Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all
Had a strange letter from Wescot this morning, collecting a debt, in my maiden name, for 'Hutchinson 3G Telecom', which I have been digging around and have found out this is a trading name of the mobile network '3'.
Slightly suprised as have always been with orange and no knowledge of 3, so a CCA request has now been sent.
Slightly concerned though as the spelling of my name and maiden surname are worng but identical to a letter I had from 'Graham White' DCA regarding a Next account card, again which I had never had, obviously my main concern is id theft, mind you, my Credit rating is fairly poor so I don't think they be able to get credit in my name but obvious always a worry.
Is is a case DCA's share info, just find it a bit weird that this spelling error has occurred twice on 2 seperate correspondances.
So....lets just wait and see, although any advice is appreciated as usual.
Not relating to Wescot, but I found 2 accounts on my credit files for "Three". I asked the CRA to investigate and they replied after a few weeks saying this is correct.
I too have always been an orange customer (and O2 for short period) and never with "Three" let alone twice.
As I understand phone contracts are not covered by the consumer credit act and therefore you can not CCA them, so I SAR'd "Three" instead.
That was on the 11th I'll report back what happens.
Mmmm, I thought they were? Can't hurt anyway, as I am 200% sure this isn't mine, I've only ever had orange and that has only been for the last 3 years, before that I was pay as you go with Orange. I will try to find an address for 3.
Is it still that the onus is on Wescot to prove this is my debt even with no CCA, I wonder what I would have to do to prove this IS NOT my debt?
The onus is on Wescot to prove you owe the debt therefore rather than waste £10 on a S.A.R - (Subject access request) you may wish to send them this letter:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
Tooth Fairy Vs Wescot
and no knowledge of 3, so a CCA request has now been sent.
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