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    • It's better to keep advice on the open forum for everyone's benefit. Maybe you could post up the correspondence in a single pdf document and cover up your personal details, reference numbers and so on? HB
    • Hi on the notice of disqualification it lists the 2 speed offences and marks offence withdrawn? This is for both offences and then the other 2 is the MS90s which I’m fined for and the additional costs. R
    • Hi,    It has taken a while, but I have received an email from Auxillis -  hello, we are not dealing with this claim all we do is log accident for you isnurance - the claim has been passed to your underwriter markerstudy 0344 873 8183 as they are deal with fault cliams ion behalf of adrian flux. thankyou auxillis   I have made repeated attempts to phone Markerstudy in between working from home, struggling for energy and trying to find a cheap car so that I can keep my job (community support worker). Thankfully I have a supportive team and I am being given phone calls to make but it cant last too long. I had a severe migraine over the weekend and also have quite bad whiplash in my neck and back.    I found this in my insurance policy booklet -    Protection and Recovery If the insured vehicle cannot be driven following an incident leading to a valid claim under this section, we will pay: • the cost of its protection and removal to the nearest approved repairer, competent repairer or nearest place of safety; and • the cost of re-delivery after repairs to your home address; and • the cost of storage of the insured vehicle incurred with our written consent. If the insured vehicle is damaged beyond economical repair we will arrange for it to be stored safely at premises of our choosing. You should remove your personal belongings from the insured vehicle before it is collected from you. In the event of a claim being made under the policy we have the right to remove the insured vehicle to an alternative repairer, place of safety or make our own arrangments for re-delivery at any time in order to keep the cost of the claim to a minimum     I do about 20-25000 miles a year with the work I do, I have been getting quotes and putting that I have now have one accident and no no claims bonus and the cheap quotes from similar companies to markerstudy are more than double what i paid last year at 8-900 and aviva is offering 2600 which is simply out of my price range and more than the car i am looking at.  I am starting to wonder if it is even worth going ahead with the claim as i have no one to claim from. I have had no information from any of the enquiries I have made.  I have a full tank of vpower diesel in the car in the impound, i can strip it for parts and probably make what I will be offered by the insurance payout and get the money quicker.  As I have made contact and started the process can I back out, still keep my NCB and a claim free history? Also what happens with my injuries? I don't think there is any permanent damage but my dr refused to see me and just gave me a boat load of naproxen and codeine. What happens in the future if things don't get better and I cancelled this claim? Can you claim injuries off your own insurance because the other guy ran and you cant find him? I have tried to ask these questions off markerstudy but they keep me waiting for nearly an hour then end the call.    Thank you for your time and help.  It is really appreciated.  I am quite honestly on the floor, I have been really ill, in hospital, had nearly 6 months off work and only been back full time a few weeks and now this.  The fact the company you pay large sums of money to look after you in a time of need is also behaving criminally just makes you want to give up.    
    • Thanks for the response. Am I able to send you the documents I’ve received or can you message via instant message and I’ll send these? Reece
    • Regretfully it does. Have you actually seen any papers which show what you were charged with (rather than what you were convicted of)? It is unusual not to be “dual charged” but if you were not charged with both, you are where you are. If you had been charged with both offences and providing you were the driver at the time, you could, after performing your SD, have asked the prosecutor to drop the “Fail to Provide” (FtP) charges in exchange for a guilty plea to the speeding charges (you cannot be convicted of speeding unless you plead guilty as they have no evidence you were driving). You will have difficulty defending the FtP charges. In fact, it’s worse than that – you have no chance of successfully defending them at all because the reason you did not respond to the requests is because you did not receive them and that’s entirely your fault. No it’s not correct. Six months from 18/11/23 was 18/5/24 so, unless they were originally charged, the speeding offences are now “timed out.” There is one avenue left open to you. If you perform your SD you must serve it on the court which convicted you. You will then receive a date for a hearing to have the matters heard again. Your only chance of having the matters revert to speeding (and this is only providing you were the driver at the time of those offences) is to plead Not Guilty, attend court. When you get there you can ask the prosecutor (very nicely, explaining what a pillock you know you were for failing to update your  V5C) if (s)he is prepared to raise “out of time” speeding charges, to which you will offer to plead guilty if the FtP charges are dropped.   This is strictly speaking not lawful. Charges have to be raised within six months. Some prosecutors are willing to do it, others are not. But frankly it’s the only avenue open to you. There is a risk with this. I imagine you have been fined £660 (plus surcharge and costs) for each offence. The offence attracts a fine of 1.5 week’s net income and where the court has no information about the defendant’s means a default figure of £440pw is used.  If the prosecutor is not prepared to play ball you can revise your pleas to guilty. A sympathetic court should give you the full discount (one third) for your guilty pleas in these circumstances but they may reduce the discount somewhat. The prosecution may also ask for increased costs (£90 or thereabouts is the figure for a guilty plea). So it may cost you more if you have a decent income (I’ll let you do the sums). But MS90 is an endorsement code which gives insurers a fit of the vapours. One such endorsement will see your premiums double. Two of them will see many insurers refuse to quote you at all meaning you will have to approach "specialist" (aka extortionate) brokers. So you really want to exhaust every possibility of avoiding MS90s if you can. One warning: do not pay solicitors silly money to defend you. Making an SD before a solicitor should attract just a nominal sum (perhaps a tenner). That’s all you should pay for. You have no viable defence against the FtP charges and any solicitor suggesting you have is telling you porkies. The offer to do the deal is easily done by yourself and you can save the solicitor’s fees to put towards a few taxis and increased insurance premiums if you are unsuccessful. In the happy event you find out you were "dual charged", let me know and I'll tell you how to proceed. (Seems a bit odd hoping you were charged with four driving offences rather than two, but it's a funny old world!).    
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Wescot Credit Services


