Solicitors letter from wescot

[fairrosamund]

received a letter from nelson guest partners solicitors , this letter as been sent with the same post code wescot have sent letters .

basically saying if i don't pay the outstanding balance they will ask the court to order me to pay all fixed costs and statutory intrest .

if it went to court what will happen could i be paying court costs ect..

[silverfox1961]

Hi,

IF it went to court and IF you lost then yes you would have court costs to pay but the important questions are:

 

Do they have a valid agreement

Was the account defaulted correctly

Was the account terminated

Did you receive a Notice of Assignment

 

 

These are generally threat-o-grams but it does no harm to check to see if the muppets have a legal claim to this debt.

What sort of debt is it?

[Deb T]

and for an addon to Sliverfox's post and where I am concerned re Westcot

 

Do they have a valid agreement - Requested 5 months ago, nothing at all heard from Wescot...and by nothing I mean exactly that.

 

Was the account defaulted correctly - Nope, far from it, probably the worst of all the faulty DN's I have re the original creditor.

 

Was the account terminated - Oh yes, indeed it was ...unlawful recission is it.

 

Did you receive a notice of Assignment - Yes, however the assignment notice was dated 6 months after the original creditor had sold out and were no longer in existence.

 

---

 

I'm waiting for Westot to rear their putrid heads, they've collected off me for almost 5 years and if it wasn't for CAG they'd have been collecting off me for sometime to come. Not any more....I'd like them to try mind...

 

Westcot are bullies, nothing short of.

[fairrosamund]

and for an addon to Sliverfox's post and where I am concerned re Westcot

 

Do they have a valid agreement - Requested 5 months ago, nothing at all heard from Wescot...and by nothing I mean exactly that.

 

Was the account defaulted correctly - Nope, far from it, probably the worst of all the faulty DN's I have re the original creditor.

 

Was the account terminated - Oh yes, indeed it was ...unlawful recission is it.

 

Did you receive a notice of Assignment - Yes, however the assignment notice was dated 6 months after the original creditor had sold out and were no longer in existence.

 

---

 

I'm waiting for Westot to rear their putrid heads, they've collected off me for almost 5 years and if it wasn't for CAG they'd have been collecting off me for sometime to come. Not any more....I'd like them to try mind...

 

Westcot are bullies, nothing short of.

 

 

 

 

so what do i need to do now ask wescot for a cca it was for a overdraft .

[fairrosamund]

Hi,

IF it went to court and IF you lost then yes you would have court costs to pay but the important questions are:

 

Do they have a valid agreement

Was the account defaulted correctly

Was the account terminated

Did you receive a Notice of Assignment

 

 

These are generally threat-o-grams but it does no harm to check to see if the muppets have a legal claim to this debt.

What sort of debt is it?

 

 

 

the debt was sold to wescot.

not sure if they have a valid agreement.

basically if i let it go to court hAVE I TO ASK THE COURT ABOUT THE THINGS YOU QUOTED ..

[fairrosamund]

Do they have a valid agreement not sure

Was the account defaulted correctly nope

Was the account terminated it was closed so Abbey told me

Did you receive a Notice of Assignment nope

 

the debt is for £730 i was going to pay abbey , i don't want to pay wescot so would wescot get nothing if it went to court ?

also will the court let me pay so much a month thanks for the info.

[Deb T]

Notwithstanding any of the incorrect documentation have you contacted abbey direct with a view to reashing a deal with them?

[fairrosamund]

Notwithstanding any of the incorrect documentation have you contacted abbey direct with a view to reashing a deal with them?

 

 

yes i did ring Abbey and they said they had sold the debt to wescot so i can't pay to Abbey , .

[IdaInFife]

cca won't apply to the OD

 

have you checked to see if there are any charges you can claim back?

[fairrosamund]

cca won't apply to the OD

 

have you checked to see if there are any charges you can claim back?

 

 

there ius no charges to claim looks like i will have to pay wescot or just let it go to court.

[PGH7447]

so no charges at all pertaining to the bank account from since it was opened?

[fairrosamund]

they where charges but now its too late as if i don't pay up in 10 days it will go to court , do u think i should offer a payment to wescot or see what the court does cheers.

[PGH7447]

NO, I bet the letter says MAY and COULD

[mr.ton]

A court will not make you pay more than you could afford (£1 per month for example)

It will cost the Westclot clowns money to take you there.

[fairrosamund]

i'm worried at going to court as i will be charged court costs .

[Big_Bother!]

Going to court is no big deal these days - you sit in a room with the judge and have a chat its not Rumpole of the bailey stuff now!

The court will look at your finances. Do Not send this information to Westcott. They have no right to it. If it does go to court then if your vunerable person(ir Pregnant or Disabled etc) or on any form of benefits then you might end up paying £1.00 a week. I would send a SAR requst to Westcott - this costs £10 but provides you with all the data they have on you. You have a right to see this info. Send Postal Order (recorded) and marked for SAR request use only. BTW how long ago did you stop paying this OD?

[Deb T]

You've had all the usual suggestions made to you, request a SARS, look at your bank charges, speak to the lender but you've not gotten very far in your approach.

 

You don't want to pay Westot, you're worried about court, you don't want to pay costs....it's a bit inconsistent.

 

If you've rung Abbey and they say that they've sold the debt to Westcot then simply write a letter to Westcot either with a SARS request which should help show charges made etc...or if you're worried about running out of time due to a SARS possible taking 40 days then simply write a letter to wescot either with the 'prove it' letter from the templates section or simply ask them to send you the 'assignment' notice from abbey to Wescot re the debt being legally theres to collect.

 

If the assignment letter is sent, bring it back here and post it up and lets have a look at it's validity?

 

If it is shown that Westcot own your debt and you're insistent on paying them then make an offer much lower than the alleged outstanding balance i.e a FFS 'full and final settlement' ...offer them as little as you think may help swing the deal.

 

Send all letters recorded.

[mr.ton]

i'm worried at going to court as i will be charged court costs .

 

That will take forever & a day to pay off at the minimum legal rate of £1 per month

[fairrosamund]

That will take forever & a day to pay off at the minimum legal rate of £1 per month

 

 

 

should i make a monthly payment to wescot say £20 a month would they still take me to court , i would set up a standing order but i read on this site they could empy my account ,which surley they couldn't do that .

 

 

anyway thanks for all the info ..

[Deb T]

should i make a monthly payment to wescot say £20 a month would they still take me to court , i would set up a standing order but i read on this site they could empy my account ,which surley they couldn't do that .

 

 

anyway thanks for all the info ..

 

Why would you want to pay somebody that at this point in time have not proved that they own the debt?

 

and it's a standing order you want, that gives you control, it's direct debit where they can call up for more money

[Huff&Puff]

Send them a "prove it" letter. While the debt is in dispute, they cannot legally take court action, and if they do you have an absolute defence. That at least will buy some time while you find out what's what.

 

The very fact that Wescot have this alleged debt at all probably means that there is no paperwork that they could go to court with anyway.

[PGH7447]

either follow the adcive or pay up, at the end of the day it is your choice we cant make it for you

[fairrosamund]

Get out of banks altogether. I realise that is harder for businesses than for private individuals, but for ordinary non-business customers, why not move to a small building society (a non-bank building society) and work without borrowing. Direct debits (in and out) are still possible and they pay interest on your credit balance. I did ! I have never looked back and, by the way, I don't have anything other than my state and occupational pensions going in but I can control what comes out - and no bank charges !