Red Debt/Wescot/Lowell Unsecured Debt and Threatening Letters

[Jimmy77]

I’m hoping someone can give me some advice.

I owe money to Capital One and Goldfish Card, the debt has been outstanding for a fair few years now, I’m not sure but I think the last time I made a payment to them was in summer 2003.

Since then they have passed the debts over to Lowell finance and Westcot, I have moved several times since the original debts were run up and have informed them of my new address each time.

Westcot haven’t been in touch with me since December 2006 but today I have received a letter from Red Debt Collection Services, apparently a subsidiary of Lowell stating they will commence bankruptcy proceedings against me within seven days if I do not pay the amount in full.

I’m not in a position to pay them anything at all; can anyone give me any advice as to what to do?

[42man]

Firstly welcome to the CAG forums Jimmy....if it was me in your shoes I would send a request to Red for a copy of your Consumer Credit Agreement, basically there is a government statute that says if they can't provide this in 12+2 working days then the debt is not leaglly enforceable....you can find this here, use Letter 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this by recorded delivery, do not hand sign it and put a £1 postal order to cover the request (£1 is the maximum they can charge for your request)....If they don't provide a copy of your agreement within 12+2 working days then they are in default of your request....and means that the debt is unenforceable.... - put on top of the letter - I DO NOT ACKNOELDEGE ANY DEBT TO YOUR COMPANY NOR ANY YOU MAY REPRESENT ....

 

This is the Consumer Credit Act which applies to your request...

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

And keep us posted as/when/if you hear back

[Jimmy77]

Thanks for your help I will do that straight away, I have in the past acknowledged it with Lowel and Westcot. Will that make a difference to this?

[42man]

You can dispute a debt at any stage (especially now you know your rights !!)

[42man]

...

Edited October 22, 2008 by 42man
wrong thread !!