Wescott Credit going back on word!

[kellyroe1980]

Hello there, this is the first time I've posted here so bear with me....

 

I had an old credit card with RBS which was passed to Wescott Credit Services when I could keep up with the payments. I went on a reduced payment plan and kept this up.

 

Back in march this year the balance was £980, and I had a call (to my parents house!) asking me to call Wescott asap. When I called I spoke to a very nuce young man who said that if I could make a lump sum payment off the debt, RBS had agreed to apply a credit to the account of £600!

 

I borrowed £300 to make a payment thinking that this would then give me a credit of £600, leaving only £80 to pay. So I've been carrying on with the payments as normal, then after making the payment in November 09, by my calculations I should have only had around £14 left to pay.

 

I sent Wescott an email to confirm this and they replied saying;

'Good morning, further to your recent email I can confirm that you current balance is £614.87'.....

 

Obviously I hit the roof! and replied.....

Please could you tell me why it is £614.87? During a phone conversation with someone at Wescott back in March, I was told that if I could make a lump sum payment, RBS would apply a credit of £600. I made a lump sum payment of £300 in April (which I borrowed from my parents on the promise that I would get credited with £600) and it looks like RBS (or Wescott) haven’t kept their part of the deal. I will have to dig out my old bank statements to get the exact date I sent the payment, but can you please explain?

I’m sure Wescott record their phone conversations so if I get the date of the call can you check it?

I am very annoyed by this.

 

they then replied saying.....

 

Good morning

Further to your recent email,

Upon reading the notes on this account

It states a settlement figure of £600 was quoted to you

We received a payment on £300 24*04*09, therefore £300 short of the settlement

Should you require further assistance, please contact us

I then replied

 

No I’m sorry but that is not what they said to me. The balance was £980 and they said if I could make a lump sum payment I would receive a CREDIT of £600 on the account. I was not asked to make a PAYMENT of £600 in settlement.

This is ridiculous. Yet another example of a debt collection agency going back on their word. I knew I should not trust a phone call.

Ok so maybe I lost the plot a bit there but you can imagine I'm really peed off, as thought the debt would now be paid off.

So anyway now I've had an email from some manager person saying that my emails have been passed to her and could I forward details of times names etc who promised me the credit. I stupidly didnt get the guys name but I know from my phone bill the exact date/time of the call.

I just wanted to know how I should go about replying to them, shoulkd I stick to email or write? I'm never ever speaking to them on the phone again after what they've done.

Where do I stand with my arguement that they promised me a credit to the account and should I contat RBS?

Any advice much appreciated!!

Thanks

[cerberusalert]

Thread moved to Debt Collection Forum.

[alfwithhair]

Unfortunately you appear to have been stitched up like so many others are.

RBS will know nothing about this offer, it is all in Wescots imagination as a ploy to extract money from you.

You will get no sense out of any of their brain dead threat monkeys, so no point in trying.

Have you at any point requested a copy of the credit agreement under s78 CCA?

If not I suggest you do. They then have 12+2 days to come up with the goods or the account goes in to dispute. It is very unlikely Wescot will come up with anything, so you can tell them to wistle for the balance.

 

The Moral of the story is never speak to any of these DCA planks on the phone, they will tell you any old bull if it gets money out of you.

 

The CCA request I think is your best bet, if the debt proves to be unenforceable then it is 'san fairy ann' to them. They can do jack.

[Pinky69]

DCAs don't go back on their word - they don't have a word to go back on. Never speak to them on the phone - ever. Everything in writing. Depending on how old this card is, RBS won't have an agreement - you will soon find out once you send your CCA request. Hard lesson No 1 - DCAs lie to their back teeth and will tell you anything to get money off you. Welcome to CAG.

[twofoot]

I would never believe anything a DCA says on the phone, they are amongst the worst liars on the planet. Any dealings with DCA's should always be in writing, preferably in blood.

[F_DCAs]

Yep, CCA them. This is Westcot - they won't be able to honour it.

[lickthewallfatboy]

a DCA telling lies

 

who'd have thunk it eh?

[themagician]

a DCA telling lies

 

who'd have thunk it eh?

telling lies we,ll be goin to the moon next!

[Seminole]

Just a minor point. Recorded telephone conversations are covered by the Data Protection Act and you should be able to get them through a SARN. I've no idea whether anyone has actually got them from a DCA though.

[debt4get]

you'll find they either cannot find the conversation or will claim it has been wiped, we all know on here how dca's operate..it is the poor punters who do not know about this site that get ripped off by them.. send the cca request chances are you will find they dont have it and you can legally stop payment then, you wont see your money again, and its a difficult lesson to learn..but hey most of us here have been seen off at one time or another by these parasites

[kellyroe1980]

Thank you everyone for your replies.

 

How do I go about the CCA request? I havent yet replied to Wescott but rest assured when I do it will be in writing!

[debt4get]

you can try this one if you like

 

 

 

 

 

Your ref

Dear Sir,

Thank you for your letter dated xx/xx/xx, and the outstanding balance of £xxxx to which I do not agree.

With reference to the above, we would be grateful if you would send me a copy of this credit agreement of this alleged debt.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

For your future reference

I am only prepared to communicate with you in writing. Should it be your intention to send 'doorstep agents' to my premises, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) and doorstep agents representing your company are not of the afore mentioned prescibed list.

Take note therefore that I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me and should it be necessary, I will seek an injunction.

Note also each and every further breach you make of the Office of Fair Trading debt collection guidelines that you are obliged to abide by will not only be reported to them, but will also be followed up by another formal complaint to yourselves that may require the arbitration of the financial ombudsman, and subsequent fee incurred by yourselves, should I not be satisfied with your response.

