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    • No change in advice. Get the purchaser to take lots of photographs and if possible send you back the empty box – you will have to pay for that I suppose but you will get it back from EVRi. You may want to send a slight amendment to your letter of claim – but the date stays the same. Get a move on so you can get the claim filed well in advance of the compulsory mediation date which quite frankly will only get in your way especially as it is new and nobody really understands the rules yet
    • Good evening guys many thanks for your posts and advice. Im sorry for the late reply but i fell asleep on the sofa when i got home.  The good and bad news is that the case has been discontinued, the bad news is the claimant did not inform me of this. I wasted fuel and paid for 2 hrs of parking to find this out.  Not that it matters now but the lady in reception told me that the county court was in Gloucester today and not Cheltenham however my letter clearly says Cheltenham. So i'm assuming the county court moves between the 2 courts. I was actually looking forward to getting a judgement in my favour but it was not to be. The woman told me that the claimant should have informed me.  Anyway guys i thank you all times a million for your professional assistance with this one. It looks like they new they would lose and gave up, its appalling that they allowed to waste the court's time as well as mine.  
    • An interesting moderation debate chaps! But something very strange has happened with my claim today. Shortly after I posted the Letter of Claim to P2G I received a text message from them - "Your parcel (P2G-123005161) was delivered at 12.55 to CF5 *** (original buyer's post code) with Evri Drop-off"  I messaged the buyer (who I refunded in full (£265) for the original non-delivery on 27 March) and asked if it had indeed turned up. He confirmed it had been delivered and taken in by his wife, with a photo taken to confirm delivery. But the box I'd so carefully packed the clubs in was, of course, empty, except for the original packing material I'd used, and the buyer's details which I'd also included in the box. I'd used getting on for half a roll of heavy duty black ducktape to seal the box, especially at both ends, and the buyer advised one end had been cut/torn open (likely when the 8 golf clubs were extracted) and then loosely resealed.  Needless to say, no explanation for the 1 month delay in delivery, and Parcel2Go have emailed me this evening to advise they've decided not to approve my claim as 'The parcel started to track'. Grateful for your thoughts on this significant new development. I presume the onus is now upon me to prove the parcel was empty upon delivery - how would you suggest I tackle that? And should I draft and submit a new Letter of Claim to P2G, resetting the 14 day clock?    Many thanks G59 
    • I feeling very humbled by EVERYONE taking time to respond to me, thank you. On balance it seems the best bet is to wait it out. Cheers. 
    • Thank-you gor bring so gracious with your help, if you had explained the logic behind your argument in the first instance we would have got their quicker. Your reason is not the one that they used but hey.
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Wescott Advice


BOS67
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Hi All,

 

I have been struggling with Wescott for some time now, and have been given a final chance to make my payment on time. I just can't do it, and these guys seem particularly nasty about it with dishing out threats of court action etc.... Anyone got any advice - should I go for a Debt Management option as I have a couple of other debts paying to others in a similar way?

 

 

BOS67

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Can i ask what are the debts which Wescott are chasing you for IE loan, credit card etc

 

have you established that wescott are legally entitled to chase you for the debt and is it established that the debt is itself enforcable?

 

regards

paul

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You need to send a CCA request to Wescot to see if they have the legal right to collect this alleged debt in the first place!

 

You'll find the template you want here, letter N: Creditors and DCAs - Letter Templates & Budget Planner

 

Edit as appropriate, but make sure you have across the top;

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

Send a £1 postal order (cheques best avoided - some debt collectors have been known to do strange things with signatures and photoshop.... for the same reason do not use your normal signature on your letter.)

 

If they cannot supply you a 'true copy of the executed credit agreement' within 12+2 days of receipt of your letter, then they cannot enforce the agreement. If they fail to supply said copy for a further calendar month, then they commit a summary criminal offence.

 

Also, if your account is in dispute (CCA request fulfils this) then any further action they take would be in breach of OFT guidelines.

 

Send all post by recorded or special delivery so you get proof they received it.

 

And NEVER,NEVER speak to them on the phone. From now on you need written evidence of every communication you have with them.

 

Dead easy!

 

;)

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Ok, firstly then you need to send Wescott a CCA request under the Consumer Credit Act 1974

 

send htem the template letter found here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

you need to use letter N

 

oh also you will need to include a 1.00 postal order as well and send it recorded delivery. if you can afford it i would suggest that you send it Special Delivery but that does cost around 4.00

 

dont what ever you do sign the letter that you send them, instead Print your name in block capitals or use a digital signature such as here http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

make sure you write I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY on the top of the letter, this places the account clearly into dispute and they should cease all collection activity until the dispute is resolved

 

they have 12 working days to comply with this request from the point which they recieve your request. if they fail then the account enters a default situation where under the Consumer Credit Act they are not allowed while the default continues to enforce the debt. if a further 30 calender days pass and they have not supplied you the credit agreement they are committing a criminal offence which you can report them to trading standards

 

also if they do send you a copy of the credit agreement let us know and we can advise if whatthey have sent complies with the law, you will be surprised how many dont and as a result they cannot be enforced in court

 

the first thing to do as a matter of urgency is to get that letter sent off to wescrap

 

regards

paul

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Thanks guys,

 

But excuse my ignorance, was is a CCA, and doesn't the fact that I have been paying up to now indicate some recognition on my part that I owe something? Also I am in employment where if it was to become public knowledge that I was in this situation I could potentially lose it.

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You cannot be sacked for beng in debt.

 

A cca is a consumer credit agreement, Ty PT for teaching me that, what that is a copy of the credit agreement that you would /should have signed before you accepted a credit card, catalogue or other goods like that.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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replyed at the same time paul. :)

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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if they cannot supply you with a compliant copy of your credit agreeement by that i mean one which complies wit hthe consumer credit act then if they do take you to court, they would lose as section 127 prevents a court from enforcing a debt where the agreement is non compliant with the law

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It's your legal right under the Consumer Credit Act!

All you're asking them to do is to prove that they are permitted to collect. If I said to you 'YOU owe me money, pay NOW!', would you? Of course not. You'd want some evidence. That's all you're asking for in this case.

 

Also, this information will not become public knowledge. You've heard of the Data Protection Act, right?

 

:D

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Thanks All,

 

The nature of my emplyment contract means that I can be scaked for being in debt! So you understand my reservations in respect of this. Also as I mentioned I have a few others similar debts - should I be applying the same rational to them all?

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the way to look at it is you are in debt now anyway. you really have 2 options

 

 

1. do nothing and let them take you to court and obtain a CCJ

 

or

 

2 send them a CCA request and put up a fight

 

i know which one i would choose. they may send a complaint copy and you will need to negotiate with them however there is a possibility that what they will send will be non complaint with the law.if this is hte case you win as they cant enforce the debt

 

the rule is NO CCA=NO PAY

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We are all in debt to some degree or other, but I would imagine that your job would only be at risk if a CCJ or similar were to be awarded against you. If you want to avoid this, then you have to do everything you can to ensure that Wescot or whoever do not take advantage of you!

 

If they cannot produce a valid CCA agreement, then they will NOT get a CCJ! End of! They have to prove to the court that the debt exists, and is enforceable. If the CCA is not provided, you have a full defence against any action they may foolishly decide to bring.

 

What are you waiting for?

 

:D

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I did not think they could put in your contract that you would be sacked if you go in to debt.

 

I assumed sum debts like oweing a mortage were accpetable debts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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it does sound rather strange to me that this is in a work contract. I personally would be going to seek legal advice about this contract.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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