wescot .please help

[maggie]

i have been paying wescot £40.00 per month for a debt with studio cards.i have been ill in bed for the last 2 weeks with pluerisy. I have now had a written request from my G.P. ,to have an x-ray of my lungs next Monday,as i worked with asbestos in a factory ,when i was younger,for nearly 10 yrs.I received a very rude call from a lady at wescott,asking where this months payment was,at is is late.I explained i had been very ill,but she became very abusive,and after a lot of sharp comments ,and me trying to explain.that it had slipped my mind,as i have been extremely worried about my health,and offered to pay the £40.00 to her 2 days later,she told me that she would not accept it,as this is the second time ,my payment had been late,and informed me that i must pay the full amount of over £600.00 by the end of September.I told her this was impossible,as what did she expect me to do,get blood out of a stone,but she repeated that it must be paid by the end of this month,or i will be taken to court and i will be liable for all costs.She then slammed the phone down on me.

This morning,i received a letter from Wescot,stating that i had agreed to pay the full amount during our telephone conversation,by the 30/09/06.it goes on that i must honour this agreement,or they will have no alternative ,but to consider legal action for recovery of the balance.

I made NO such agreement with this rude person,to pay the full balance by the end of the month,so the above ,short ,letter i received from them,is a downright,out and out lie.

As it was,when the woman from Wescot began to speak to me very rudely,a friend that happened to be at my house that day,saw that i was very upset,and listened to the conversation .She is a witness that i did not make any agreement to pay the full balance.

I am not ,at this moment,in very good health,and this is causing me a lot of worry .

Please would somebody help me,or advise me on my next step.

please,please ,please.as i am finding this threat,extremely upsetting

p.s. part of this amount are administration charges.I am not trying to get out of paying what i owe,but it is impossible for me to pay the full amount,even though,i did not agree that i would do so.

[lisamellor]

hiya there,

 

well wescor arent being very nice are they. it is horrible for you to have to go through this. i would send them a letter asking for a transcript of the call. also i would send a dpa/sar of notes on your account etc. if most of this debt is made up of charges then you should be able to claim them back. dont worry i am sure that someone with a lot more knowledge will come along soon and give you answers that are better than mine.

 

hope you get better soon.

 

and i know its hard to but try not to worry about it, while you are in bed there is nothing that you can do. you are meant to be resting and getting better so do it.

 

lisaxx

[maggie]

thanks lisa ,for your kind reply,bit i am unable to rest,as i am too worried and upset. .If someone would be so kind as to help me compose some sort of reply to them,and set me on the right track on how to handle this situation,i would be extremely grateful.sorry for seeming to be whining a little,but i am very,very ,stressed and upset over thi,and i don,t feel well enough to handle this on my own.

[lisamellor]

hi maggie,

 

as much as i would love to help you more i am unable to do so.

 

i have had a look around and have found this thread which has letters for you to send to them. seeing as they refused your payment there should be something here for you to send them.

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

have a good look through to see which best suits your needs and change it around a little to suit the circumstances.

 

good luck lisax

[kellyplanet]

Have you tried asking for the CCA agreement. This would put a hold on the account as it would be in dispute. There are loads of threads about the CCA agreement and it is letter N in the templates.

 

I totally sympathise with you I am about to commence my own battle with Westcot. They want £100 per month and I am a Student Nurse living on a bursary of £550 per month. Its a shame that I am obliged to provide medical care because if some of the customer advisers were needing treatment I would walk on by!!!!!!!

[mutzi]

Complain to trading standards. You told them you were seriously ill and they become abusive, threatening and have started making up agreements.

 

In the very unlikely event the do take action against you a judge will politely tell them where to go. They might gamble on the fact that your too ill to defend it but someone else can represent you if you inform them of the facts.

 

The Data Protection and CCA requests are a good idea, it'll delay them at the very minimum, get rid of them completely if they can't find the paperwork. You can also claim any charges back. Here's the CCA template from http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html#post162367

 

Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

 

 

1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

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

 

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

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We 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.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

Plus it would be a good idea to refuse to deal with them over the phone from now on. Get the number(s0 blocked and everything in writing. It'll give you time to think, get advice and proof of their underhandedness should you need it later.

