Westcot/EquiDebt

[mam62]

Hi all.

I hope I am in the right place as I need advice mainly about DCA's.

(My first post was on the Bankruptcy forum).

 

I received a letter from Westcot in March regarding my large debt to Liverpool Victoria, which, to cut a long story short, said 'your monthly repayments of £20 per month will begin on the 15th March'. I sent them a reply by recorded delivery on the 11th stating that I had made no agreement with them to pay £20, the offer was actually £5 due to my financial situation - I am a single parent of a school age child, so am on income support.

 

This week I received a letter from EquiDebt re my Liverpool Victoria debt which said 'We are disappointed to see that you have failed to respond to our previous communication. We now require payment in full to clear the account no later than 08 April 2009. If this causes you concern please contact us direct. We may be able to offer you a discount. Payment in full for this debt will result in your credit file being marked as "satisfied".

 

Every time I think I am getting somewhere with one DCA, I then have to start all over again with another. I am at my wits end not knowing what is coming next. Bancruptcy thoughts popping up again...

 

Any advice would be truly and greatfully appreciated, thank you.

 

mam62.

[mr.ton]

This is what the DCA industry is like unfortunately.

Once one DCA is onto you...it automatically sets off sirens in the other DCA offices & they will send you a threatogram as well.

Its not in any DCA's best interests to make you bankrupt as it will cost them money to do so & they'd get very little back in return (£1 per month etc..)

The good news is..these threats you've had are just that, threats - they have no legal powers over you whatsoever & can simply be told to get lost.

[mam62]

Good morning Mr. Ton,

 

Thank you for the quick response to my dilemma. It is good to know that from a legal standpoint they do not have any power as I just always assumed they could force my hand if they so wished.

 

So I guess my next question is, as their deadline approaches, should I send yet another letter informing them that there is no way I can pay the debt off in full? I know you say I can tell them to get lost but I guess you didn't mean that literally - did you??

 

I have acknowledged all of my debts (all of which are three or four times more than they were) so know I will have to pay them off somehow. Can you advice what my next step should be?

 

Many thanks again,

 

mam62.

[tigga_1961]

hi as this has been sent down the line to another dca personally would be tempted to send a cca request for original agreement, is this an old debt pre apr2007, also if you can list what other debts you have nothing personal just general details then someone will be able to offer more advice,

[sploits]

If the amounts are more 3 or 4 times more then I would look at claiming back all the unfair charges. This could in theory cancel out the debt plus you can add an interest rate on top as well. I done it with a DCA and it worked out that they owed me twenty quid. Got a letter back saying they take note of what I have sent them and they wont be back in touch. Never heard from them again

 

Sploits

[mam62]

Hi Tigga 1961 and Sploits,

 

Thank you both for your replies.

 

Tigga 1961, I was stupid enough to take out three loans in my name, in 2006 for a now invisible ex partner. This Includes my own student loans (4); credit cards (2); AA Finance, Northern Rock and Lombard Direct. The loans were all under £15,000 each initially and were taken out in January/February 2006. Student loans apprx. £24,000, from October 2005, credit cards apprx. £6,500 owed. I have acknowledged the loan debts in writing to both Cabot and Westcot as I felt that since I was stupid enough to take out the loans, it was down to me to pay them off somehow. Would a CCA request still be a good idea or is it too late for that looking at my history?

Sploits, how would I go about claiming back or getting unfair charges taken off? The total of my debts are extremely high, so doubt in my case they will leave me alone.

[sploits]

You should send them a letter asking for statement of account, or SAR them that way you will have everything for the alleged debt/s. Then you just need to sit down with a highlighter and mark through all the late fee charges, admin charges etc. pop them on a spreadsheet (which im sure is on this forum somewhere and it will add everything up for you and add a interest rate on for you. do a search for my name (sploits) and have a look at the TBI financial thread. A few caggers have explained wonderfully how you should go about it and has links for you to look at.

 

Sploits

[sploits]

I would also get CCA requests into them ASAP.

[tigga_1961]

I would also get CCA requests into them ASAP.

I would request cca and give them the 12+2 days to come up with them if they dont you can put the account in dispute and not pay anything and they cant add interest or do anything till they have sent them, do everything in writing and dont sign anything, if the debtors can come up with original copies of cca post them on here as they are pre 2007 they are worth looking at to see if they are enforcable, (thers is lots of threads on this)well worth reading, will post the letter template when i find it, or if you search for just amend it to suit

[mam62]

Again, Sploits and Tigga 1961, thank you both so much for your advice.

It really has taken a weight of my shoulders for the time being.

