Wescot Statute Barred Problems

[gazleic999]

Hi Guys

 

I have had great advice before on this site when dealing with Capquest and now I am experiencing a similar problem with Wescot.

Story is 7-8 years ago I stopted paying my credit commitments and heard nothing for 6-7 years. I had a battle with capquest but other than that the statute barred letter worked for all the other creditors.

Recently Wescot has come out of the woodwork, the last debt I had not heard from. The others contacted me year to year and a half ago. I sent the standard statute barred letter with Without Predjudice, Etc Etc.

I know I have not paid anything for within the six year period.

 

I received a reply from Wescot

___________________________________________________________

Stating that a payment for £20 was paid on 28/11/2005 and therefore the account does not qualify as being statute barred.

The letter then goes on to quote section s29 (5) and (6) Limitation Act 1980 which states that the limitation period can be restarted by an acknowledgement or part payment.

The letter then asks me to complete a claim form which was not enclosed within 14 days of receipt or judgement in default may be entered against me.

 

No proof of payment was enclosed or any other further details

________________________________________________________________

I know I have not made this payment, I never even had a bank account at that time and I never received any letters/ calls from them.

 

What should I do??

Have I restarted the clock by sending the statute barred letter? in 4 days it will be the 6 year mark according to them.

 

What should I write back, I know its best not to write anything before 29/11/2011.

 

I don't fancy having a letter battle like I did with Capquest, is there a final letter I can send and then just ignore them unless they are stupid enough to try to go to the courts.

 

Thanks

[kurvaface]

I think it is a common tactic by DCAs to Bluff people into believing they have restarted the clock by supposedly acknowledging a debt.

 

I suggest you take four or five days to very carefully consider your position and then resend the statute barred letter along with a notification that you will be reporting the matter to trading standards. A foolish person would rush:wink:

[dx100uk]

even so it will be the 28th nov SB'ed

they'll NEVER get a court order in 4 days

 

ignore the muppets.

 

check your CRA file too.

 

dx

[cerberusalert]

I know I have not made this payment, I never even had a bank account at that time and I never received any letters/ calls from them.

They are beginning to do this a lot lately, they are trying to CONvince people that a payment has been made within the limitation period. The onus is on them to prove when & how a payment was made.

 

They've been kind enough to give you 14 days to respond & by their dubious calculations it will be SB in 4 days in any case. If they continue to pursue complain to Hull Trading Standards. http://www.hullcc.gov.uk/portal/page?_dad=portal&_pageid=221,52380&_schema=PORTAL

[brokebutnotbeatn]

My understanding is depending on the T&Cs it may be a couple of months after the last payment date that a debt is deemed to have defaulted. It will at the very least be a month after the last payment date. however, you are clear that you did not make this payment so I would put them to strict proof of this. But wait as long as you can before you write as they may well not contact you again!

[BRIGADIER2JCS]

The date is the date of the last delinquent payment for

the start of the the six year clock eg., payment made Nov.25th no further

payment made last delinquent Dec, 25th. clock starts.

Brig.

[paulwlton]

The date is the date of the last delinquent payment for

the start of the the six year clock eg., payment made Nov.25th no further

payment made last delinquent Dec, 25th. clock starts.

Brig.

 

I understand that in some cases the terms in the contact may determine when the clock starts ticking.

[dx100uk]

nope

no contact T&C can change SB rules

 

dx

[citizenB]

I seem to be posting this up a lot just lately

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[paulwlton]

nope

no contact T&C can change SB rules

 

dx

 

Contract terms are fact, the rules don't change.

 

Regards

[BRIGADIER2JCS]

Absolutely the missed payment date starts

the clock as long as there is no further payment

or acknowledgment of a debt, acknowledgment als

would have to have been in writting, telephone call

DO NOT restart the clock, but some chancers will

try to tell you the opposite.

Brig.