 

Just remember they have no real power over you and concentrate on getting better

[maggie]

thank you all very much.i will post that letter off today.I am very sorry that i was unable to reply to this post last night,as i didn,t feel at all well,and went off to bed.Do you think that i should also send a letter telling them that my friend heard the conversation between their rude advisor and myself?as well as ask for the transcript of the conversation as lisa advised.

About the charges,do i ask Wescot for them,or Studio Cards?.I am so sorry to be such a pain asking all these questions.I haven,t slept at all,worrying about this.

Thanks Maggie

[lisamellor]

mornin maggie,

 

i would just send the letter asking for the credit agreement.

see what happens there.

 

if they send you the copy of agreement we'll see what to do when it comes.

 

just send that letter off for now!

 

good luck

lisaxx

[maggie]

thanks lisa.I will send it this morning.Hope it will delay things for a little while,as lately i think that i just cannot cope with anything else ,everything seems to be getting too much for me,and i am unable to sleep due to worrying over everything.

I will let you know what happens.Will you be so kind as to check up on this thread now and again to offer me any further help if i need it ,please.

maggiex

[maggie]

Thanks very much for your advice too,mutzi.I think I will send a letter to trading standards as you suggested.I need all the help i can get on this problem.I sent them a financial breakdown months ago,as i only receive £94.00 per week,and most of this goes to paying off my debts at the moment.I would be grateful if you would check up on this thread now and again,and to the kind nurse (sorry i forgot your name)please let me know how you get on too.

maggiex

[alibobsy]

Might also be worth putting in your letter that you felt the call was intimatatory and because of it you insist they no longer contact you by phone, only in writing. We have done this and rarely get calls now from any companies. Mind you am in discussion with barclays about charges at mo and they rang to confirm they would no longer be ringing as per my request? lol. I went down the route of asking for the original agreement with wescot, plus I asked for a statement of payments and outstanding balance on the account. They obviously couldn't produce them as they wrote back to say it had been referred back to the original company. I believe we repaid all the outstanding most of which was charges, but that is one to chase up after we finish chasing the bank and our current card accounts we hold.

Feel better soon

ali

[Guest S J]

From what I understand of Studio Cards' dealings...their agreements were unenforceable. Why waste time with delaying tactics when you can reverse the situation, as long as you dont mind suffering some damage to your credit reference, which may not be any worse than it already is.

 

The main issue would be whether there is a signed agreement containing all the prescribed terms. If you are sure that no agreement has ever been signed then invite them to take you to court, or you may yourself take action for a declaration of enforceability of the agreement.

[lisamellor]

hi there,

 

if you have any problems you can always pm (private message) me.

 

as i said before there is only so much i can do, but i know when you are feeling unwell things can seem worse anyway. especially worrying about it doesnt lessen the problem.

 

rest assured you are in the right place now, and things will get sorted out one way or another.

 

i would look around the site and see what you can find. there is so much info on, and knowledge is power and when you see that there is a light at the end of the tunnel you will also start to feel a lot better.

 

best wishes

lisax

[Rich44]

add on to that letter that as per the wireless telegraphy act 1949 you require all further communications from them to be in writing, from receipt of this letter any attempt to contact me by telephone will result in breaking the law and WILL be reported to the police or something along those lines

[maggie]

ok.I have written the above letter posted by mutzi,but also added the following.=

I request that you cease and desist contacting me by telephone.All further correspondence be in writing.I am familiar with the terms of section 40 of the Administration of Justice Act.ignoring or disregarding debtors legitimate wishes in respect of when and where to contact them.

If you continue to contact me by telephone ,you will be in breach of the wireless and Telegraphy Act (1949)and i will take action on this.

with reference to the telephone call on the blah,blah,between one of your operatives and myself,i would like a transcript of this conversation,as i made no mention or made ANY AGREEMENT to pay the outstanding balance of £6--.by the 30/09/06(reference to your letter dated the 15/09/06

 

do you think this is ok.

thanks maggie.

