Wescot Credit Services Ltd and great universal debt

[me_n_my_kids]

sorry i dont know but what is the limitation act letter for?

[demon_x_slash]

helz, if a debt is over 6 years old (different in Scotland) and the creditor has not been able to contact the debtor in any way, they are no longer able to enforce the debt. It's in the Statute of Limitations; if you need it, there's a letter in the template letter thread at the top of the forum.

[andy8]

sorry i dont know but what is the limitation act letter for?

 

 

Helznpeanut, May i suggest starting your own thread:|

[me_n_my_kids]

Helznpeanut, May i suggest starting your own thread:|

 

i do have my own thread, im not sure weather or not i will pursue the issue with wescot, so i dont have a thread relating to them in particular, i was only asking what the limitation act was, not any personal advice.

[Peterbard]

helz, if a debt is over 6 years old (different in Scotland) and the creditor has not been able to contact the debtor in any way, they are no longer able to enforce the debt. It's in the Statute of Limitations; if you need it, there's a letter in the template letter thread at the top of the forum

 

Be careful here the actual wording of the act says

 

"The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:"

It is not the age of the debt that makes it statute bared but the amount of time since the creditor acknowledged the debt. See my earlier posting this was also mentioned in the letter sent earlier in this thread.

 

Also be aware that a letter from the debtor signed by him and refering to "The Debt"(s) also amounts to an acknowledgement

 

Also if you must contact any debtor in writing the without prejudice notification will not necessarily protect the the debtors position,unless the letter is part of a continuing negotiation. I always recommend that any letter should start out with a flat out refusal of any knowledge of the debt and proceed from there as just inquiring about any agreement can be construed by the court as an acknowledgement.

 

Peter

[me_n_my_kids]

demon_x_slash and peterbard, thanks for clearing that up for me

[den3371]

Dear All

Update

Recieved a letter from Wescot this morning:

 

I refer to your telephone call dated 2 Dec 2006.

 

In view of the contents of your letter, further enquiries and investigations need to be undetaken and I therefore ask for your patience in this matter. I shall contact you further on co,m[pletion of our investigations.

 

Yours sincerely

 

blah, blah, blah.......

 

 

I am assuming the above is in relation to the Limitation Act letter I sent them 3 weeks ago? Does anyone know what they may be up to????????

 

Many thanks for any advice given, anf If I don't hear from anyone, I wish everyone a very very Happy Christmas and New Year.

 

Denise

[NailPost]

Was the letter you sent them a CCA request accompanied by the statutory fee of £1? If so this letter is a smokescreen to disguise the fact they don't have the necessary documents and they are trying desperately to get hold of them.

 

The law sets out the timetable not debt collecting s&&& like Westcot so stick to what has been set in stone.

 

Remember the clock started ticking the day they received the letter - do they acknowledge the letter dated such and such? - and once beyond the 12-working day limit need a judge's permission before they can proceed. Any request to the judge would have to accompanied by an explanation why they didn't produce the documents when requested. A judge won't be pleased when they reveal they didn't have them!

 

Remember also that once past the calendar month stage Westcot have committed a criminal offence - again!!!!! - and need to reported to the trading standards department of your local council and the OFT.

[den3371]

Hi NailPost

 

No, I have not sent them a CCA request. The letter I had sent was purely that I did not acknowledge the debt as per the letter on the templates section. What I found interesting is that the date they have mentioned 02/12/06 is the date I called them as I didn't know what the debt was. It was only when I called them, that I was informed it was from 1997 with Great Universal, this is the first time that I had been contacted concerning this debt.

 

During the telpehone conversation, I told them I had just been made redundant and couldn't pay the amount but I did pay £36 as I just panicked. After getting advice from people here and National Debtline I sent The Limitation Act Letter.

 

They have not acknowledged the letter only the telephone call. I sent the letter via Recorded Delivery, so I know they received it.

[NailPost]

CCA'ng a catalogue debt is not worth the effort as few, if any, are signed.

 

But a debt from 1997 is statute barred pure and simple and your payment of £36 is in no way shape or form acknowledgement of the debt which leads to it being unbarred.

 

Tell Westcot to prove the debt or shove off.

