Wescot and MBNA debt - trying it on over Stat Barred

[Huff&Puff]

I had a threatogram from Wescot a couple of weeks ago, claiming to be an MBNA debt. I've never had any dealings with MBNA ever. Thinking that it was either an old CC that morphed into MBNA account, in which case the last payment was around APRIL 2003, or someone else's debt altogether, I sent a combined "prove it" and "stat barred" letter. Today I got this nonsense, completely ignoring the "prove it" bit altogether.

 

 

I know these muppets try it on with everybody, but I've actually found myself livid that they would try and deliberately misstate the Stat Barred position like this, as if the date that it was defaulted had anything to do with it. Clearly, if they don't understand the law relating to their own industry, then they shouldn't hold a credit licence

 

I think a complaint to Trading Standards and the OFT is in order here, but should I respond to the idiots at Wescot or not? Not that there is an address to reply to anyway

[twofoot]

Resend a proove it letter then ignore.

[42man]

Makes no difference when it was defaulted, as some accounts aren't defaulted on for a significant time after the last payment was made....what is important is when you last made a payment !! If it was me I would write back and state that unless they show you a payment made in XXXX (month) 2004, then you will consider the matter closed. And if you have any suspicion that they are trying to commit fraud by stating that the last payment made on the account was that month in 2004 and they do not respond to this particular fact then you will report them to the OFT, FOS and if necessary the police. And you will also take them to court for harrassment under CPUTR2008 in line with the OFT's guidelines on debt collection.

[ODC]

Cabot held this silly belief that the Stat Barred time clock didnt start until the OC Defaulted you. If this were true then they never would default anyoine. They are deliberately trying to deceive you.

 

The Stat barred clock starts as soon as they are able to take action for non payment and this is usually 1 month after the payment becomes due

[sam614]

payment on 23 nov 2003

hours after giving birth,still in the hospital and 23rd was SUNDAY

but they claimed to have the branch paying in slip.

 

no lie is to big or unbelievable for these cretins.

 

SAM:pLOWELL DETESTER

[sam614]

:Dhalf of post missing:confused:

 

this is what they tried on my sister to say it was not statute barred.

 

had put e-mail for cheif exec on above post

 

[email protected]

 

drop him a line and complain

SAM

[ODC]

Lowells are well know for this sort of trickery. Picked a date for me which according to my passport I was THOUSANDS of miles away.

 

A lot of Crditors make a token payment when they sell on a debt just in a futile attempt to extend the shelf life before they sell them on to the Greedy DCAs

[Huff&Puff]

Thanks everyone, I'll think up a suitable missive to send tomorrow. I fear that they will be somewhat disappointed with my "payment proposal" though

[Huff&Puff]

Well, I though I had heard the last of this, but alas, it was not to be I made it very clear in my last letter to them that:

 

a) I don't recognise what the debt is - I have never had an MBNA account

b) I was well aware of the law regarding Stat Barring, and that if they wanted to persue me further, they can take me to court.

 

In reply I have received this today:

 

 

They have now lied about the legal position regarding stat barring in writing. I might also add that the details regarding this so-called debt are clearly garbled, some bits refer to me, and some bits are plain wrong, and presumably have been mixed up with someone else

 

I told them unequivocally that I would report them to Trading Standards and the OFT if they continued to persue it, but they obviously want to play hard ball. So be it, I'm disabled and semi house-bound, so I have plenty of time to make it my life's mission to get their credit licence revoked.

[oneofakind]

Well, the 'information' they hold is as worthless as everything else they've told you.

 

Go for the jugular!!!!!!!!!!!!

[42man]

Dear Sir/Madam

 

Account reference: XXXX

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

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

 

We/I would again 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/I 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 CPUTR2008 and The Protection From Harrassment Act

 

We/I 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/I also insist that you supply a full written copy of your complaints procedure..

 

It should also be noted that we will be contacting Trading Standards and the Office Of Fair Trading concerning this matter.

 

Ignoring this letter and continuing to press for payment will not resolve this matter.

 

We/I will not hesitate to pursue this matter with Trading Standards and the OFT, additionally we/I will seek immediate legal advice should you continue to press for payment, as we feel this may constitute harassment contrary to CPUTR2008, as well as the Protection from Harassment Act 1997.

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully,

[42man]

I'd report them to the OFT as they are attempting to mislead you...

