Help PLEASE

[oopsadaisys]

Hi everyone

 

Im new to this and could do with really good advice. I took out lots of credit in 2005, i did not realise what i was doing at the time.

 

I have moved house and i have now owned up to some of the debt i owe and am paying it monthly with no problems. However a couple of months ago my parents recived a few letters from a company westcot i think it is stating that i owe them money...massive amounts in the thousands. i have told my mum that this is obviously my debt. so the first thing i did was get a copy of my credit report from experian...this company had not done any searches on there and it did not show on there either as defult. So what shud i do? I have to pay this off but i dont know what to do as they are sending it to my mums address and not mine when on my report my address is clearly linked with my old address (my mums) from years ago. i dont know what sort of direction to go in here guys...

 

thanks for the help x:)

Edited July 14, 2010 by oopsadaisys

[rebel11]

Hi oopsadaisys

 

Welcome to CAG

 

First thing to do is send each creditor a CCA Request with £1 postal order

CCA Request Templates can be found on this site. You send the CCA Request to find out if the agreements are enforceable.

If they are unenforceable, you can put the account in dispute. Start a thread in the correct section, something like

oopsadaisy v westcot, then scan and post the document, having removed all personal details.

 

Secondly if you have paid any Penalty Charges over the last 6 years plus,

you can get them back with contractual interest. All you need to do is send a SAR request with £10. They have 40 days to send you statements. If you have been mis-sold PPI, again you can get that back with contractual interest. Again Templates and spreadsheets can be found on this site.

 

http://www.consumerforums.com/resources/templates-library

 

You might possibly not owe as much money as you think. The guys here are very helpful.

Edited July 14, 2010 by rebel11

[oopsadaisys]

hi

 

thanks for the welcome.

 

I have printed off the letters and will send them on saturday by recorded delivery. If it is that they do come back with the correct letters should i scan and upload on here? as i have no idea what these papers look like?

And if they dont comply and send them to me does this mean that the accounts then go into dispute? and when it has gone into dispute does it mean that they cannot enforce the debt until they provide these documents?

 

sorry know im waffling on but i dont understand the proccess, or i dont understand why they are sending letters to my mums, could it be that they are infact just trying to obtain a ccj without the correct checks, so that they can enfource the lump sums without issues arising? or do they need to provide a court with the fact that i do live at this address, i no longer have any financial conection with that house at all other than it is a prev address.

 

Oh and i dont know how to move the thread to where it needs to go

 

loads of thanks

[rebel11]

Yes scan and post whatever they send you, don't forget to remove your personal details. Yes, you can put the accounts in dispute until they comply.

 

Unfortunately I can't advice you on the second paragraph, but others here will respond.

 

Thats fine just use this thread, the site team will move it if it needs to be moved.

 

Any spare time you have, it's worth reading some threads on Westcot, that way you can arm yourself with the

knowledge you need to deal with matters.

 

hi

 

thanks for the welcome.

 

I have printed off the letters and will send them on saturday by recorded delivery. If it is that they do come back with the correct letters should i scan and upload on here? as i have no idea what these papers look like?

And if they dont comply and send them to me does this mean that the accounts then go into dispute? and when it has gone into dispute does it mean that they cannot enforce the debt until they provide these documents?

 

sorry know im waffling on but i dont understand the proccess, or i dont understand why they are sending letters to my mums, could it be that they are infact just trying to obtain a ccj without the correct checks, so that they can enfource the lump sums without issues arising? or do they need to provide a court with the fact that i do live at this address, i no longer have any financial conection with that house at all other than it is a prev address.

 

Oh and i dont know how to move the thread to where it needs to go

 

loads of thanks

[Halibutt]

You're in the right place already and good advice from Rebel11.

 

Keep a copy of everything you send in writing. Don't sign any letters, simply print your name. Everything by Royal Mail Recorded Delivery - you can track delivery on the Royal Mail website - keep your receipt of posting!