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Hey everyone,

 

Wescot have been sending letters to my old address (my parent's home) and hassling them over the phone. To calm my parents down, I rang Wescot up and gave them a new address to contact and told them not to call any more. When I was speaking to the gent on the phone he said the debt was for a loan taken out in 2004 which defaulted in 2005. I didn't make any payments or acknowledgement of the debt, just told him just to send a letter explaining the situation to the address I'd provided and that I'd take it from there.

 

What's the best way to deal with this? I'm not sure whether to ask for a credit agreement or a subject access request to find out when the last payment was made. As far as I understand, the timer on the statute barring begins from the last payment and I believe that would have happened already, or at the very least in the next couple of months.

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Welcome crimson, and hello to all 6 guests.

 

Crimson just sit tight till the dafties write to you, other than that ignore them, when you have comms from them let us know and we will assist.

 

Guten Nacht guests ( thats good night to you )

 

Cheers crimson

 

Mr W

Regards..Mr Worried :)

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Echoed. I have had personal dealings with these guys. I suggested a seriously tiny monthly repayment scheme via standing order with them about 5 years back, and in spite of their arrogance- they agreed to grant me 'the right' (!!!) to do this, even though they have no more 'right' to extend 'rights' to anyone than you or I do- they were no hassle from then on. They strike me as 'settlers' if you see what I mean. Now, in *your* case, it sounds very much a 'statute barred' kind of deal, ie not enforceable. A good route to go down would be to consider sending them a request to see the original consumer credit agreement. There are letter templates on the site, and hopefully someone more in the know than me can clarify things better. That said- compared to many DCAs out there, Wescot never struck me as bona fide nutjobs, and were mostly hassle free in my case. Can't imagine they'll be hammering anyone's doors down, so above all don't worry! Hope this helps in some way. :-)

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String it out as best you can. When they send their demand let them have aCCA request. That will stall them long enough to be sure of the SB. Make sure your letter is headed with I do no acknowledge......

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I got the letter today. I haven't got a scanner, so I'll just type it up.

 

****

 

FINAL NOTICE

Dear (me)

 

Despite previous correspondence a balance remains outstanding on the above account. Unless you make contact with us and agree repayment of (balance) within the next 10 days, collection activity will continue on the account. This may lead to:

 

  • A door step collector being instructed to visit your property to collect payment; or
  • Court action being taken for repayment of the outstanding balance. If legal proceedings are issued and a Judgement or Decree is obtained against you, court fees and legal costs could increase the amount you owe.

 

Call us now on (number) to discuss repayment of this debt. Details of the different ways you can pay are given on the back of this letter.

