Hi everyone.

Need some a little bit of help.

Got a letter from westcot, saying my account with them had been fully paid, and was now closed. And to stop making more payments to them. Also it said the balance was: minus £303.

Phoned them up as I thought there was more to pay on this, and the lovely lady, after putting me on hold for a while, explained that the originator of the debt had informed them it had been paid, then retract that message later. She would contact them, to get an explanation. But there was still £1400 owing.

Where does this leave me? I have a letter saying the debt is cleared. Can they comeback and say "oops, mistake, keep paying" or is the letter legally enforceable? In the eyes of the law, is the debt now clear?

Thanks

doomsponge

If they say the debt is cleared in writing, you are entitled to believe that the debt is cleared and if there is record of it on your credit record, to ask the credit reference agencies to correct your record to show it as paid in full

Of course the debt owner can come back later to rectify a mistake and if they prove the debt, they have right to enforce it, subject to limitations act and going through the correct process.

What is the history of this debt ?

Thanks for replying

Its an old lloyds credit card. Defaulted just under 6 years ago. Paying thro stepchnage.

they will be estopped from claiming more in the future. You queried it and received the same response ans in the letter. It is over so you stop paying and you owe nothing, even if they change their minds later.

really? The girl on the phone did say that the letter was a mistake and there was still money owed. Does this letter trump all others?

what are you doing blindly paying DCA's and for god sake ringing then up

they are not bailiffs and have zero legal power to demand anything...

have you check all the other debts you are blindly paying off via step change are even enforceable??

Fair point.

I suspect you may already know the answer to your question.

Where do I start?

From looking at my credit report, some things have dropped off that im paying for.

CCA to the owners of the debts, then post up the results?

yep

you didnt say that, you said you got a letter and the girl on the phone had been informed the debt had been paid and unless she wasnt talking to you that seems like a confirmation of the letter.

I read it as you thought there was £1400 still due.

If you care to rewrite your first post in a suitably worded and chronological manner so it is absolutely clear who said what and when then advice will be given that fits exactly to the question.

Now you have me thinking I have given you poor advice because I read your post as having received a letter, queried it and then got verbal confirmation.

really? The girl on the phone did say that the letter was a mistake and there was still money owed. Does this letter trump all others?

you didnt say that, you said you got a letter and the girl on the phone had been informed the debt had been paid and unless she wasnt talking to you that seems like a confirmation of the letter.

 

I read it as you thought there was £1400 still due.

 

If you care to rewrite your first post in a suitably worded and chronological manner so it is absolutely clear who said what and when then advice will be given that fits exactly to the question.

 

Now you have me thinking I have given you poor advice because I read your post as having received a letter, queried it and then got verbal confirmation.

Sorry for any confusion. Here is an edited version, making what the girl said more explicitly clear:

Hi everyone.

Need some a little bit of help.

Got a letter from westcot, saying my account with them had been fully paid, and was now closed. And to stop making more payments to them. Also it said the balance was: minus £303.

Phoned them up as I thought there was more to pay on this, and the lovely lady, after putting me on hold for a while, explained: "The originator of the debt had informed them, the debt had been paid, but then retracted that message 3 days later. She would contact the debt originator, to get an explanation. But there was still £1400 owing"

Where does this leave me? I have a letter saying the debt is cleared. Can they comeback and say "oops, mistake, keep paying" or is the letter legally enforceable? In the eyes of the law, is the debt now clear?

Thanks

doomsponge

forget what was said on the phone

its inadmissible anyway!

Ah good old Estoppel - I once went to Court against a Solicitor who paid me a sum of money when they dealt with a will.

After they issued a final account and the service was completed they discovered they had overpaid me and sent a begging letter about 2 months later asking for the over payment back

I wrote to them and said the principle of estoppel applies and they refused, insisting I pay the money back.

I wrote to them several times asking them why they believed the principle of estoppel didn't apply and they refused to answer and took me to Court.

In court I showed my letters to the Judge who agreed with me in principle and then explained why estoppel didn't apply in this case, I thanked him for the explanation and offered to refund the money immediately saying that I only ever wanted an explanation.

So no win you might think but the cheeky Solicitor piped up about the matter of their costs at which point the Judge virtually bellowed at them that they should be paying my costs as they had ample opportunity to answer my simple question regarding estoppel.

That made me smile all the way home, plus I'd earned a bit of interest on the money while I had it and stuck it to an incompetent solicitor who had been useless throughout their service, but whom I was stuck with because of the deceased's arrangements..

Estoppel is basically the principle that mistakes cannot be rectified once the account is declared closed, the same reason that shops have notices that say mistakes in change given cannot be rectified once you leave the shop.