WESCOT DEBT COLLECTION - Urgent Help Please

[bagultrait]

Hi

 

I recently contacted Wescot Collection agency asking them for proof of the debt that I owe. They replied asking for my Date of Birth and my previous address in order for them to get the information due to the Date Protection Act? Shouldn't they already have this information on their system? I feel like they should and don't want to pass on any information that will put them in a position of power. They have given me until the 2nd of March to provide the information.

 

I've had a look round the forums and can't find anything that states if I should or not. Any help would be much appreciated.

 

Heres a copy of the letter I sent them for further reference

 

Hope someone can help.

Thankyou

 

bagultrait

 

 

To Whom It May Concern:

 

I am sending this letter to you in response to a notice I received from you dated 07/02/2012. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

 

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

 

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account;

• Show me that you are licensed to collect in my state; and

• Provide me with your license numbers and Registered Agent.

 

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

 

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

 

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

 

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

 

Best Regards,

 

Me

[jobmid]

make sure to add on the letter i do not acknowledge any debt to your company it needs to be on bold at the top

[sillygirl1]

The current phrasing is

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOUR COMPANY/CLIENTS/ASSOCIATES/AFILLIATES.

 

Can I ask why you are quoting an AMERICAN act which is not relevant to this country at all. I do hope you have NOT sent that missive, it is completely wrong.

 

A complaint to Trading Standards is in order as Westcot aren't supposed to ask for further information - it is for THEM to prove you own them, not YOU to prove you are not the person they are looking for.

 

Mistracing is rife in the DCA 'industry'. Westcot are known as Wetcloths on this form..

Edited February 27, 2012 by sillygirl1

[ScarletPimpernel]

Rather than quoting US legislation, it would have been better to use the OFT Guidance to challenge them. In particular, you could have pointed out that pursuing someone when not certain that they are the debtor is an unfair practice; asking for your DOB and previous addresses indicates that they are not sure of your identity, so they shouldn't be demanding money.

[cerberusalert]

That letter will go right over their heads anyway, they're not the brightest bulb on Percy Street.

[bagultrait]

Thankyou. Massive mistake quoting an American act. I obviously referenced letters from an american debt collection help site.

 

To my next letter I shall add

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOUR COMPANY/CLIENTS/ASSOCIATES/AFILLIATES

 

So I should now send them a letter stating it is unfair practice to ask for my DOB and address within OFT Guidance. Are there any template letters relevant to this on the site?

 

Thanks again for the help

[PGH7447]

judging by the wording in the post the OP has already sent this

[cerberusalert]

Thankyou. Massive mistake quoting an American act. I obviously referenced letters from an american debt collection help site.

 

To my next letter I shall add

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT TO YOUR COMPANY/CLIENTS/ASSOCIATES/AFILLIATES

 

So I should now send them a letter stating it is unfair practice to ask for my DOB and address within OFT Guidance. Are there any template letters relevant to this on the site?

 

Thanks again for the help

 

if you've already sent the letter you may as well see what they come up with.

[bagultrait]

Hi again

 

Sorry, I don't think I've explained my story very well so I'll start again

 

I received a letter from Wescot stating they had been instructed by their client to collect a debt off me.

 

 

 

They wrote back to me asking for my date of birth and my previous address in order for them to not breach the Date Protection Act and continue with my enquiry. They state they require the information by March 2nd.

 

I am now wondering if I should reply giving them my DOB and previous address. It seems to be that they need this information to pin the debt on me, rather than aid with the enquiry into proving the debt is actually mine?

Should I now send them a letter stating it is unfair practice to ask for my DOB and address within OFT Guidance? and if so could someone point me in the direction of the relevant information/template letter that I will need to send

 

Thankyou again

Edited November 8, 2015 by Andyorch
Letter removed as not applicable to UK

[cerberusalert]

As has already been stated above they are fishing. According to OFT guidelines in order to pursue a debt they must be certain that the person they are chasing is in fact the debtor. It is not your responsibility to produce any information to prove that they have the right person.

 

Personally I would tell them in no uncertain terms to either put up or shut up & then make a complaint to trading standards of their breach of guidelines.

 

You can do it online through http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Send this to wetcloths http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[bagultrait]

Thankyou cerberusalert.

 

I'll send them a letter stating its not my responsibility to provide information on a debtor and that I will be contacting trading standards.

 

We'll see how it goes

[BiscuitAndCrips]

I'm in a similar situation. I will try the same letter

[citizenB]

I'm in a similar situation. I will try the same letter

 

I suggest you look at the letters in the library before you use any draft from the public forums that are so old !

 

This thread is 3 years old and there have been a few changes to Debt Collection and the Consumer Credit Act in that time.

 

I also notice that some of the information contained in the drafts posted would only be valid in the USA ?

 

 

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

 

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

 

[dx100uk]

 

God no don't send that letter....

 

Why not start a new thread

Of you own

 

And tell us all about the debt

 

Might be best to do nowt..rather than invite letter tennis

With a powerless dca

They are not baillifs

 

Dx