 

PAYMENT DUE BEFORE: 28th March 2011

 

****

 

So I'm guessing this is meant to terrify me out my wits and scare me into paying without question (I'm certainly scared, I'll give them that), but this is the first time I've heard from them by letter and there has been no "previous correspondence" at all. Apparently they are acting on behalf of Arrow Global Ltd, which Google tells me is a debt purchasing company, and not the original creditor.

 

I went back and looked at my timeline and I'm pretty sure that I didn't make any payments (and definitely no written acknowledgements) since December 2004, as I had lost my job and couldn't pay my rent, let alone anything else. Should I just send them the statute barred letter straight off the bat and be done with it?

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Crimson Hi,have you had a look at your credit file? As 6 years have expired it should not show the debt in question unless Westcot or Arrow have been making doubtful additions.

 

You need to be sure about the dates before going for Statute Barred letter as date wise its very close,to the 6years

 

Their Final Notice Letter is pretty standard.May I suggest you write to them and state you have no knowledge of the debt,perhaps they would like to send you a copy of the agreement,and also confirm who Arrow Global is,as you have no idea who they are, dont send any money by way of a fee,as it will appear as payment

 

good luck FS

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Crimson Hi,have you had a look at your credit file? As 6 years have expired it should not show the debt in question unless Westcot or Arrow have been making doubtful additions.

 

You need to be sure about the dates before going for Statute Barred letter as date wise its very close,to the 6years

 

Their Final Notice Letter is pretty standard.May I suggest you write to them and state you have no knowledge of the debt,perhaps they would like to send you a copy of the agreement,and also confirm who Arrow Global is,as you have no idea who they are, dont send any money by way of a fee,as it will appear as payment

 

good luck FS....sorry entered twice

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pers knowing wetcloths they are just chancing their arm they have found a mug

arrow global are just another DCA, wetcloths often use this tactic to give their threat-o-grams an air of officialdomness

 

pers id ignore them

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi! bit of inside info for you..........when they next contact you just tell them the acc is in fact SB and you will not be deling with them. working for them I know this is enough fo them to get the acc withdrawn if the information they hold does not show any payments or writen corespondance accepting liabilty x

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Honestly, I think it might have been me checking my credit report that brought me to their attention in the first place. There are no defaults at all on my record and I've had no problem getting credit for a couple of things recently. I found this statue barred template ( debtquestions.co.uk/debt_forum/viewtopic.php?t=19030 ), which seems to say that unless they can provide proof that the debt isn't barred, they need to stop contacting me. I'm just worried that sending this would constitute acknowledgement (even though it quite clearly says multiple times that the debt is not acknowledged) if the time has not yet run out.

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They can still atempt to collect the debt but 99.9% of the time will write off as its a waste of time and money trying to collect as no action can be taken and it can no longer make an impact on your credit file (explaining why you are not having any propblem gaining credit)

to be honest most that work with wescot are normal average people like myself doing the best we can to support our familys and do understand and apreciate peoples situation and its not money you personaly owe us and dispite of what people may think wescot staff do not work on commision bassed and bonous are not actualy based on collections but on our call content and quality so it actualy benafits the advisor more to give you correct relavant info x

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pigs fly as well

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I do suffer form dyslexia and did not think a place like this forum would be so discrimanating :???:

 

In that case will you please accept my sincere apologies, :sorry: it was only meant as a dig as I assumed from one of your posts you worked for Westcot Debt Collectors.

 

You are right, the vast majority of people on here are extremely helpful and kind to everyone.

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CrimsonB my page8 of your thread,last paragraph,just a simple letter without paying any fee.."no knowledge of the debt perhaps they would like to send you a copy of the agreement,and who is Arrow Global.

 

See what this produces,or just ignore them(dx100k) they are just chancing their arm

 

Regards FS

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So something like this one? Should I send it recorded, so that I have proof they received it, in case they keep sending demand letters with no proof being offered that it is actually a debt that belongs to me?

 

****

 

My Address

My Postcode

The Date

 

Their Address

Their Postcode

 

Dear Sir/Madam,

 

Reference Number: 123456789

 

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

 

I would point out that I have no knowledge of any such debt being owed to Arrow Global Ltd.

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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 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. AND 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 would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

(me)

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