Hoist/? Claimform 2008 abbey credit card 'debt'

[Feelingdownandout]

so there is nothing I can do?

 

Is the best thing for hubby to call them and agree the payment plan?

 

 

just want to move this along without the constant worry that some person is going to be on the doorstep harassing us.

[AndyOrch]

FDAO

 

You must completely disregard it and stop worrying, you are falling into their games.

Dont respond with letters waste of your energy and money.

 

Andy

[Feelingdownandout]

I know I must sound stupid,

 

 

if I ignore ,

 

 

the debt wont go away,

 

 

they only sent through recon cca

 

 

plus its after Apr 2007,

 

 

not sure what diff that makes,

 

 

1st crud refused 1st repayment plan and its gone round and round since then,

 

 

I dont want them on the doorstep, is ignoring the right thing?

 

 

Do I write and make the offer of £x per month to Santander and see what the response is?

[AndyOrch]

Without the full knowledge of your thread or history of the debt I assume these muppets are chasing you.

 

 

If its been assigned to them then they must prove that they are legally entitled to collect from you .

 

If they have not been assigned then the account is in dispute with Santy and they are breaking all the rules re debt collection.

 

 

Their game is to frighten you and to get you to communicate then they will play with your mind further.

 

Bin it and put the kettle on.

 

Regards

 

Andy

[Feelingdownandout]

Hi Andy

 

He has never has a notice of Assignment from Santy,

 

 

but letters stating they are acting on behalf of their client who is Santy.

 

 

We have written stating that we acknowledge no debt to Wescot and they having none of it,

 

 

which is why we just want to get it sorted anyway we can,

 

 

sell stuff if we have to, yes it gets to me big time,

 

 

just dont want people knocking on the door.

[AndyOrch]

Well send them the Bog of account in dispute letter.I assure you they will not approach you.

 

Regards

 

Andy

[Feelingdownandout]

ok - will find that one and get it in the post this evening.

 

the only acct in dispute template that I can find on here relates back to not receiving a complete signed cca?

[AndyOrch]

There you go:-

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to your Company

 

I am/we are familiar with the Office of Fair Trading debt collection

Guidance 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/we 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. 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully (dont sign

)

 

Regards

 

Andy

[Feelingdownandout]

thankyou andy, that has now gone in the post.

 

I wonder how that will be received, lets hope that my weekend is free of worry to enable me to get on with looking after my children and being a mom. xx

[dx100uk]

you keep feeding the seagulls

they'll keep swooping down to collect food.

 

dx

[AndyOrch]

Depends on what you feed them:wink:

 

Andy

[Feelingdownandout]

hi there dx / andy,

 

 

i feel like i am easy bait,

 

 

but as in post 50, surely the best thing to do is to set up some form of repayment plan?,

 

 

as i said before they refused the first offer we made and demended a stupid deposit of £200

before they would look at an agreement so it gone round and round since then.

 

We wrote to santy and they not even bother to reply - what else can I do?

 

is there anything else positive I can do to make this any better?

[The Mould]

FDAO

 

OK, thanks for the pm.

 

Where is the CCA?

 

Kind Regards

 

The Mould

[Feelingdownandout]

hello anyone out there, I am writing to update the world as to the latest on this situation.

 

We have had another letter in the post today from westcot, again threatening doorstep action.

 

Since we wrote at the beginning of october to put the account in dispute,

they wrote and acknowledged our ltter and confirmed that they would be in touch

once they had concluded their investigations and they would not pursue for any monies in this time.

 

Then out of the blue,

 

we get a letter approx 3 weeks ago stating that Santy have confirmed that we are making payments to them

and that we should be making these payments to Westcot

- we have not paid them a penny bean, they wouldnt agree a payment plan.

 

What do I do - where do I go from here, hubby wants to ring them as he doesnt want to end up in court, and I just dont know what the best thing is.....

 

any further advice would be so appreciated.

