Nelson Guest & Partners Solicitors

[Gotta_Lite_Mac]

Hi everyone,

 

Just after some advice regarding this company. Recieved a letter from them acting on behalf of Wescot Credit Services. I've recieved numerous letters from different companies regarding the loan I defaulted on with Halifax, every letter so far has been an empty threat. Is this the case with this company?

 

Last payment I made was early 2008 for £2 as a token gesture over the phone, since then only received letters no verbal communication. Am I right in thinking that if I don't have a face to face meeting with someone or conversation on phone in 6 years then by law its written off?

 

Cant afford to pay anything at the moment, would prefer them to take me to court and be declared bankrupt. Only defaulted because the insurance on the loan didn't cover me.

 

Any advice would be gratefully received.

 

Steve.

[maroondevo52]

Hello and Welcome, Steve.

 

How old is the loan ?

 

Regarding the 6 year Statute Barred situation.........

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts, 6 years

* in contracts under seal, 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Regards.

 

Scott.

[Gotta_Lite_Mac]

Cheers .

 

The loan is from either 2004 or 2005, it was for £7000 plus £1500 on top of that for insurance. They are chasing me for £6384.57 but apparently willing to accept 50% for me to settle it now.

 

Was hoping they wouldn't locate me at new address, should of thought of that before signing electoral register.

 

My only worry is that I could lose possessions, it wouldn't cover the amount they want but it's still a worry. First time I've set up my own home, stressful thinking I could lose anything.

[maroondevo52]

I take it there was PPI on this loan, are you sure it was not miss sold ?

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforceable. If they fail to provide it within 12+2 days they are in default of your request. Send it recorded delivery enclosing a £1 postal order.

 

When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Regards.

 

Scott.

[Gotta_Lite_Mac]

Thanks,will do

[Gotta_Lite_Mac]

Just been reading the back of the letter from Nelson Guest. It states:

 

Nelson Guest & Partners have specific instructions not to deal with any queries arising from the information in this letter and understand that you have been offered all information needed to enable you to settle this account.

 

Guess i'll have to contact Wescot direct instead

[DeRichleau]

I have had dealings with Wescot. The solicitors are probably the newly promoted tea boy, and at the next desk to the idiot who wrote to you last time. Maroon has got it right, they will probably run a mile from a CCA request.