days ago, they can't do anything!! So I guess I have to pay them now?

[natwesttookmymoney]

Den

I'm so very, very sorry but I think you do.

If anyone else has any comfort to offer, please do so quickly.

Westy

[becka]

" Secondly once a debt is time limited, statute barred, limitations act whatever NOTHING will unbar it and start the clock ticking again."

Sorry, Neil, you're wrong. Making a payment resurrects it.

Den, get that payment stopped. Do it first thing Monday, of you haven't done it already.

Best

 

westy

 

Sorry Westy ... Neil *is* right - once it is past the 6 years that's it ... unenforceable by law

 

However ... making a payment at 5 years 11 months and 30 days would start the clock ticking again

 

The acknowledgement also has to be in writing - The letter sent stating that no debt is acknowledged is the only thing they have - it will be very easy for Den to argue that they felt pressurised into making a payment, I think most people are very aware how unscrupulous DCAs can be

 

Den - you'll be fine - don't make any more payments, you should find it a fairly simple process to get these monkeys off your back!

[den3371]

Becka

 

Thank you so much, so I will sit tight and wait. Can I just say how fantastic you have all been and I really appreciate all the advice I have been given, it really is conforting to know that people care!

 

Again, thank you, thank you, thank you!!!

[natwesttookmymoney]

Hi, Becka

 

I would so love to agree with you but what I've uncovered so far tends to go against you.

 

This from Payplan (the free debt management company, though it's funded by the credit companies themselves) says this on its website (The Limitation Act 1980 | Payplan)

 

 

Remember, creditors are still able to pursue an unsecured debt if:

• They have previously obtained a judgement against you (a CCJ);
  
• You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)
  
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

County Court Judgement

 

If the creditor has previously taken you to court and you have received a County Court Judgement, you will be unable to use the Limitations Act 1980 to dispute the debt. If the judgement is over 6 years old the creditor may need the permission of the Court to enforce the debt.

And:

 

 

What to do if a creditor contacts you after six years

 

Don't admit to owing the money

Once you agree to owing the outstanding amount then you are required to pay the debt back. If a payment is made, even after a 6-year gap, the Limitations Act 1980 won't be enforceable and the debt will have to be paid back.

If a creditor, who you haven't had any communication with for 6 years contacts you about the debt you should write to them quoting the Limitations Act 1980. For more information and advice contact Payplan.

 

I've also got this from Community Legal Service Direct (Dealing with Debt)

 

Limitation period

The Limitations Act 1980 gives creditors a maximum amount of time to start legal proceedings after the last payment or written acknowledgement (note or letter) from the debtor. For most debts, this is six years, or 12 years for mortgages. If you have not paid anything towards a debt or 'acknowledged the debt' in writing (for example, by writing to the creditor about the debt) for more than six years, you should get specialist advice before you speak to the creditor about an arrangement to pay what you owe.

 

 

If there is contradictory or rebutting law or case law, please, please direct us to it. But I can't find it anywhere.

 

 

Sadly,

Westy

[den3371]

Ok, say this is the worst case scenario, which I fear it is, can I make an offer of a one off final payment? I don't want this hanging around my neck for months and months. If I were to do this, say offer £100 as a full and final payment, is it likely they would accept this?

[natwesttookmymoney]

Possibly worth a shot, but don't do it until you're SURE that I'm wrong - and I would love to be wrong, on this occasion.

They may or they may not. If not, then fill out your income statement and send it back to them, with a reduced offer - say, £1/month. If you've been made redundant and are on benefits then you've presumably not got much cash to spare.

May also be worth a DPA letter, to get all the info on the account. You never know - there may be charges you can claim back!

Good luck, feel better. Some things we can influence, some we can change and some - well, we just have to make the best of. that's when firends and family come in handy.

Westy

[den3371]

Thank you Westy.

[natwesttookmymoney]

You're welcome. Wish I could do more - my heart goes out to you.

 

 

Still, it's Euromillions day on Friday and I think it's a rollover. That's something to look forward to, eh?

Westy

[becka]

After reading the excerpt from payplan I stand corrected (though my tutors have something to answer to!!) and in the immortal words of Dr Hausmann "When I'm wrong, I say I'm wrong"

 

Den can't win the Euro millions ... I'm going to!

[den3371]

No, sorry guys, I have the winning numbers for Wednesday, Friday and Saturday, so I really wouldn't bother checking your numbers!!!

 

I have just spoken to a lovely Lady from the National Debtline, I told her the situation and even though I have made a payment, I am not liable to pay. She said I wouldn't get the payment back, but stated under the limitation act they could not enforce it.

 

If they challenged my letter then I can apply to ask for details of the account, but she said as the debt was nearly 10 years old now, it was highly unlikely.

 

She also thinks that it hasn't gone to court as DCA's do not normally pursue people if this is the case.

[djweeble]

Money went out 5 days ago, they can't do anything!! So I guess I have to pay them now?

 

Yes they can, and NO you don't. Tell the bank you want them to do a chargeback, because the money was taken from you under pressure and using false pretences, but do it quick, and be very insistant about it.

 

Don't make any offer until you've heard back from them and posted their reply here, there's still a possibility you can get rid of these leeches, as you were pressured into making a payment on a statute barred debt.