[den3371]

Thanks again NailPost

 

Will no doubt post again when they decide to send another letter.

 

Merry Christmas to everyone!!

[dapex]

you people are amazing. My wife had a call from Wescott a few weeks ago saying she owed £56. it turned out it was apparanlty from great universal in 1999, The wife is adamant that she didnt owe any money and the people from Westcott were very rude and all they kept asking was "are you going to pay the debt" When my wife asked for more details of the debt the Wescot person told her that Great Universal do not exsist anymore and so no info can be provided...

 

She then had a final notice through the post and now a letter from a so called solicitor. I was getitng a bit worried as we are thinking about moving mortgage later this year and I was worreid about any possible bad credit etc.

 

After seeing this thread I see we have no real worries. My wife has called consumer Direct who have advised her to send a letter via recordered delivery asking for full details of the debt, this has now worried me slightly as a note further up in this thread mentions

 

Also be aware that a letter from the debtor signed by him and refering to "The Debt"(s) also amounts to an acknowledgement

If she sends this letter even though the letter will say she does not owe any money, will it then open the time limit as the above statement implies.

Please dont get me wrong, the amount of money is small but my wife is certain she doesnt owe the amount and so its more of the principal...

Does it make any difference that my wife has got marreid and moved twice since the date of the so called debt?

Should I let her send the letter or just send the letter template at the start of this great thread??

Kindest Regards

Dave

[den3371]

Hi Dave

 

All I can say is follow the advice everyone has given me. Up until my last post I haven't heard a thing from Wescot. I also called the National Debtline, very helpful people too and they told me the same thing the debt is statute barred. When you write the letter about the Limitation Act make sure you put in there that 'I do not ackowledge the debt'.

 

Great universal DO still exist, when I told them I was going to call them, I was told that as the debt had been sold they (Great Universal) would have no records!

 

At the beggining of the Debts and Baillifs thread, you will find templates for all situations find the one for debts over 6 years old (Limitation Act), just copy and paste, fill in the relevant details and post off recorded delivery. Then wait and see what happens.

 

I am a natural born panicer!!! But this site and the help I have received as helped so much, good luck with it, I'm sure you and your wife have nothing to worry about.

[Peterbard]

If the last contact with the creditor was in 1999 and there has been no contact before 2005 by them or you concerning this debt then the debt is statute barred and you should send the letter at the begining of this thread.

If you are unsure or think they might have documentarry evidence that you have been in touch before 2005,send a letter denying any knowledge of the debt together with a 1974 cca section 77-79 request( available on here) requesting a true copy of the signed agreement if they can't produce it within 12 working days they are in default and they will not be able to enforce the action anyway.

 

The worry about having the account reactivated is only applicable if you contact them within the innital six year period and would then set the clock running again for six years after the contact was made, since in your case the six years had already expired the debt is barred and you have no worries.

Bear in mind that although the debt is statute barred this may not

not stop the DCA from persueing the debt only they cannot persue through the courts and they risk being in breach of the Administration of justice act section 40.

I have found however that once they know that you are aware of the situation they back off because they are left with very little to threaten you with.

 

Hope this Helps

 

Peter

[dapex]

when you sau this does not stop the DCA trying to persue the debt, how else could thye try to persue it if they have no action form the courts???

 

Does this mean they can send me letters and try to charge me for each letter and then send bailiffs round or can baliffs only attnd once it has gone to court????

 

 

Also, we have most certanly not been in touch with Great Universal as we knew nothing about this but seeing as we have moved house twice in the last 6 yrs could they still have tried sending us letters and that count??

Thanks for this whole thred it has taught me a lot.

[Peterbard]

NO thay can not not persue you through the county court.

 

All they can do is bully and try to intimidate.Stick to your guns and threaten them with the Administration of justice act if they continue.

 

If they threaten you with Bailifs remind them that to obtain a warrent for bailif acttion they need a County Court judgement which they don't have and will not be able to get because the debt is statute barred and also that in doing so they are in serious breach of the above mentioned act.

It is up to them to prove that contact has been made in the six years since 1999 not to you to prove it hasn't.

Stick to your guns and don't let them intimidate you with what are essentially lies and threats that cannot possibly be followed through

 

Peter

[den3371]

Dear All

 

Fantastic news!!!!