 

I've started adding "By Royal Mail Recorded Delivery" at the top of any of my correspondence - it might make them think for a second or two before trying to bully further as they know you can prove they received your letter(s).

 

If you've written to them, including your new address, they should then direct any correspondence to the address you've quoted.

 

If they don't and continue writing to your Mum's address, that could be included as evidence of harassment and improper practice - grounds for complaint to regulatory authorities.

 

Keep all of their letters and the envelopes they came in.

 

Best of luck and let us know how you get on!

[rebel11]

I'm scratching my head, thinking I've forgotten something, Thanks Halibutt:D

 

 

You're in the right place already and good advice from Rebel11.

 

Keep a copy of everything you send in writing. Don't sign any letters, simply print your name. Everything by Royal Mail Recorded Delivery - you can track delivery on the Royal Mail website - keep your receipt of posting!

 

I've started adding "By Royal Mail Recorded Delivery" at the top of any of my correspondence - it might make them think for a second or two before trying to bully further as they know you can prove they received your letter(s).

 

If you've written to them, including your new address, they should then direct any correspondence to the address you've quoted.

 

If they don't and continue writing to your Mum's address, that could be included as evidence of harassment.

 

Keep all of their letters and the envelopes they came in.

 

Best of luck and let us know how you get on!

[Halibutt]

Rebel11 - "Together we are strong."

 

I'm sure others will be able to give additional advice too.

[Undercover-Elsa]

Hi and welcome to CAG

Good advice so far.

Do you have the letters from Wescott? They should state what client they are collecting for, or that they now own the account. Are you sure the debt is yours and not just some random phishing excercise?

The first thing you need to do with them is send them the no knowledge of debt letter here, informing them at the same time of your new address, as otherwise they may well try to sneak in a CCJ to your old address. Warn your parents to forward any mail to you immediately, unopened.

 

There's no point trying to hide your real address from them now, as signing up to Experian broadcasts it to the financial world, unfortunately.

 

Concentrate on sending the CCA's etc to the ones causing you most problems at the moment, and organise yourself with a folder for each one.

What they should send is a copy of your credit agreement, terms and conditions at the time the account was opened, and a statement of account.

No point sending CCA requests for overdrafts btw. A SAR is the way to go there.

 

Shout if you need more help

 

Elsa x

[oopsadaisys]

hi

 

thanks for all of ur responces, i really am greatfull for this.

Me and my mum are now amending the letters for me to send to them.

 

Am i right in thinking that i should now send all of the i have no acknowlegement letters to the company which are no sending letters to my parents house as this will be the first contact. should i send these letters on there own or with the cca requests (at the same time) or seperatlly) sorry my spelling is terrible lol.

 

And then for a overdraft which i think one of them is for...but have no idea which one (im guessing the lower amount) shud i send a differnt letter enclosing £10....or just see if they reply to the i have no idea what you are talking about letter.

 

For anybody else who reads this i am genuinly wanting to pay off my debts i just want to make sure the right ppl are geting the money.

 

My address was already linked to my file, iv not tried to hide it (why im paying off sum already) i just cant understand why they are sending it to my parents house when the links to find me are already there.

 

thanks everyone

[Undercover-Elsa]

We don't judge on here hon

 

How about starting by sending the "No knowledge of debt" one to anyone, including Lowells, who's hassling you but you're not currently paying.

Send the CCA requests to the ones you've already started paying.

 

Elsa x

Edited July 14, 2010 by Undercover-Elsa
typo

[oopsadaisys]

well thank you to everyone, me and my mum (thank god for mums and dads a?) are sorting it now, and i will keep you all posted as to what happens 14 days on saturday and i will know a bit more about where i stand.

 

I know no one on here judges ppl, this is what makes it such a good site and gives ppl a breath of freash air to know you really arnt the only ones who are going through this..even if it does feel like it sumdays.

 

big hugs and kisses to everyone with good luck for their future from me:) x