 

Another thing, if as you wrote the debt is for Great Universal, the chances are there's no credit agreement, so it's probably unenforceable anyway.

 

STICK TO YOUR GUNS

 

And don't under any circumstances talk to them on the phone, for any reason, these people have a habbit of twisting anything you may say on the phone to suit themselves. Keep everything in writing, that way you have a "paper trail" for your own records.

[den3371]

djweeble

 

Thank you, will sit tight until I have had a response. Will not do a thing until I post a reply on here and get more advice. I can't believe I didn't know this site existed I appreciate everyone's comments.

 

Thank you so much

 

x

[djweeble]

Good on you.

 

But do the chargeback immediately, you don't need to wait for their reply for this.

 

BTW,

I can't believe I didn't know this site existed

 

A lot of people still don't know, pass the information around to all your friends

[natwesttookmymoney]

Sounds like good news, Den, and I hope it is. Fingers crossed for you - keep us posted.

Westy

[den3371]

Dear All

 

As you know I sent off a letter regarding 'The lImitation Act' a little while ago and STILL have not had a response from Wescot (just wait it will arrive tomorrow now!!) I know they received the letter as I sent it recorded delivery and checked the Royal Mail site confirming it's delivery.

 

How long do these things take??

 

Thanks in advance

 

Denise

[me_n_my_kids]

i dont want to gatecrash someone else's thread but wanted to just ask one question about wescot. i had a debt with them and accepted a settlement figure. i made payment in 3 parts over the agreed month, as accepted at the tme by the man i spoke to. when making the final of the 3 i was told this wouldnt class as debt paid as it should have been in a lump sum. so ive had to carry on, make a new payment plan and pay the rest of the debt off. is it too late to do anything about this?

[natwesttookmymoney]

Helz

I've heard some appalling stuff but I've got to say this is down with the lowest!

Have you got this arrangement in writing from them? If so, point out that you have complied with the agreement and therefore the matter is settled.

If you haven't got the letters, tell them the same thing anyway and demand return of all monies paid since you made the final payment. failing which, you will pursue the matter through the courts.

If what you've said is accurate and you've paid them as agreed - don't give them any more money. If they start harassing you, use the anti-harassment letters which you will find in the library. And send a DPA letter, demanding ALL information relevant to your account, including correspondence and notes of telephone conversations. And record all phone conversations with them from now on.

Anyone disagree?

 

Westy

[me_n_my_kids]

i really really wish i had known about this part of the site at the time it happened, i was claiming back charges from hsbc but i put all my time and energy into those forums and didnt even realise there was a debt area!

 

unfortunatly the debt was £600ish to start, we agreed on around £300 and since this happened i have paid the rest in full. about £200 over the settlement figure, as some of the debt was already paid by the time it was agreed. Am i too late, or should i send any kind of letter demanding payment back?

[den3371]

Dear All

 

As you know I sent off a letter regarding 'The lImitation Act' a little while ago and STILL have not had a response from Wescot (just wait it will arrive tomorrow now!!) I know they received the letter as I sent it recorded delivery and checked the Royal Mail site confirming it's delivery.

 

How long do these things take??

 

Thanks in advance

 

Denise

[me_n_my_kids]

im so angry with wescot now, i had tried to put them behind me but im raging angry now and im hoping that someone can tell me some good news about my settlement figure issue, id love to win something against them, even making them give me back a tenner!!

[me_n_my_kids]

sorry i didnt mean to ignore you, den, but i have no idea :o

[iwannabedebtfree]

helz i would send wescot a sar, if they spoke to you over the telephone and an agreement was made they would or supposedly would have had to have made notes of the conversation, i would request every scrap of data they have on you. I would also look at the outstanding debt and whether they have added charges and if so look at whether they can or not, the OFT guidance is good in that it says they cant. It does sound a rather nasty trick, but if they have been dumb n put something in writing on their database about a settlement then use it against them.

Incidentally i made wescot agree to £1.60 per month to pay off a debt, and from then on they never spoke to me just let the cheques roll in every month.

[Peterbard]

• They have previously obtained a judgement against you (a CCJ);
  
• You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)
  
• You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

Just to confuse matters further I have an information sheet on this very subject from the CAB it states:

39(a)

If a client or her /his adviser, contacts a creditor and acknowledges the debt within the six years the six years (five in Scotland ) will run from the date of the letter. The general rule is that to take effect this acknowledgment must be in writing and signed by the person making it.

39(b)

An oral admission ,including a telephone call is not sufficient to be an acknowledgment. A transcript of a call is not evidence of acknowledgment of a debt. It is therefore, advisable to make enquires by telephone rather that in writing. However reference to telephone conversations in a subsequent letter signed by on behalf of the client could allow evidence of the conversation to be given in court, so that the letter and the conversation together could amount to an acknowledgement.

 

Hope this Helps

 

Peter

[den3371]

Dear All (this is concerning the original post)

 

As you know I sent off a letter regarding 'The lImitation Act' a little while ago and STILL have not had a response from Wescot (just wait it will arrive tomorrow now!!) I know they received the letter as I sent it recorded delivery and checked the Royal Mail site confirming it's delivery.

 

How long do these things take??

 

Thanks in advance

 

Denise