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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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idbehold

Wescot demanding payment for 5yo debt

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Hi,

 

I've been reading the forums and have formed some ideas, but also pretty confused at the sametime. Hopefully someone out there can help me!

 

Back in 2004 I managed to run up a £865 phone bill on Vodafone. I was unable to pay it and a month later I ended up moving to a different city and completely forgot about this.

 

Now I have been on the Electoral Roll for two years, I have now just received a letter from Wescot demanding payment for this. I had a slim idea that they was chasing me for payment as at a old adress there was a Wescot letter that was opened by the new owners who then contacted me to let me know...

 

Now I'm stuck at what to do, and as far as I can see I have 4 choices:

 

1 - Pay them in full (I cannot afford to)

 

2 - Contact them and make small payments (however I would be acknowleging the debt and it is nearly 6 years (Nov 2004 it would have been) so from what I have read that would reset my 6 years??)

 

3 - Contact them and state I do not reconize this as I have not agreed to any debt to them and to ask for a credit agreement etc (If this is the one to go for I need a hand with this! But again would I not be acknowledging the debt and resetting the 6 years?)

 

4 - Ignore them and hope they go away (Wouldn't happen)

 

Hopefully someone can give me some advise on what to do and the best course of action :)

 

Thanks!

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Hi,

 

I've been reading the forums and have formed some ideas, but also pretty confused at the sametime. Hopefully someone out there can help me!

 

Back in 2004 I managed to run up a £865 phone bill on Vodafone. I was unable to pay it and a month later I ended up moving to a different city and completely forgot about this.

 

Now I have been on the Electoral Roll for two years, I have now just received a letter from Wescot demanding payment for this. I had a slim idea that they was chasing me for payment as at a old adress there was a Wescot letter that was opened by the new owners who then contacted me to let me know...

 

Now I'm stuck at what to do, and as far as I can see I have 4 choices:

 

1 - Pay them in full (I cannot afford to)

 

2 - Contact them and make small payments (however I would be acknowleging the debt and it is nearly 6 years (Nov 2004 it would have been) so from what I have read that would reset my 6 years??)

 

3 - Contact them and state I do not reconize this as I have not agreed to any debt to them and to ask for a credit agreement etc (If this is the one to go for I need a hand with this! But again would I not be acknowledging the debt and resetting the 6 years?)

 

4 - Ignore them and hope they go away (Wouldn't happen)

 

Hopefully someone can give me some advise on what to do and the best course of action :)

 

Thanks!

I would start with a simple letter.

 

xxxxxxxxxxxxx 2009.

 

Dear Sir/Madam

 

Re account no xxxxxxx

 

I acknowledge no debt to your company or your client. This letter is a formal request of true copy of a signed and dated agreement for the above alleged account number.

I expect you to comply fully and properly with this request.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity.

I look forward to hearing from you.

 

Yours faithfully

Edited by vint1954
Removal of ref to CCA

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Make them do some work & send them this The Consumer Forums

 

The debt will become Statute Barred in England/Wales six years from when it became due, five years in Scotland.

 

The CCA letter in post #2 is no good as a mobile contract is not covered by the CCA 1974.


Anthrax alert at debt collectors caused by box of doughnuts

 

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Mobile phone accounts are not covered by CCA. However you can adopt the letter by asking for proof of the debt and tell them proof would consist of a signed agreement and an itemised bill.

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send the prove it letter

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

When they come back we send a request for breakdown of the account.

 

It won't be long till it becomes stat barred ;)

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I would start with a simple letter.

 

xxxxxxxxxxxxx 2009.

 

Dear Sir/Madam

 

Re account no xxxxxxx

 

I acknowledge no debt to your company or your client. This letter is a formal request of true copy of a signed and dated agreement for the above alleged account number.

 

I expect you to comply fully and properly with this request.

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity.

I look forward to hearing from you.

 

Yours faithfully

The letter suggested in post #3 is more appropriate.

 

I have smacked my wrists

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appropriate.

 

I have smacked my wrists

Masochist :eek:

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Masochist :eek:

I just love the pain:lol:

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Hi

Dont know if you know this but Wescot do not have the legal licences to add defaults etc to your redit file - just so you dont worry about that (only the origional company who you owed the debt to can do that) i know it's not part of your origional question but thought it may be of some use to know.

 

I had a similar issue with Wescot and O2 (I ended up clearing the debt as i was getting freaked out by all the letters and was only 18 so didn't know my rights anyway) But i just called them as i can not find a single reference to O2 sending me a default notice so i called them to try and see if it was Wescot who added the default and the bloke on the phone explaind it to me.

 

Dont know how much use this post is but had to mention it :)

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Hi

Dont know if you know this but Wescot do not have the legal licences to add defaults etc to your redit file - just so you dont worry about that (only the origional company who you owed the debt to can do that) i know it's not part of your origional question but thought it may be of some use to know.

 

I had a similar issue with Wescot and O2 (I ended up clearing the debt as i was getting freaked out by all the letters and was only 18 so didn't know my rights anyway) But i just called them as i can not find a single reference to O2 sending me a default notice so i called them to try and see if it was Wescot who added the default and the bloke on the phone explaind it to me.

 

Dont know how much use this post is but had to mention it :)

Only the OC can add the default, or the third party who buys the debt.

 

If OC has added a default, then subsequent buyers, can only take over that default, they cannot add a second.

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Thanks guys for the reply, so I am going to send this next week (One it's close to the dead line to draw it out longer :) and 2, I'm unable to get to the post office until then to send it recorded.

 

Is there anything else I should add into this before I send it? What should I be looking for when I get the reply?

 

Again thanks for all the help :)

 

Dear Sir/Madam,

 

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

 

I would point out that I have no knowledge of any such debt being owed to your selves or to Vodafone.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

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