[silverfox1961]

As usual, Wescot not knowing their ar*e from their elbow. I think you could send them a formal complaint refuting what they are saying. Explain how in a previous letter they would place a hold on the account and investigate and now they are chasing without completeing the investigation. Muppets

[Feelingdownandout]

thank you for your post.

 

So a letter stating that they are yet to prove that hubby owes 'Wescot'

 

or a letter of assignment from Santander is what we need,

 

as they have not informed us that they have conculded their investigations?

 

so he is not to call them to setup a repayment plan in the meantime then?

 

would that mean admitting that he owes Wescot as opposed to Santander?

 

a stupid question this may be - but would it be better for him to just be taken to court?

 

I know perhaps I drone on,

 

but any nudge on this would be welcomed with open arms,

 

with christmas on the way,

 

I dont want to be worried about who may be turning up on our doorstep,

 

I thought I was on top of this but clearly I'm not.

 

All responses gratefully received.

 

Feeley

xx

[dx100uk]

totally ignore them.

 

DCA's have no legal powers

 

even if you get an unwelcome carol singer from wescot, just tell them to lerave your property

they have NO LEGAL POWERS AT ALL!!!

 

forgert them enjoy xmas

 

dx

[Feelingdownandout]

are they likely to carry out their thret and if so will they add a fee for that?

[dx100uk]

PLEASE STOP WORRYING............

 

go back to post one and re read your thread

 

THREE TIMES you have asked the same question on this thread alone

 

they have no authority to add anything to a debt they have no legal paperwork on.

 

dx

 

IGNORE THEM.

 

dx

[Feelingdownandout]

hello - wanted to post the latest on this situation.

 

I have today in the post reecived a letter from credit Security Limited DEMANDING money or else...

 

..., they say their client is wescot!

 

I am off to research who this company is,

 

but we received the SAR back from Santander and it was poor,

 

there was a recon T&C's and

 

a bunch of papers that were computer printouts of what I can only presume are statements,

 

no default letters,

 

no letters of assignment no nothing,

 

so i am sending a letter before action to santander next week.

 

amy other advice apart from what is already posted?

[The Mould]

hello - wanted to post the latest on this situation.

 

I have today in the post reecived a letter from credit Security Limited DEMANDING money or else......, they say their client is wescot!

 

I am off to research who this company is, but we reecived the SAR back from Santander and it was poor, there was a recon T&C's and a bunch of papers that were computer printouts of what I can only presume are statements, no default letters, no letters of assignment no nothing, so i am sending a letter before action to santander next week.

 

amy other advice apart from what is already posted?

 

Hello again FDAO

 

If you are going to send Santander a LBA then, I would suggest that you have a very good read of PRACTICE DIRECTION - PRE-ACTION CONDUCT, you will find this on the Ministry Of Justice web site. The said PRACTICE DIRECTION will assist you in drafting your LBA and will also ensure that Santander will respond to your said letter.

 

What is the 'or else' threat from Credit Security Ltd?

 

Kind Regards

 

The Mould

[Feelingdownandout]

hi there, the or else is a door step collector and court action, their letter states that payment must be made immediately....

[The Mould]

hi there, the or else is a door step collector and court action, their letter states that payment must be made immediately....

 

Hello FDAO

 

Door step collection - ilegal, DCA commencing with court action - only the creditor/title holder can commence with proceedings (equitable assignees can also commence with proceedings), can you scan in and post up the letter from them? If not, can you please post up the said letter word for word, minus the obvious details.

 

Don't worry about them FDAO, you should know by now, that cannot do anything to you.

 

Kind Regards

 

The Mould

[dx100uk]

utter crap

ignore them

 

dx

 

i have also tidied this and your other thread

 

dx

siteteam

[Feelingdownandout]

thanks dx

 

We had another letter post yesterday, they are coming through regulalry from these people, I need to sort my children today as they been very poorly but will post the text from the letters up a bit later on.

 

x

Edited January 8, 2011 by Feelingdownandout
typo