 

After all your invaluable advice, I have receievd a letter from Wescot this morning stating,

 

' Due to the issues raised in your letter, I can advise that your account has been closed on Wescot's system. Accordingly, you should receive no further correspondence from Wescot relating to this account'

 

Thank you all so much for all the help, advice and guidence, I really couldn't have managed this on my own. :D :D :D

[PriorityOne]

:D Excellent !!!!

[Peterbard]

Well done Den3371

 

Give yourself a huge pat on the back you stuck to your guns and beat the b***** a great result for you and a great example to others that are being hounded by these people.

 

respect

 

Peter

[Bazza100]

Anyone have problems with this company may need to write to the company directors direct.

 

I can advise on how to obtain further details via company house and it will only cost a pound (payable to Company House), so please feel free to contact me at barrie-turner@supanet.com

[shazh68]

Hi i also recived a letter from wescot last friday but my debt is 14 years old !!! i have printed the letter from the first page of this thread but im from northern ireland and i dont think the limitation act counts in northern ireland. i have tried to find info on this and it does say that its is extended to nothern irland but i wasnt sure if it was called the limitation act 1980, should i just send the original letter or could someone please let me know the relevent act that covers nothern ireland... thanks in advance

 

Shaz

[Bazza100]

Shaz, try this link The Limitation (Northern Ireland) Order 1989

 

The Limitation (Northern Ireland) Order 1989

[shazh68]

Shaz, try this link The Limitation (Northern Ireland) Order 1989

 

The Limitation (Northern Ireland) Order 1989

 

 

bazza thanks very much, sorry to be a pain but shall i just take out the limitation act 1980 from the letter and replace it with the limitation (northern ireland) order 1989 and do not quote any sections ?. im a bit lost when it comes to stuff like this so any help would br grateful. if it helps they say the debt is from choice catalouge. again thanks very much for your help so far.

 

Shaz

[dippychick]

Hi there

 

i am new to this forum but have found both this thread and the others I have viewed to be very informative.

 

I need some advice relating to how to handle a situation with Westcot. It's not for my benefit but for my husband who has just received a letter from them.

 

It was addressed to him at an address he has not lived at for more than 7 years. The only reason he actually got the letter was that the person now living at that address posted it through our letter box 3 days ago (20th March). This would suggest that there have been no previous letters or I would assume those would also have been posted through our door. The letter was dated 14th March and gave my husband until 28th March to respond threatening court action if he did not do so.

 

In the letter Westcot state they are acting on behalf of another debt collection agency called Phoenix Recoveries UK LTD. My husband has never heard of them and has certainly never had any form of communication with them.

 

Having received the letter, he contacted them and was immediately asked to pay the total amount owed (Some £400). When pressed the lady on the phone stated the debt was in relation to an unpaid catalogue debt with Littlewoods. My husband stated that he was not aware that he owed any money on a catalogue from Littlewoods and had certainly not received any communication to that effect since moving from his original address.

 

He told the operator that he could not pay £400 as he is unable to work. She then told him he had to pay £100 a month which again he is unable to do. She then told him he would have to fill in an income/expenditure form and had the cheek to tell him that he must include my details too.

 

I did not even know my husband when he lived at his original address and my husband told them he was no way going to do this as legally I cannot be held in anyway responsible for debt that they claim he incurred before I even knew him. She did not like being told this and said ok fine then if that's hat you are doing you can only claim your portion of the bills when you work out income/expenditure.

 

I was not present when my husband spoke to them and don't know for sure but he says he did not agree to pay them anything on the phone and did say he was not aware of owing anything to Littlewoods. He tells me he did have an account with them but always paid it and when he said this to the lady on the phone she did say that the account stopped being paid when he moved, making this at least 7 years ago. During this time he has received no communication on this matter till the other day.

 

My question is, is this debt statue barred as it is definately more than 6 years since he heard anything from anyone relating to this so called debt?

 

What do you very knowledgeable people think he should do?

 

 

[sillygirl1]

Yes, it's statute barred, there are a lot of desperate DCAs around at the moment, ANY letter you get from them threatening action MUST be taken to your local Citizens Advice Bureau and Trading Standards (copying in THEIR Trading Standards).