 

I look forward to hearing from you.

 

Yours faithfully

[kellyroe1980]

Thank you! Should I send a postal order for the £1.00 payment?

[alfwithhair]

Thank you! Should I send a postal order for the £1.00 payment?

 

Yes postal order is best, you don't want them knowing your bank account details, which they would if you sent a cheque. Make sure its a crossed PO made payable to Wescot and stick this bit in same where within the letter,

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

[Pinky69]

And print or put your initials at the bottom of the letter. DCAs have been known to lift the signature off a letter to put it on a dodgy document.

[vanman]

i keep getting phone calls from Westcot asking to speak to Mr xxxxxx (me) then want me to confirm for security, my address postcode and D.O.B. told the woman that i had never heard of them and refussed to give any details at all.

she said that a letter had been posted a couple of days ago (not recieved) and told her to send the letter again and not to phone me again. she then said 'well how the hell do you expect us to sort this out if you wont give us your details'

i was just starting to say once more that i would not give my details and to write to me when......BEEEEEEEEEP...she hung up!

how professional eh!!!

called yesterday and same thing. got very rude with me (which is a big mistake if people know me) started talking over me when i was explaining i requested not to be phoned regarding the matter and i just lost it and told her in words i would never use on this site, just where to go and hung up myself!

 

its been nearly 2 weeks since first phone call and supposed letter they sent...and still no letter!

 

anyone have any advice on how best to get them to stop calling me?

as i dont want to write to them as obviously i will be giving my details away to them as i would if i phoned them.

[diverdee]

I'm not an expert, but from doing a lot of reading on this site (& others) I guess you could claim harassment, i'd be tempted to send them a harassment by telephone letter (Harassment by telephone - Consumer Wiki) - @ least then any further inquiries from them should come by post so you will have a full record of any communications.

Question for more experienced peoples - is it ok to send a letter like this to a DCA without including your name, just sending it from 'the occupier' @ your address?

[vanman]

I'm not an expert, but from doing a lot of reading on this site (& others) I guess you could claim harassment, i'd be tempted to send them a harassment by telephone letter (Harassment by telephone - Consumer Wiki) - @ least then any further inquiries from them should come by post so you will have a full record of any communications.

Question for more experienced peoples - is it ok to send a letter like this to a DCA without including your name, just sending it from 'the occupier' @ your address?

 

thanks for that, good idea.

 

i wont include my address in the letter tho just my phone number and name (which they already have) just incase they are fishing for my address.

do they really expect people to give away such details to a total stranger over the phone? i have the right mind to phone them and ask for there D.O.B and home address

......now theres an idea :idea: ......wonder what the respose would be to that

[diverdee]

I would recommend either starting a new thread or waiting for input from someone more experienced before you take any action - there appear to be a number of very helpful & knowledgeable individuals on this site who are giving marvelous advice.

[PaulW922]

Yes postal order is best, you don't want them knowing your bank account details, which they would if you sent a cheque. Make sure its a crossed PO made payable to Wescot and stick this bit in same where within the letter,

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

If the debt is still owed to RBS and Wescot are acting on their behalf, should the CCA request and payment of the £1 fee not go to RBS?

[MorganaNK]

If they are calling on a land line and it is a BT one then you can get a service called Choose To Refuse - you can block up to ten callers. Once your list is full, if you add another number it knocks off the first number you blocked... but I have found that it doesn't matter... I have been blocking calls for the last few years... and (fingers crossed that I don't jinx myself) we haven't had any calls for over a month...

 

I don't know if other land line providers have a similar service but there is no harm in asking...

[vanman]

I'm not an expert, but from doing a lot of reading on this site (& others) I guess you could claim harassment, i'd be tempted to send them a harassment by telephone letter (Harassment by telephone - Consumer Wiki) - @ least then any further inquiries from them should come by post so you will have a full record of any communications.

Question for more experienced peoples - is it ok to send a letter like this to a DCA without including your name, just sending it from 'the occupier' @ your address?

 

i will get the letter in the post on monday i think and see what happens from there.

 

from what i have been reading on many sites, they all say the same things about them, that they are rude and dont tend to play by the law.

i love companies like that...i just love a challenge

[vanman]

If they are calling on a land line and it is a BT one then you can get a service called Choose To Refuse - you can block up to ten callers. Once your list is full, if you add another number it knocks off the first number you blocked... but I have found that it doesn't matter... I have been blocking calls for the last few years... and (fingers crossed that I don't jinx myself) we haven't had any calls for over a month...

 

I don't know if other land line providers have a similar service but there is no harm in asking...

 

unfortunately a few years ago i took leave of my sences and went from BT to TalkTalk yes i know very silly.....but...anyway...called TT yesterday and they can put a call blocking feature on my line but it will cost me something like £4 per month which i dont think i will be needing as never needed to block a number before. then again...may be worth it just for 1 month at least till they get the message

[kellyroe1980]

Hi just as an update...sorry I am so late.

Sent the CCa request to Wescott, got letter back returning my £1 PO sayng that RBS have the CCA not them and I still owe £600, replied basically saying no CCA no money and I havent heard a peep from them since! So finger crossed....maybe a result!

 

Thanks everyone!

[F_DCAs]

Wescot know what their obligations are - they should be forwarding your request onto RBS, not have you contact the client directly. They're clearly trying to fob you off - report them.

 

This isn't surprising, coming from a company whose less-than-stellar information processing was a contributory cause in at least one death.