70% discount offer by Wescot!! What do i do??

[gished100]

Wescot contacted me recently regarding a 13000 debt from 2004.

 

I wrote back with a CCA request.

 

They came back to me twice asking me to confirm my last 3 addresses for 'data protection', which I just ignored.

 

Now they've written to me offering to basically wipe out 70% of the balance if I pay them £3500 by next month.

 

I could probably get the money if I really, really tried.

 

Do you think I should pay them? (it's my debt but cannot really afford it and it's their problem if they're stupid and greedy enough to go around buying bad debts).

 

Do you think this means that they have no chance of producing the CCA?

 

What is this all about? They said they'll mark my credit file as settled if I do it!

 

I need some advice please??

[PGH7447]

have you had the agreement back yet? if not then they havent got one and the debt is unenforceable, this is why they are offering a huge discount, pay if you want of file under ignore

 

if you do pay state that you want it registered as in full and final with the CRA's so that they cant then sell the rest on to another pondlife DCA

[hawk1979]

No you shouldnt pay them, Send them a SAR ( Subject Access Request) Make sure you include your £10 postal order fee. Do not sign the letter as this can be used and copied to a agreement. What you need to write is

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

[ScarletPimpernel]

Wescot contacted me recently regarding a 13000 debt from 2004.

 

I wrote back with a CCA request.

 

They came back to me twice asking me to confirm my last 3 addresses for 'data protection', which I just ignored.

 

Now they've written to me offering to basically wipe out 70% of the balance if I pay them £3500 by next month.

 

I could probably get the money if I really, really tried.

 

Do you think I should pay them? No.

Do you think this means that they have no chance of producing the CCA? Yes.

 

What is this all about? It's about Westcot trying to mislead you.

 

Ignore it, and write a short letter:

 

Dear Sirs

 

On (date) I made a formal request to you pursuant to ss.77/78 (1) of the Consumer Credit Act 1974. You have failed to comply within the statutory time limit, and the provisions of s.78 (6) of the Act now apply.

 

If you are unable to comply with my request, I require you to confirm this and to return the fee.

 

Yours etc.

 

You may want to enclose a Data Protection Act s.10 Notice.

[Kenobee]

A pretty poor tactic on their part to get money they have no right to collect. Ignore this, it is usually their last attempt.

[breeze1996]

I agree, send the letter. Don't pay.

 

I would think they have no CCA and are just trying to see if they can get anything from you.

[PGH7447]

Hawk1979 you've got your SAR and Stat barred templates mixed up:), also there is no need to sar this, the OP is waiting for a CCA request to be complied with

[gished100]

I will never be happier than if I manage to get away with this and not pay those **** bags a penny.

 

Thanks all for your help. You confirmed what I was thinking!

[ScarletPimpernel]

My draft is based upon the debt not being statute-barred. If it is, then whilst Hawk's letter is fine, I am finding that brevity is more attractive when dealing with a DCA's goldfish-level attention span - and they can look up the law if they don't know it. Hit them with a double-whammy:

 

Dear Sirs

 

On (date) I made a formal request to you pursuant to ss.77/78 (1) of the Consumer Credit Act 1974. You have failed to comply within the statutory time limit, and the provisions of s.78 (6) of the Act now apply.

 

In any case, the alleged debt is also statute-barred under s.5 of the Limitation Act 1980.

 

For the avoidance of any doubt, take notice that no payment will be forthcoming, and you are reminded of your obligations in these circumstances under both the Consumer Protection from Unfair Trading Regulations 2008, and the Office of Fair Trading debt Collection Guidance.

 

I now consider this matter ended, and do not expect to hear from you again other than to return the £1.00 fee sent in ralation to the request you failed to comply with.

 

If you do not understand this letter, you should seek professional advice.

 

Yours etc.

[hawk1979]

Appolgies PHG7447 and thankyou for pointing that out and for correcting my error

[PGH7447]

No worries Mate:)

[gished100]

If you don't understand this letter please seek professional advice ha ha ha brilliant. I'll have to put that in!!