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      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
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wescot SPV/? claimform - old Golfish card ' *** Settled by Consent ***


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I have a CCJ claim which will be passed in 6-days for an old credit card debt which has been taken up by Wescot.

 

I understand that a bailiff can only gain entry to a property if either a door/window is left open or someone lets them in.

 

I live in a 2nd floor flat with its own front door. This door is accessed via communal areas from a separate door in the street which means that I would have to 'buzz' them in before they gain access to on my own front door (which I would not do.)

 

My question is: What if someone else in the block lets them through the street door? Does that count as entry to MY premises or would they still have to be let in through my own door to be seen to have affected an entry?

 

Also, I understood that they are not entitled to take/levy my car which is parked in the private car park. Is this correct?

 

Many thanks for reading this.

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Hello there.

 

I understand that a bailiff can only gain entry to a property if either a door/window is left open or someone lets them in.

 

That's correct, they have to gain entry peacefully

 

My question is: What if someone else in the block lets them through the street door? Does that count as entry to MY premises or would they still have to be let in through my own door to be seen to have affected an entry?

 

Your premises would start at your own actual front door, rather than the street door

 

Also, I understood that they are not entitled to take/levy my car which is parked in the private car park. Is this correct?

 

The bailiff would have to ascertain that the car belongs to you. You might want to hide it furtehr away for the time being.

 

Did you make an offer to pay the CCJ via instalments? You could consider making an application to the court to 'vary' the judgment. This may allow you a court order to pay the debt via affordable instalments. Whilst you keep up with these the bailiff's warrant would be suspended:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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slow down...

 

tell us the whole story please

 

what do you mean by passed in 6 days.

 

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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Many thanks for the quick reply. The CCJ has not been applied yet (the claim was issued on the 12th and I am still deciding what to do) I can't afford the £1320.00 asked for and, as I will have a CCJ against me anyway, I'm not sure whether I want to set up an installment plan or just not let anyone in and become 'moved away' so to speak.

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what is the org debt ?

 

are you SURE this isnot made of penalty charges/PPI that you can counter claim on.

 

as for the other CCJ - are you paying that?

were you aware of it?

 

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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You have a legal right to defend, and it is unusual for Westcot to go for a CCJ, what legal firm is involved as this can give us some vital information.

 

I would acknowledge the claim online and then go back later and add a defence, rather than just let it be given by default (which IMHO should be completely scrapped).

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This is my own fault because I have, to my shame, 'ducked & dived' various creditors for the past 5-years by effectively being seen to be living elsewhere.

 

However, albeit that the other creditors seem to have stopped chasing

I have now received a claim form from Northampton bulk with the issue date 12 Jan 2012.

Claiment is Wescot SPV Ltd who bought my debt from Goldfish.

 

So, to date I have no CCJ.

 

I can't afford to pay the whole amount and avoid a CCJ so, as I am going to get a CCJ regardless of what I do, my options seem to be:

Respond with a form N9A and try to get a low monthly installment. Or, do not respond, move to another address for a while until the bailiffs are convinced that I am not here.

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when was YOUR last financial transaction on the card?

have you checked this debt shows on your CRA file?

 

this COULD be statute barred thus a very easy 'win'

 

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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No, acknowledge the claim as instructed, and the amount they are claiming can easily be dealt with. It does not cost you anything to defend a claim.

 

Get on line now and do the acknowledgement and we can do a defence, odds on Westcot will not have the correct paperwork (next stage is to CPR them) and will discontinue.

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When was the last payment or admission of owing the debt in writing made on this account ?

 

Could it be statute barred ?

 

If not SB'd, it is possible to offer Wescott a full and final settlement of the debt, for them to withdraw the claim ? If you could only afford to repay at say £10 per month, Wescott might prefer the offer of a lump sum to get shot of the account.

We could do with some help from you.

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Many thanks to all.

 

In response to dx100uk: My last payment to Wescot was in May 2006 so, unfortunately, it's not SB'd.

 

In response to: unclebulgaria67: I have no lump sum to offer and am living in a 'hand to mouth' situation at the moment.

 

In response to sillygirl1: My concern is that I do owe the original sum to Goldfish so, what would be my defence? However, I am game, if there is a way to win because they have not done things right? For example, I have no record of a default notice.

Edited by stubumbles
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Cancel the message below about the defence pack pass ... I found it.

 

Hmm ... Trying to do the acknowledgement with MoneyClaimOnline but it states: To respond to a claim online, enter your claim number and defence pack password below. You'll find them both in your 'response pack' that's been sent to you in the post.

