Westcott v Wally

[Wally]

Hi

I had a debt originally with Moorcroft and paid an agreed £5 a month. I CCA'd them and they wrote back saying they couldnt provide me with the information and therefore closed the account.

 

I then received a demand from Westcott so I CCA'd them. I received a letter with a copy of the original agreement from Tesco saying they hadnt sold the debt and could I make arrangements with Westcott to repay.

 

Fine - wrote a letter to Westcott requesting a Standing order form so I could re start the £5 a month as previously agreed with Moorcroft.

 

They sent a form requesting my monthly incomings and outgoings which I received on tuesday 8th April and then yesterday (weds 9th April) I got a final notice from them threatening court action on to which they have added a further £200 in legal fees!! How am I supposed to reply to the first letter before they sent the second ??

 

I really want to tell them what I think of them as I have already been in correspondence with them which clearly they dont seem to take any notice of:confused: - got any idea how I should reply - any help gratefully received.

 

Wally:-)

[spamheed]

You need to enter into this process with the following in mind.

 

They will not acknowledge anything you write, unless they have to

they will not accept any payment offer you make, unless it is enforced by the courts

they will not honour any agreement they enter into.

 

they will lie and attempt to make you pay more than you can reasonably afford.

 

 

Ignore the DCA and deal directly with TESCO, it will pee off the DCA no end and allow you to vent your spleen regarding the activities of the DCA

 

You need to complete an Income and Expenditure form, (not theirs - you can find one with a simple google search)

when you send the form back to TESCO, it should show that the amount of disposable cash is pretty much the same as your offer.

 

include with the form a covering letter, stating your circumstances and requesting a confirmation of the outstanding balance because the amount outstanding has changed since the DCA has become involved and you seek tio clarify what if any charges the DCA have applied to the account. (they are not allowed to do this.) complain about the behaviour of their representatives (the DCA)

include a chq or postal order for this amount along with the letter

when they cash the cheque, it will show that you are making efforts to resolve the debt and will look good in court.

 

send everything recorded (registered is better)

 

hope this helps

[boyboynova]

Would the account not be in dispute as Moorcr@p didnt provide CCA.

Dont OFT say account shouldnt be passed to another DCA whilst in dispute

[spamheed]

It is only in dispute until they provide the CCA, since they have done so, even though late, any further action on that subject would be pretty academic.

 

since the CCA is present, the only option open is to try to arrange a reasonable repayment schedule with the original creditor and attempt to freeze out the Debt Collection Agency.

 

The fact that they instantly increased the anmount outstanding should be a fair indicator of the way they do business

[boyboynova]

Seems odd that Moorcr@p couldnt come up with CCA,but Wescott have.

[spamheed]

I agree, a little strange, but not entirely unheard of.

 

Point of interest Wally, has the CCA been examined by anyone to see if it is legit and properly executed?

 

if not, it may be worth scanning it and posting it on here for opinions

[Wally]

Hi Spamhead

Yes the CCA is deffinately the real thing.

I like you idea of writing to Tesco direct as they sent a very nice letter to me.

When Westcott originally contacted me after Moorcroft they must have contacted Tesco who then contacted me.

I will send the letter tonight.

Many thanks

Wally

[spamheed]

it may also be an idea if you imply to TESCO that the actions of the Debt collector carries a reflection on their own trading practices and as such their underhand practices may bring TESCO's normally good name into disrepute

[Wally]

Hi there

Thought I would give you an update

I have had a real fight with Westcot.

After the last post I sent them a strong letter and told them that unless they got their act together I was going seek leagl advice they did back down a little and said that they would accept the £200 per month I had offered:confused: NO I DIDNT!!

Anyway I have now written back and told them to stop making up stories and statements that where untrue and sent a cheque with the letter for £5 which is what I had originally offered.

Told them I have copies and receipts of all letters I had sent them just incase they felt like arguing over the £200 offer.

As yet I havent had a reply but will let you know when I do.

I am really fed up with them.

Wally:)