If I live in Germany can Westcott debt recovery persue me for 500 quid outstanding with O2

[Nightstalker]

Hi guys,

just a quick question...

 

I advised O2 that I was unable to pay my O2 contract with them due to have recently been taken to the cleaners in a divorce. I also advised that I have moved to Germany and would attempt to pay back what is owed once I get a job here...

 

well... its been 9 months, not been able to get employment yet, just been signed on the JobCenter here and getting the very basic in support. I am hoping to get employment soon, and have informed Westcott that I had advised O2 about this...

 

Now I have read up on Westcott and find that they paid 02 the debt owed and no doubt will chase me for more than what the original debt was...

 

on the grand sale of things, would they go to the hassle of getting a european court order for the sake of 500? End of the day they can... I dont have anything they can take from me as I dont own more than my clothes...

 

Any constructive advice welcome

[dx100uk]

short ans is no

 

 

dx

[Ruleoflaw]

How did Westcott debt collection come into the picture, what I mean by that is when did they contact you, or have o2? If they (Westcott/ 02) have a subsidiary company in Germany, it would just be like collecting in the UK. If they catch up to you that £500 will have lots of interest added. The EU permits free movement of financial services, and not just that if every person who owed a debt went to live in another country, the debt collectors would be out of work.

[dx100uk]

they already are out of work

 

 

they have no legal powers

they are NOT BAILIFFS

 

 

and have no such legal powers.

 

 

all they can do is willy wave.

 

 

esp if they don't own the debt

 

 

and if a big multinational company sold a debt

to a debt buyer.

 

 

doesn't that make you think...urm.. why didn't they take me to court

I'd get crushed...

but they've sold it...urm...something smelly going on here...

 

 

dx

[AndyOrch]

How did Westcott debt collection come into the picture, what I mean by that is when did they contact you, or have o2? If they (Westcott/ 02) have a subsidiary company in Germany, it would just be like collecting in the UK. If they catch up to you that £500 will have lots of interest added. The EU permits free movement of financial services, and not just that if every person who owed a debt went to live in another country, the debt collectors would be out of work.

 

The debt was assigned...that's how they came into the picture...they cant add any interest to the debt..... but we wouldn't want the DCAs to be out of work...would we?

 

Andy

[fkofilee]

While we dont condone Debt Avoidance, i would say that in this case, there is minimal that the DCA will do...

Youll be fine on this one me thinks.

 

Oh and Ruleoflaw... The only fees that are legal to add when in collections are legal fees...

[Ruleoflaw]

Westcott are not purchasing debt from the original creditor, they are tracing that debt and trying to force payment.

[Ruleoflaw]

Perhaps Marx would view debt avoidance as balancing things out in a capitalist society

[AndyOrch]

Westcott are not purchasing debt from the original creditor, they are tracing that debt and trying to force payment.

 

" Now I have read up on Westcott and find that they paid 02 the debt owed "

 

Looks like assignment to me...not tracing

[Ruleoflaw]

Read Westcott website, they do not purchase debts, they just trace the insolvent person/ debtor for the client.

[AndyOrch]

Read Westcott website, they do not purchase debts, they just trace the insolvent person/ debtor for the client.

 

So who has cleared the debt with 02 ?

[Ruleoflaw]

Tracing has several definitions and implications, but by that term I just meant to locate the debtor. By saying that Westcott traces the debtor I meant that Westcott traces the debtor as an agent for the client be it 02 or anyone else, and any collections it receivers are forwarded to the original creditor, in this case Westcott. In essence 02 et al are using debt collecting agencies as their agent, but ultimately the commercial transaction is merely 'services'. An assignment is a legal term meaning allocated, given, sent to another. If an assignment were to apply, the company Westcott would have purchased that debt from original creditor clients such as o2 etc, and would have its own personal remedies against the original debtor.

[The Phantom]

 

I also advised that I have moved to Germany

 

 

Why did you do that ? I can never understand why people tell their creditors where they are going when they leave the country. If you want to start fresh and new, don't tell them or tell them you are moving to Canada when you are going to Austria instead. I mean why tell them where to come looking ? Especially if you have no intentions of returning.

[unclebulgaria67]

Why did you do that ? I can never understand why people tell their creditors where they are going when they leave the country. If you want to start fresh and new, don't tell them or tell them you are moving to Canada when you are going to Austria instead. I mean why tell them where to come looking ? Especially if you have no intentions of returning.

 

You do it because normally UK creditors can only issue UK court claims against UK residents. If they know the debtor is out of the country, they will have to apply to the foreign court where the debtor is resident. This is unlikely. If you never tell creditors you have moved abroad, they can get a CCJ or bankruptcy using last known UK address. Armed with either, the debtor faces more problems, if they are caught up with. If they have any UK assets left behind, these could also be at risk.

 

Always get creditors to acknowledge you have left the UK. It is safer, but you may get some hassle.

[Bazooka Boo]

How have you been communicating with powerless Westcot?

 

Not by phone I hope? If so STOP.

 

Wetcloths have zero legal powers to do anything other than send out puerile missives, your dealings should be with O2, and if they foolishly turn round and inform you that it is no longer anything to do with them speak with Wetcloths, then do nothing.

 

As for a European court order, not a chance for such a pittance, unless they want to be really petty?

 

And if you mean you have read up on Wetcloths by reading their web site, you can take everything written on their with a wheelbarrow of salt, I doubt any of it resembles a modicum of truth.

[Nightstalker]

Hi guys...

 

sorry I never got back sooner...

 

Westcot out the blue contacted me via my gmail email address which O2 must have given them.

 

I advised them of my situation as I wanted to let them know I have left the country, and I also had told O2 this.

 

I have not heard from them since I openend this thread, so cant say what is happening.

 

I do travel back and fro to the UK to see my kids so there is no way I could cut connection with the UK.

 

will see how this pans out... if the do come knocking then I´ll have to set up a payback agreement with them...

 

watch this space

in the meantime, thanks for all your input.

 

Cheers

[AndyOrch]

Many thanks for the update NS

 

Andy

[Bazooka Boo]

They won't come knocking, and if they did, then you are well within your legal rights to tell them where to sling their hook!

 

As advised earlier, they are NOT bailiffs, they ARE a powerless profit making outfit.

 

This will go exactly nowhere.

The buck stops with O2, if they wanted the money they would have taken it themselves.