 

The problem is that there is no Defence Pack Password on the claim form?

Edited by stubumbles
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You are not entering a defence you are acknowledging the claim, you might find the defence pack password somewhere, if not then phone Northampton and ask for their help.

 

You do have a defence, that you do not acknowledge any of the proven illegal charges, PPI, added interest etc etc etc, just because you borrowed the money does not mean it is still enforceable via court.

 

Please answer the vital question, when did you last make a payment onto this card... you might find it is statute barred which is a complete defence in itself.

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The payment to Westcot does not count as a payment by you if it was made under duress, which can be proven easily, so it IS Statute barred as it is 6 years since the last payment on the actual account...

 

Are you sure a payment to Westcot does not count if they made it under duress ? Debt collection could automatically be considered duress, with the letters and phone calls. What would the extent of the duress have to be for the courts to accept this ? Any case law in this area that might help ? You did say it can be proven easily ! Only asking, as this might be useful to others.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Many thanks to all.

 

In response to dx100uk: My last payment to Wescot was in May 2006 so, unfortunately, it's not SB'd.

 

.

 

whem was your last payment on the CARD not a spoofing DCA

the OC when they had it?

wheh was tis card first taken out?

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 have stated over and over again that I cannot cite case law, I do not have access to that information. There is plenty of case law here on this site in the bank forum.

 

One would assume Carey v HSBC would come into play here over the unfair terms and charges on the account, as well as Wilson v Hursthanger and other well cited cases.

 

Also if the last payment was in 2006 why have Westcot now gone to court, what has happened in the intervening years? If they have not chased for a while and then gone to court it could be deemed unfair contact.

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It is easy to prove from the defendants side, the claimant has to prove that they have the right paperwork, as well as explain why they have waited so long to bring a court case against the defendant. The defendant can also request that the claimants institute bankruptcy as the amount being claimed would cover this - especially if they are in dire circumstances.

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Phew! Many thanks again, especially to sillygirl1:-) I have now acknowledged the claim. Below are the details I know of.

 

I believe that my last payments to the Goldfish Card were in 2001/2002 because they terminated their agreement with me and sold the account to Wescot at the end of 2002. I also assume this because Wescot are claiming interest @ 8% from 10/11/2002 to 11/1/2012.

 

I don't think there was any element of PPI because I had had that stopped as soon as I saw it on the statements.

 

(I'll dig through my files in the morning but I think I'd had the card for 2 or 3 years by then.)

 

I stopped paying Wescot for this debt (and 3 other debts that they had bought from other Cards but may have now sold on) in May 2006.

 

I moved from my home to a rented property in September 2006 and did not tell them where I had moved to, just that I was leaving and would contact them when I could. (This is what I meant by ducking & diving.:sad:)

 

I don't remember when they started to write to me at this address but I don’t think that I have acknowledged the debt or the fact that I'm living here. ( EDIT: I've not had a letter from them for at least 3-years to my knowledge?)

 

They say in a letter that arrived 2-days after the Claim, that they sent a letter dated 31st March 2007 informing me that if I did not make a full payment or an agreed acceptable plan that they would take legal proceedings and that they started these proceedings in Nov 2011 - I have no recollection of this letter or of any default notices.

 

Obviously, by acknowledging the claim I am effectively admitting that I live here but could still claim that someone else passed the letters on to another 'temporary' address.

 

My question now is ... Do I still have a defence? what do I need to mount a defence? Can I ask for paperwork from Wescot and then decide? If so, what should I ask for? All and any thoughts will be gratefully considered.

 

Sorry all. I've bumped this up because I still need to know what I should do next now that I have submitted the acknowledgement? Thanks for the help so far.

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You need to read up a bit on the Goldfish threads in the bank claims section, that will give you an idea of how to form a defence for this. I can't help that much as I don't do bank defences, you need to highlight the failings in communicating to you that the debt was purchased, the fact that the debt is nigh on statute barred (if not statute barred already), the claim for interest is wrong as they can only claim 6 years interest, not the amount they are claiming as it is NOT a debt under seal (as is a mortgage), six years interest is also questionable.... there are other more clued up posters on this area who would be able to help.

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Many thanks again - will do.

 

Sorry to be so dim ... where are the "Goldfish threads in the bank claims section" ... New to all this and need pointing in the right direction.

