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Received Legal Action letter from Wescott (HELP!!!)


gunner_ben
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Hi guys,

 

This morning I received a letter from a Nelson Guest & Partners solicitors in regards to an outstanding debt I've had with the Royal Bank of Scotland which was past to Wescott.

 

The debt relates to a current account I had a couple of years ago which went overdrawn and kept incurring interests. Unfortunately, I attempted quite early to claim my bank charges back and accepted a smaller amount than the one I requested in an effort to make some sort of dent in the debt, but it wasn't enough to clear it.

 

I owe about £460 on this account and have been barraged with letters from Wescott. I originally offered a payment of £10 a month but they said it wasn't enough given my what they considered I had free after paying my bills. I sent them a letter of complaint over a month ago asking for a breakdown of how the debt had been calculated, which they advised me to send to RBS.

 

Today I received a letter from the aforementioned solicitor stating that unless I make a payment in the next 7 days a claim form will be issued to Hull court.

 

I'm tearing my hair out over this now. Does anyone know any steps I can take to possibly avoid a trip to court?

 

Thanks for your help

 

Ben

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Westcott are all huff and puff, I suppose the letter is full of if's and may's.

 

With all due respect it's really your own fault for accepting a lesser figure. You should always follow through to the end what you started.

 

I would be inclined to pay these chances nothing until the Court case involving bank charges is fully settled.

 

Should you receive Court papers your defence will be that the balance is made up of unfair charges.

 

Jogs

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Thanks for the reply, and I agree that you're right that I shouldn't have accepted a lesser amount. However, I wouldn't have the first clue about what to do in court and really don't want the CCJ against my name.

 

Are there any other options?

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Can you scan the letter in so we can take a look? Remove all personal info and any barcodes of course.

 

Many Wescott letters look far more threatening than they actually are.

 

Have you incurred any more charges since you accepted their reduced offer? Did you accept the reduced offer in writing?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Can you scan the letter in so we can take a look? Remove all personal info and any barcodes of course.

 

Many Wescott letters look far more threatening than they actually are.

 

Have you incurred any more charges since you accepted their reduced offer? Did you accept the reduced offer in writing?

 

Accepted it over the phone I believe. Went in-branch and they called someone for me, I then told them I would accept it.

 

I'll work on scanning the letter in soon.

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around a grand of alleged debt

 

note the use of the words like "may" scattered around these letters ;)

 

So you received the same letter? That's a bit of the weight off my mind. However I still don't really want to go the court route.

 

Anyone else got any suggestions?

 

Should I send a letter advising how much I'm willing to pay and give them a breakdown of my earnings? By law do they have to accept any amount?

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If this were me, and it is only an opinion, you need to put your alleged debt into dispute to buy yourself more time. I am not too sure if a SAR request is the correct course to take, this basically requests that any paperwork they hold on you must be sent to you in 40 days. I believe that whilst that is happening no further action can be taken against you.

 

The idea behind this would be that you could show that they possibly owe you more than you owe them!!

 

I know when I claimed and settled for my charges there was something to sign that this was in full and final settlement. However, if these new charges have been added since the date of your settlement, that me be a different case?

 

I believe there is a way to go before they start issueing Court Papers, and even then they can get set aside before it ever reaches Court.

 

Hope someone will be along soon to give more solid advice.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks for your help guys, I think maybe I might try the Subject Access Request, but do I need to do this to the Debt Collection Company or the bank?

 

I have CCA'd RBS but they just sent me a generic letter which I'm pretty sure wasn't the CCA. But as it's an overdraft on a current account I was under the impression this wouldn't be any help anyway, as it doesn't apply.

 

Again, really appreciate all the help I'm getting here guys.

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I think it is these charges which are going to be important on this.

 

Have anymore charges been added since your agreement to their offer?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I think it is these charges which are going to be important on this.

 

Have anymore charges been added since your agreement to their offer?

 

I'm not sure, I requested statements the first time round and tallied up the charges. Do you think I should do this again?

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Do you think there is a chance they have added more- do you have access to internet banking or the normal statements sent out? It should show any charges.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Do you think there is a chance they have added more- do you have access to internet banking or the normal statements sent out? It should show any charges.

 

The account was closed along time ago to be honest, I stopped receiving statements as this relates to an account in '05/06. No online banking either I'm afraid.

 

My impression of what happened is that the refund did not cover enough of the debt to clear the balance. From what I gather charges and interest were still being added on after this point which accumulated to £460 before RBS closed the account due to non-payment.

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In that case SAR them again and reclaim the new charges and interest incurred.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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