2 DCA's 1 debt

[redbryn1]

hi all i've manged to negotiate (after 6 weeks) payment of a £225 debt with wescot and on moday they sent me paying in slips. trouble is on tuesday i get a letter from credit services ltd demanding full payment of the same debt within seven days or a ccj and/or home visit to collect goods to the value. i emailed wescot immeadiatley asking them who owned the debt and got a reply from sue martin saying pay wescot not credit services and then asked me were my payment was as it was due 3 days before i received the paying in slips!! so as i'm now in default on my arrangment with wescot already and i have 2 DCA's wanting payment for the same debt does anyone have any suggestions?

[sillygirl1]

Have you CCA'd them to find out who actually does own the debt and the right to collect it. I'd CCA both and when they don't comply report them to Trading Standards.

 

Write a letter to Westcot stating you are now confused as both companies are claiming you need to pay them twice and therefore the alleged debt is now disputed.

[redbryn1]

it's for a mobile phone bill so i take it i can't CCA it?

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[Curlyben]

Sorry about that we both posted at the same time.

In that case throw this at them BOTH.

 

Dear Sir/Madam

 

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.

 

I/we look forward to your reply.

 

Yours faithfully