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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

 

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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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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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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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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