 

Hi Folks, another Ostrich who has 'Ducked & Dived' out of desperation and is now in need of help. (Sorry if this is a bit long.)

 

I recently received a claim form from Northampton bulk with the issue date 12 Jan 2012 and the Claimant is Wescot SPV Ltd who say they bought my debt from Goldfish apparently in 2002.

 

I stopped paying Wescot for this debt (and 3 other debts that they had bought from other Cards but may have now sold on) in May 2006 when I moved from my home to a rented property. I did not tell them where I had moved to, just that I was leaving and would contact them when I found a permanent address. (ducking & diving.sad.gif)

 

I don't remember when they started to write to me at this address but I don’t think that I have acknowledged the debt or the fact that I'm living here because I think I returned their letters as 'No longer at this address etc' but, in any event, I don't believe I've had a letter from them for at least 3-years?

 

I think that my last payments to Goldfish were in 2001/2002 because Wescot say that Goldfish terminated their agreement with me and sold the account to Wescot at the end of 2002. I also assume this because Wescot are claiming interestlink3.gif @ 8% from 10/11/2002 to 11/1/2012.

 

"Get on line now and do the acknowledgement and we can do a defence, odds on Westcot will not have the correct paperwork (next stage is to CPR them) and will discontinue."

 

I submitted an acknowledgement yesterday but I have no idea what a 'CPR' is or how to submit one? Next I was advised to mount a defence on the basis of the advice below:

 

"The payment to Westcot does not count as a payment by you if it was made under duress, which can be proven easily, so it IS statute barred as it is over 6-years since you paid Goldfish."

"Highlight failings in communicating to you that the debt was purchased. The fact that the debt is nigh on statute barred (if not statute barred already). The claim for interest is wrong as they can only claim 6-years interest, not the amount they are claiming as it is NOT a debt under seal (as is a mortgage (in fact, 6-years is questionable."

 

Obviously, by acknowledging the claim I am effectively admitting that I live here but could still claim that someone else passed the letters on to another 'temporary' address. 'Carry on Ducking & Diving'

 

My questions now are: Do I have a defence? If so, what do I need to mount a defence? Can I ask for paperwork from Wescot and then decide? If so, what should I ask for? What is a CPR & do I need it?

 

Many thanks for reading this ... All and any thoughts will be gratefully considered.

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The payment to Westcot does not count as a payment by you if it was made under duress, which can be proven easily, so it IS Statute barred as it is 6 years since the last payment on the actual account...

 

 

 

I'm sorry but duress is not a good argument. The definition of duress requires some threat of physical harm or an unlawful act. There is no suggestion from the OP that there is either of these.

 

On a side not, there is a fine line between needing genuine help with debt and blatant debt evasion. The OP is leaning towards the latter.

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Trying to decieve by claiming that passed the letters

on is not advisable.

You could send a CCA request to Westcott with the

£1 fee, use the template letter from the CAG library.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi folks, sorry to bump this up but I'm going to be too busy to do anything about it until Tuesday and desperately need answers (I'm beginning to wish I'd just admitted and settled by monthly installments tbh.) Can anyone point me in the right direction? I'm frantically reading all I can here but the jargon, sar's, cpr's etc is very confusing.

 

Re: Gannymede' comment: "On a side not, there is a fine line between needing genuine help with debt and blatant debt evasion. The OP is leaning towards the latter."

 

Thanks for making me feel even worse! I have had a decade of trying to negotiate payments legally and have only avoided out of desperation. If you read back through the thread, you will see that it started because I was resigned to having to deal with Bailiffs and in fact, I had said that I felt that I should just admit the debt and pay by installments.

 

However, I was persuaded to submit an acknowledgement (which I now regret) and to mount a defence because of a number of possible errors made by Wescot. However, I have now decided that receiving advice from people who later say they can't actually help in any depth and acting on it without proper guidence is stupid. so I am now going to admit and arrange payments by installments.

 

I'm aware from another thread that it may seem that I was trying to evade debt?

 

I have had a decade of trying to negotiate payments legally and have only avoided out of desperation. If you read back through the thread you will see that it started because I was resigned to having to deal with Bailiffs and in fact, I had said that I felt that I should just admit the debt and pay by installments.

 

However, I was persuaded to submit an acknowledgement (which I now regret) and to mount a defence because of a number of possible errors made by Wescot.

 

 

However, I have now decided that receiving advice from people who later say they can't actually help in any depth and acting on it without proper guidence is stupid. so I am now going to admit and arrange payments by instalments.

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