Wetcloths chasing Natwest acccont fees debt from 2005

[Old Cogger]

Better ask them what 2010 payment/whatever was and how?

[BRIGADIER2JCS]

Quick 1st thought, have you a copy of the dispute letter, and acknowledgment of a debt MUST be Unequivocal and written.

[Rav1531]

Quick 1st thought, have you a copy of the dispute letter, and acknowledgment of a debt MUST be Unequivocal and written.

 

Yes, I posted it earlier in the thread. Post 9. My original post explains history of what happened.

 

I have never written to Natwest, I went into the local branch 2-3 times on or around Oct 2010 to try to dispute this, the letter in post 9 was their response to me after their 'investigation'. Read my original post to understand what happened.

[BRIGADIER2JCS]

Right the OFT GUIDANCE 2003 updated Nov. 2012 states ''A relevant acknowledgmentment of a debt is ''AN UNEQUIVOCAL ADMISSION IN WRITTING THAT A LIBILITY STILL SUBSISTS''

IMO you made a verbal complaint/dispute you did NOT put anything in writting at this time so the debt is ststute barred SO Westcot get the following response imo.

 

The Complaince Manager

Westcot Credit Services.

 

Ref: us theirs.

 

Sir/Madam,

 

I am in receipt of a letter from Westcot dated xx xx xxxx in which Wescot dispute the statute barred status of an alleged debt to Nat West, please note I do not accecpt, acknowledge or admit any liability for the disputed account.

 

The claim has been made that a ''dispute'' was raised on xx xx xxxx regarding this account and it is therefore NOT statute barred, having taken advice on this matter

I have concluded that the assumption that the account is not statute barred is flawed and without merit for the following reasons.

 

The OFT states that an ''acknowledgment is an unequivocal written admission that a liability still subsists'' No such admission in writting has been made, also letters from a creditor asking/demanding payment are not considered relevant contact or claim.

 

Therefore I consider the debt is statute barred and I will not make payment.

[dx100uk]

i refer you to post 16

 

dx

[Rav1531]

i refer you to post 16

 

dx

 

Hi Dx100uk

 

Do you concur with Brigadier2cjs then?

 

Surely Natwest (especially) and Westcot know all this. So why would Natwest say it's not statute barred?

 

They have me doubting myself now, if they got me to sign 'something' in branch. I honestly can't remember doing anything like that but I was angry and stressed at the time. I do recall strongly arguing I felt I owed nothing, and they owed me money ( see original post)

 

I know for sure I have never written to Natwest at any time.

 

I was hoping this would be settled by now, find it really quite stressful.

 

Thankyou both for your time and replies.

 

Regards

 

Rav

[dx100uk]

doesn't matter what you signed in branch

 

you were complaining

 

not admitting the debt.

 

brigs letters as always are gold dust.

 

dx

[Rav1531]

doesn't matter what you signed in branch

 

you were complaining

 

not admitting the debt.

 

brigs letters as always are gold dust.

 

dx

 

Hi Dx

 

The last thing I was doing was questioning Brigadier2cjs replies.

 

Just quite stressed about all this, I really can't see how this has happened to me, or why they can't see sense.

 

Regards

 

Rav

[Rav1531]

Just realised in my letter posted 9 Jan 2013 to Wescot (see post 15, attached)

 

I wrote "Unless you can provide evidence of payment or written contact from me in the relevant period....etc"

 

So shouldn't they have produced evidence?

[dx100uk]

wise up time...

 

wetcloths like ANY DCA

 

will say /do anything to try and get you to pay..

 

its called cash cowing

 

75% of debt DOES NOT exist to any DCA.

 

why do you think its the biggest financial industry...

 

poke out a few scary letters

 

you get people GIVING you money.

 

people dont fall for the emails from nigeria ettc

 

why do so by letter??

 

dx

[Rav1531]

wise up time...

 

wetcloths like ANY DCA

 

will say /do anything to try and get you to pay..

 

its called cash cowing

 

75% of debt DOES NOT exist to any DCA.

 

why do you think its the biggest financial industry...

 

poke out a few scary letters

 

you get people GIVING you money.

 

people dont fall for the emails from nigeria ettc

 

why do so by letter??

