Jump to content


backdoor wescots CCJ - littlewoods account - cropped up againt old address.


jo5ephedward5
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2941 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

In the constant strive for better financial health

I have recently applied for my credit file from the 3 agencies

– there were lots of mistakes with falsely linked addressed and such that I have now had corrected

and other than a long standing issue with Santander which I’ve covered in the relevant section it wasn’t looking too bad…except:

 

On my Call credit file and no others there is a CCJ registered against my old address in November 2011,

I moved out of that address in September 2011 and I had never received anything in the mail.

 

The file only has the date it was issued the amount owed (approx. £1400) the fact it went thought the notorious Northampton Bulk Centre and a case number.

 

I contacted Call Credit [via Noodle] to find out who has files the CCJ as I have [genuinely] no idea what this is for.

They responded saying that they only saw the same information as I do

and that a report from trustonline would provide me with some more information.

 

I went to trustonline and paid £4 which said nothing was registered against my name,

this was followed by me realising I needed to put in my old address as they don’t link records

– another £4 later and the report is word for word what the Call Credit Report says

– it cost me £8 to get no extra information!

 

am I right in thinking I’ve go no choice but to call Northampton and probably be on hold for 3 days to find out more information?

 

And does any one know if they will provide this over the phone?

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

  • Replies 70
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes that's the only way round it unless you check Experian and or Equifax which are usually far more up to date than CC/Noddle.

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:

Link to post
Share on other sites

It is odd that it is recorded that recently I was wondering if an earlier judgement has been ''updated'' some how.

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:

Link to post
Share on other sites

Ok well after 55mins on hold and 28 places in the queue the lovely chaps at Northants Bulk Centre have informed me the CCJ is from Westcott for a Littlewoods account – they have managed to give me an account number for the alleged Littlewoods account, but they had no contact details for Westcott which is odd.

I think I had a Littlewoods account years ago but I can’t say that I remember having an outstanding balance – in fact I think it only had a limit of about £200 – it was so long ago that I don’t recall.

 

Can someone walk me through my next moves please.

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

Hi, Please refresh my memory, does this show on credit reference files, when was the last payment or written acknowledgment made on this account.

Call credit is not as accurate as Equifaxand Experian we need to know when the account was defaulted as well, so a SAR to the original

creditor is now neeeded asap.

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:

Link to post
Share on other sites

The CCJ is dated Nov 2011, I noticed it a couple of weeks ago when I got a copy of my credit files.

And it only shows on Call Credit file, I’ve never made any acknowledgement to Westcott nor have I received any letters off them – I only lived at the address the CCJ is against for 6 months and we didn’t really have much mail as the utilities were inc. in the rent.

 

With this in mind I’d say I’ve never acknowledged the account as I’m not wholly sure it exists! – if it was a Littlewoods catalogue I had years ago its almost certainly Statute Barred but as I said I really don’t know if there was an outstanding balance to pay.

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

What we need to establish is was this statute barred before the action was started, so SAR to Littlewoods definitely needed.

Also get a copy of the original court papers.

 

Then we can go futher.

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:

Link to post
Share on other sites

Damn, I guess I should have asked the courts for a copy of the paperwork - can I write to the courts and request it as spending hours on the phone is really not viable during work hours.

 

I'll have a look through my old paperwork and see if I can find anything about this as I normally keep things.

 

Do Littlewoods still exist? - I'm being lazy I'll do some research.

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

right spend another good half hour on the line to the court - copy of the paper work is on its way, cost me £5 for the privilege which really pleased me.

 

Will update once I know more.

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

OK I've got my copy of the claim from the court which says:

 

Particulars of claim

 

The claim is £1040.00 being monies owing to the Claimant

in respect to goods provided by Littlewoods to the Defendant under account number XXXXXX.

The agreement was terminated due to the Defendant failed to maintain the agreed terms.

In accordance with the pre-action protocols the Claimant has attempted to contact the Defendant and agree a repayment plan.

The Defendant failed to respond or maintain a suitable agreement.

Littlewoods has sold and assigned all rights, title and interest, under this agreement to Westcot SPV Limited.

And the Claimant claims interest pursuant to section 69 of the County Court Act 1984

at the rate of 8% per annum from 21/02/2009 to 29/09/2011

totaling 216.33 and thereafter at a daily rate of 0.23 to date of Judgment or sooner.

 

 

and yes its word for word written that badly!

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

  • 2 weeks later...

So before I sent off £10 for a SAR I wanted to get a simple response from Littlewoods to see if an account existed...

 

according to their rubbish response it did so I will be sending a SAR tomorrow via recorded delivery.

 

their letter says: [from Shop Direct]

 

Dear XXX

 

This account was legally assigned to Westcot. Notice of the assignment was given to you by letter. As such, any further communications and payments regarding this account must now be addressed to Westcot, The March, Jarrett Street, Hull, HU2 8HF

 

Your letter dated 25/9/12 has been forwarded to Westcot, as the actions you described were carried out by them after they had purchased the account from Shop Direct.