[bfb]

ask for everything to be in writing

if they phone do not provide name or address or information

do not talk to them on the phone

[kellyplanet]

I wish you the best of luck I will keep in contact about my case with Wescot too. We can become the Westcot Whackers!

[maggie]

thanks to bfb,rich 44,and yes kelly planet too.sorry i haven,t replied sooner as i have just woken up from a sleep in my chair.I feel so damn ill all the time.i am annoyed with myself,as i have always been a strong ,fit person,although i am nearly 53 yrs old,i have always been active.thank you all.It,s so nice to have shoulders to lean on.

i still have to sort out charges with my bank,but i just haven,t felt up to it.

one problem at a time i guess.

and yes kellyplanet,with all this encouragement ,we will whack them.

maggie

[judi3]

hi just wanted to reassure you that ive sent of the template for a signed credit aggreement .

we received a lovely letter from them today with my po of a £1.

 

I refer to your letter dated 15 june 06

as i am sure you will appreciate,Wescot acted in good faith based in this matter on the data provided by our client who forwarded details to us for collection .As we only administer the account on behalf we do not hold detailed information with regarding this account acount,however our client has contacted Wescot and informed us that a copy of the opening agreement is not available at this time .

The account has been closed on Wescot 's system and a copy of your complaint letter forwarded to our client the orrid lloyds .accordingly ,i return your payment for the supply of acc docs YOU SHOULD RECIEVE NO FURTHER CORRESPONDENCE IN RESPECT OF THIS ACCOUNT FROM Wescot

i hope this clarifies the matter to and concludes Wescot's involvement your satisfaction

 

the b****ds have made our life hell i know what your are going through follow the procedure they are quaking in there boots ,and they dont scare me know i even look forward for the post to come now .

 

send the letters refuse to action until they comply

may the cag site be with you !

[maggie]

oh thank you very much candoplumbing for your post.i do hope i will have the same reply.but knowing my luck???????

but i am determined to post letter by recorded delivery tomorrow morning.

you have given me hope.

thanks very much

maggie

i will post any reply,if any,i receive from them.

[lisamellor]

check out these threads they may be of use to some of you

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

this thread was started by alanfromderby. fantastic man, got a lot of good info from him

 

http://www.consumeractiongroup.co.uk/forum/hfc-household/5952-alanfromderby-hfc-cca-1974-a.html

 

 

look at this thread

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/31446-no-cca-no-debt.html

 

you will not loose anything by taking a look at them.

 

best of luck all!

lisaxx

[Mairi]

Hi Maggie

SJ in post 12 mentioned damage to your credit file. This has also been covered by Surlybonds, see this thread

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html?highlight=SomePostalCode

 

How cool is that?

I sent this to vertbaudet,(account was closed 2 years ago) week later i got a call at 7pm from a v nice lady. She was shaking in her shoes, and said we've received a letter from you can you tell me what it is you want, (i thought it was obvious), i said i want you to remove my data from the credit file. She said sure thing no probs, will send you letter confirming this.This letter is a gem if your file, like mine is a mess.

Surlybonds is a star.

mairi

[cariad mo brwydrwr]

Which letter did you send Mairi, the first or second? And is it only the one company you sent it to or more?

 

Thanks

[Mairi]

Hi Lucy

it was the 2nd letter i sent, to 2 companies, havn't heard from the other yet. This is another thread that s bonds had posted the letter on previously (Post 14). It may explain things a little better.

 

http://www.consumeractiongroup.co.uk/forum/legalities/20118-default-hell.html?highlight=surlybonds

 

Mairi

[cariad mo brwydrwr]

Cheers Mairi.... yep, spent days reading that one... and still think I need to go over it again!! Just want to make sure I have all the facts straight before I start taking any sort of action.

 

I do hope your other letter has another positive response for you