 

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980

[noomill060]

What are they babbling about?

 

The LA doesnt refer to default dates, it says 6 years from the last acknowledgment.

 

Another load of desparate muppets up sh!te creek without a paddle (or even a canoooooo!)

 

The date of a Cause of Action is set by the debtor, not when the creditor chooses to issue a default notice.

[blueotter]

Personally i'd send a nicely worded letter to stephanie chapman and say you'd like to present their evidence in a court of law and she'll be called to testify that what they've sent is legal and a true account of what has happened.

[DonkeyB]

Sounds almost like the 'F' word again... attempting to obtain monies by deception.

[blueotter]

Indeed ,ask them for a day in court and see what response you get and can you post it on here please !!

[pmhcfc]

Indeed ,ask them for a day in court and see what response you get and can you post it on here please !!

 

I'd simply send a letter saying ;

 

"If you truly believe what you have written then take me to court."

 

Regards

[Huff&Puff]

Thanks all

 

I've pretty much already done everything that has been suggested. On two separate occasions I've told them that I don't recognise the debt, but that even if they could show that it is my debt it must be Stat Barred (I know that because payments stopped on all my cards when my old bank account ran out of money and the direct debits couldn't be paid in April/May 2003). In my last letter I invited them to take me to court if they think they can prove otherwise, and the letter above is their response

 

I hadn't propose to correspond with them any further, as they will clearly just keep on coming up with more idiocy in the same vein. But I was wondering this evening if I should make a complaint through their procedure as well as complaining to TS and the OFT. What do you guys think?

 

I want to sort these cretins out for the sake of others who come after me, who haven't found CAG yet, and who don't know the legal position. Like Donkey B, the F word came to my mind too

[ODC]

I hadn't propose to correspond with them any further, as they will clearly just keep on coming up with more idiocy in the same vein.

Personally I agree with you. Westcot have deliberately tried to deceive you by misquoting the law. There is plenty of case law to prove they are talking bollocks. Deliberately misleading you as to the legal position is certainly an offence under CPUTR 2008 and indeed may be actally far more serious than that. They are so stupid to commit such bollocks to paper. They have handed you a penalty kick to destroy them with. Doubtless when they read this thread later they will realise that there ar at least 6 stated cases which counter their blatant falsehoods. I will give them a clue Swansea Council

 

But I was wondering this evening if I should make a complaint through their procedure as well as complaining to TS and the OFT. What do you guys think?

 

It would be much better for you to not get involved in any slanging match with them but that said you must make a formal complaint to them so as when you get their pathetic reply then you can report them to the Financial Ombudsmans Service. In the meantime report them to TS and the OFT for breaching CPUTR 2008 and the OFT Guidelines. A formal complaint to your MP will also help.

[Huff&Puff]

It would be much better for you to not get involved in any slanging match with them but that said you must make a formal complaint to them so as when you get their pathetic reply then you can report them to the Financial Ombudsmans Service. In the meantime report them to TS and the OFT for breaching CPUTR 2008 and the OFT Guidelines. A formal complaint to your MP will also help.

 

 

Thanks for that ODC

 

I'll make a start over the weekend.

[havinastella]

Well, I though I had heard the last of this, but alas, it was not to be I made it very clear in my last letter to them that:

 

a) I don't recognise what the debt is - I have never had an MBNA account

b) I was well aware of the law regarding Stat Barring, and that if they wanted to persue me further, they can take me to court.

 

In reply I have received this today:

 

 

They have now lied about the legal position regarding stat barring in writing. I might also add that the details regarding this so-called debt are clearly garbled, some bits refer to me, and some bits are plain wrong, and presumably have been mixed up with someone else

 

I told them unequivocally that I would report them to Trading Standards and the OFT if they continued to persue it, but they obviously want to play hard ball. So be it, I'm disabled and semi house-bound, so I have plenty of time to make it my life's mission to get their credit licence revoked.

 

 

I love that they have even sent you proof that the debt is Stat Barred.

 

Last payment Aug2003

 

Jogs

[Huff&Puff]

Although there were no payments made on any of my old cards after May 2003 at the latest, so even that is wrong. It's not the only thing wrong in the info they have supplied either, so they will need to try a lot harder than this to even convince me that it is a genuine debt, let alone that it isn't stat barred

[mikexlr8]

What a bunch of clowns this company employ.