 

Yours Sincerely

 

Jon Hartley

Debt Sale Team

 

 

So the they've now stirred up Westcot which really upsets me as what ever this account is they will now be chasing in a matter of days I assume!

 

So my SAR will be sent off tomorrow but I am now expecting a battle.

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

  • 2 weeks later...

Right chaps,

 

I've sent my SAR off to Shop Direct [maybe 5 days ago?] however as promised shop direct have obviously forwarded my correspondence to Westcot...

 

...and today I got an interesting letter from Westcot, this isn't there usual letter with big red abusive titles threatening action etc, but a 'proper' letter on reasonably good quality paper with the Wettest logo in raised ink, any way I digress it says:

 

Dear Mr E,

 

Client Ref; [Littlewoods Account Number]

Westcot Debt Number: XXXX

Client: Westcot - Littlewoods

Balance: £1429.26

 

We refer to your recent communication requesting further details of the account.

 

We can confirm a County Court judgement was registered against you in default on 25/10/2011 for £1439.26. This Judgement was entered at [old address]. [Old address] was the most recent address we held for you at that point.

 

The Littlewoods account this relates to was initially opened at the address of [an address that I've not lived at for 7/8 years]. The account was purchases by Westcot Credit Services in 2005 with your Date of Birth confirmed as XX/XX/XXXX.

 

Please contact us on 0844 824 1158 as soon as possible to arrange repayment of the above account.

 

Yours Sincerely

 

Westcot Credit Services

 

[its actually signed with a genuine blue pen and everything, although I very much doubt anyone has 'Westcot' as a first name let alone 'Services' as a last!]

 

So to surmise - it has to have been Statute Barred when then applied for a CCJ as it was already 6 years old? This is very frustrating as it's now causing me problems - I got refused credit for the first time yesterday for a mobile phone contract!

 

So I think my best course of action is to ignore Westcot, await my SAR from Littlewoods. once its back and the written confirmation that the account is and was Statute Barred at the time the CCJ was enforced I can apply to have the Judgement set-aside...

 

...am I on the right route here?

 

I still have no recollection of such an account...I'll be genuinely interested to see what Shop Direct send as a response to the SAR.

 

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

Yes you are on the right route, possibly this could be set aside due to the address problem.

 

Just because a debt is 6 + years old it does not mean it is statute barred, the criteria for SB as follows: 6 clear years with no payment and or no unequivical written acknowledgment that the obligation still subsists.

 

So you need to check exactly when the last payment was made, find this out and we can assist you further.

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:

Link to post
Share on other sites

understood - if this account exists and if I made any payments then I can't believe that it took place in the last 7 years...I'll await the SAR from Shop Direct.

 

Is it worth writing to Westcot and saying I'm disputing with the original lender - or should I wait for them to start sending the red letters?

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

Yes a carefully worded response to Westcott, sent to their Compliance Manager, eg.

 

Ref: as on their letters.

Dear Sir or Madam,

 

 

I refer to your correspondence regarding a debt for £xxxx which you allege is owed by me, please note I do not acknowledge any debt to Wescott or any company you may claim to represent.

 

For information and to avoid future confusion I have today raised a FORMAL DISPUTE in regard to this account with the original credtor and in these circumstances cannot comment or correspond further with your company until this dispute is resolved.

 

Then get a a sort Formal Dispute off to Shop Direct.

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:

Link to post
Share on other sites

Formal disputes are now in the post.

 

Quick one; when I first wrote to Shop Direct at the bottom of my letter I put in bold letters "In addition to this I explicitly request that you do not pass my details onto third parties without my permission".

 

The first thing they did was reply to me saying they'd forwarded my information to Westcot - could it be argued that Wescot are a third party here as I was addressing Shop Direct, and Shop Direct completely disregarded my wishes...or do they really have a right to do so as they've sold the debt on?

 

I only ask as it's really annoyed me - I'd hoped Wescot would be out of the loop until I had all the SAR information in my hand - I know they will hound me forever more now, 'formal dispute' or otherwise.

 

 

People who haven't made mistakes, haven't made anything!

 

Link to post
Share on other sites

They already have your permission the Ts & Cs will state that by taking the account you agree to data being shared with CRAs and may be passed to 3rd parties foor collection/

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:

Link to post
Share on other sites

They already have your permission the Ts & Cs will state that by taking the account you agree to data being shared with CRAs and may be passed to 3rd parties foor collection/

 

But can they prove that the OP has a valid contract with them as only then will the T & Cs apply?

Link to post
Share on other sites

But can they prove that the OP has a valid contract with them as only then will the T & Cs apply?

 

That is why we await the results of the SAR!!!

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:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...