 

I will read up on the other threads regarding pre 2007 loans and also the suggested TBI financial thread. I will then get the request letters done and post them by recorded delivery this week. I will have a search through the forums and see if I can find the letter template. If I get the original copies of CCA back from the debtors, I will post them.

 

Thanks again,

mam62.

[sploits]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[mam62]

Thank you Sploits.

[deathbycrayons]

It might also be worth sending harrassment warnings to them aswell, as as soon as you stop paying, the calls will start coming. You can also find this in the templates library. Send them recorded.

[mam62]

Thanks for the advice deathbycrayons.

 

Luckily I changed my number a while back so have had no phone contact with any of the DCA's. However, if you think it still worth sending them the warning, I will (just in case they find my number somehow)!

[mam62]

Good evening all.

 

I just wanted to update you on where I'm at with the DCA's.

I did as suggested (thank you) and sent off requests for CCA's from all three. I enclosed the £1 postal orders (P/O) and posted them recorded delivery on April 8th.

 

Cabot replied stating they acknowledge receipt of my request and although they are not 'obliged' to provide the information, they are pleased to help and have requested the documentation from the original lender. They say they will try to do this within 12 days but if not, will write to me again. They returned the P/O saying "Cabot Financial does not accept the statutory fee required under section 77 and/or 78 of the CCA 1974."

 

Equidebt say they have placed a request with their vendor for a copy of my CCA.

 

Westcot say my request has been noted and they will be in touch in due course but on the 21st April, I received a letter from the original lender who say they were approached by Westcot for my personal details. They said that from the information available, 'Westcot' do not appear to be registered with one or both of the following agencies; the Department of Constitutional Affairs and/or the Information Commissioners Office, so will not correspond with them or their requests directly. They will log and process the request but will communicate with me directly until Westcot can provide them with an authorisation number or a reason why they believe themselves to be exempt.

 

All but Cabot have said they will put my account on hold (they are the only ones I am actually paying anything to). Should I stop my payments to them until they send the CCA?

 

What would you advise I do next? Do I just need to sit it out until all the CCA's arrive?

 

Many thanks again,

 

mam62.

[alfwithhair]

if after 12+2 working days they have not furnished you with the requested documents, send them the 'account in dispute letter' and cease making payments.

The accounts remain disputed until such time as they comply with the request

[Pinky69]

Interesting about Wescot - that means they shouldn't be processing amyone's data. Could you make a separate post of the reply you received about Wescot so people cam read it? - that would be great.

[alfwithhair]

Interesting about Wescot - that means they shouldn't be processing amyone's data. Could you make a separate post of the reply you received about Wescot so people cam read it? - that would be great.

 

 

Great minds think a like

I'm already on it

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196010-original-creditor-refuses-correspond.html

[mam62]

Good evening and thank you for your quick responses.

 

Alfwithhair, it will be 12+2 working days on the 28th, so if the documents do not arrive by then, I will get the 'account in dispute' letters sent off by recorded delivery.

 

I will post again when I have any further news.

 

Ps. Alfwithhair, thank you for doing the post requested by Pinky69 re Westcot, much appreciated.

[maroondevo52]

Hi, mam62.

 

I've merged both your threads on this subject, makes it easier for people to keep up with you

 

Regards.

 

Scott.

[mam62]

Thank you for doing that for me maroondevo52.

 

Still trying to find my way around and if I'm honest, still don't really have a clue but will endeavour. Hope I didn't cause too much of an inconvenience.

[sploits]

Hi mam62. Make sure you post up the CCA's IF you ever receive them. Also as others have said once the 12+2 days has past stop payments.

Also if you receive the Statement Of Account then pop them up as there will be a god chance you can claim back your unlawful charges

 

Makes interesting reading about Westcot.................

 

Sploits

[mam62]

Good morning Sploits.

 

When/if I receive the CCA's or Statement of Account, I will post them.

In the meantime, I will not send Cabot any further payments.

 

To think that last year I allowed a Westcot 'debt collection agent' to intimidate me on my own doorstep, after 8pm - twice! If only I had known what I know now...

[tigga_1961]

hi mam62, fingers crossed the cca's dont turn up, looking good so far the folk on this site are the best, i was like you intimidated by dca's till i read on here they have no legal powers , its great when the boot is on the other foot, will keep an eye on this post as ive been there and got the t-shirt good luck

[mam62]

Hi Tigga 1961,

 

Good to hear from you again.

 

You are right, I think if it wasn't for this site with its experienced, been in my shoes, welcoming and non-judgemental individuals, I would still have my head buried in the sand, sure that my nightmare was never going to end.

 

Thanks to you and everyone else for giving me hope.