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reply to statue barred letter from Westcot re HSBC debt


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Hi

 

help required.

I have just received from Westcot a letter stating that my statue barred letter to them is NOT statue barred due to the fact that their client (HSBC) have advised that a payment of £1 was received in January 2011 and a payment of £10 was received in August 2007. I can confirm that I never made any payment of £1 or £10. There is no way I would pay £11 and ruin my statue barred case.

I need advise on what to respond to Westcot.

 

I have checked my file and records and find NO letters confirming any payment for the years from 2003 to present.

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Tell them you want proof of payment including method of payment.

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Moved to the Debt Collection Forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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As Cerbs says, tell them that you want written proof, but also in your letter, state that you'll request statements from your bank in order to verify their claims. I presume the £1 payment was for a CCA request? If so, then you'll have probably stated in your accompanying letter that the payment was only to satisfy the standard fee for such request and must not be used to offset alleged monies owed.

 

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You need to request the date, time, place and method of payment. Keep the letter short and to the point - along the lines of "I refer to your letter dated XXX advising that payments were made on the account you allege I owe. As I have no knowledge of these payments please supply the following information:

 

1. Date(s) of payment(s)

2. Time(s) of payments (s)

3. Place (s) of payment (s)

4. Method (s) of payment (s)

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have you made requests for a Subject Access Request - £10.00 and a CCA request - £1.00 !

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

Is there an update on this please :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi citizenbI have just this week replied back to Wescot.In their letter back to me they state that their client can confirm that £1 was paid into my alleged account in January 2010 thus removing the statue barred. they also stated in a letter dated June (approx)( I am in my local library at the moment with no paperwork with me for exact time and dates) a £10 was paid into my account.I wrote in my letter (this week) that they Wescot have failed in their duty to supply me with all the details I have asked and that I beleive that I had in the past asked for CCA request (£1) and a SAR (£10) and these amounts of monies must not be used to offset monies owed.Lets see what this brings.

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They need to give you the date, time and method of payment for each of those alleged payments on your account. It is obvious that the £1 is the CCA request and the £10 is the SAR - did you ever receive the CCA & SAR? Also, did you keep copies of the letters you sent requesting them?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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HiI have recently moved house and destroyed a lot of paperwork because I cannot find anything regarding CCA request or SAR for this.I have know a little about the statue barred for quite awhile and would not in a million years paid anything off this account which has had dormant for years since 2001/2

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even if you had paid in 2010 it would still be SB if you had not paid anything since 2001/2 as there was 6 years of no acknowledgment and would have been SB in 2007/2008.

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Did you ever receive the CCA or SAR that you requested ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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They know damn fool well that those amounts are the legal fees for both the CCA and SAR . that aside, as twoman has pointed out.. it was statute barred previously to your sending those requests :lol: The twits.. nothing can unbar a statute barred account .. sigh.. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Report them not only to the OFT&TS but to the media/press and your local MP, this is beyond a Joke, what they are doing is tantamount to fraud, maybe a little reminder of what they are actually saying to you is evidence of this and you will be only too happy to see them in court to discuss their fine.

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