 

dx

 

Hi Dx

 

I've never had to deal with anything like this before. Without going into detail, due to events in my last years in the Army I have mental problems and find it difficult to not get stressed about this.

 

I do appreciate your help, but responses like "wise up time..." really aren't helpful.

 

I'm sure I'm not the only person that gets stressed about things like this.

 

Regards

 

Rav

[dx100uk]

the wise up was not an insult...

 

you have brig here ...by far the best there is with regard to the military

and what service can do to you...

 

dx

[Rav1531]

Hi Brigadier2jcs

 

I added some things to your suggestion:

 

 

The Compliance Manager

 

Wescot Credit Services Ltd.

 

 

 

Without Prejudice Remove this very dangerous means you could not if necessary use the letter in court.

 

Reference: DM/65934051

 

Sir/Madam,

 

I am in receipt of a letter from Wescot dated 13 March 2013 in which Wescot dispute the statutebarred status of an alleged debt to Nat West. Please note I do not accept,acknowledge or admit any liability for the disputed account.

 

The claim has been made that a ''dispute'' was raised in 2010 regarding this account and it istherefore NOT statute barred, having taken advice on this matter I have concluded that the assumption that the account is not statute barred is flawed and without merit for the following reasons:

 

The OFT statesthat an ''acknowledgment is an unequivocal written admission that a liability still subsists''. No such admission in writing has been made, also letters from a creditor asking/demanding payment are not considered relevant contact or claim.

 

 

 

Therefore I consider the debt is statute barred and I will not make payment.

 

 

 

Further, in my letter to Wescot dated 9 Jan 2013 I wrote:

 

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

 

Final Response.

 

 

 

 

Yours faithfully

 

Is this ok? thanks for your time and advice.

 

Regards

 

Rav

[BRIGADIER2JCS]

Ok see my amendment.

[Rav1531]

Ok see my amendment.

 

Thankyou, will post this on Monday

 

regards

 

Rav

[Rav1531]

Letter sent yesterday 18 Mar 2013 recorded delivery.

 

[ATTACH=CONFIG]42581[/ATTACH]

[Rav1531]

Received this letter today, which is almost an exact copy of the letter received 16.3.2013 shown in post #25.

 

Seem to be going nowhere

Edited April 26, 2013 by Rav1531

[BRIGADIER2JCS]

Sorry the attachment is too small to read.

[Rav1531]

Sorry the attachment is too small to read.

 

Now sorted in post.

[BRIGADIER2JCS]

Certainly is the same response imo.

Please refresh my memory did your ''dispute'' letter make an ''unequivocal' admission of liability for the debt?

 

My guess is that they will rely on the fact that the ''response'' letter was not just ''debt collection letter'' as stated in the OFT Guidance on Debt Collection 2003/2012 in the sections regarding the pursuit of SB debts, where standard DC letters are no considered relevant contact.

[Rav1531]

I have never written to Natwest. I visited the local branch 3 times late 2010 to complain, as laid out in my OP. The 'dispute' letter was their response to my visits. I can't remember if they made me sign anything whilst I visited the local branch, I was pretty angry and upset at the time.

 

But I have definitely never written to them (Natwest).

 

The 'dispute' letter from them is linked in my post #9 of this thread.

[BRIGADIER2JCS]

Ok so the dispute was ''verbal' so cannot reset the SB clock BUT I can see now that they WILL claim that their response did restart the clock.

I would suggest now making this a formal complaint stating that you not made any ''unequivocal'' written acknowledgment of the debt as the dispute was just raised verbally.

[Rav1531]

Hi Brigadier

 

I dispute the debt because I feel I owe them nothing. If you read my OP I hope it will explain what happened.

 

Do you mean a formal complaint to Natwest now? Please could you advise what to write and to who?

 

Apologies for leaning on you, but I have never dealt with anything like this before.

 

Thankyou for your time.

[BRIGADIER2JCS]

No problem I'm just in the middle of a complicated Debt purchaser / CRA matter, I'll put a letter together for you a bit later.

[Rav1531]

Hi Brigadier

 

Just a gentle nudge to ask you for help in what to write and to who.

 

Regards

 

Rav