wescot issue with F+f on voda debt

[me_n_my_kids]

hiya all

 

i posted on another thread a few ays ago about a settlement figure problem id had with wescot, where they accepted it in 3 parts, then when paying final one they said this wont be settlement it was meant to be one lump sum. so made me pay rest of debt in full. debt started as £650, settlement was £350 and now im left with £120. tried to pay it a couple of weeks ago but my card declined as the bank took my refund back out in order to send me a cheque.

 

so i have just had a letter telling me to pay within 7 days, the £120.

 

do you have any advice for something i could write to them, as they accepted settlement then rejected it when i paid the remainder? i hate these people as i see a lot of you do!!

 

any advice appreciated as always

[djweeble]

Did they put it in writing ?

[me_n_my_kids]

no, im afraid not

[djweeble]

That's what happens when you don't do things in writing:( DCA's have a regular habit of saying one thing then claiming another thing altogether.

 

You MUST do everything now in writing alone, don't even consider speaking to them on the phone. Take control of the situation and don't let them get the upper-hand again, it'll make you feel very good.

 

What was the original debt for ? there may be unlawful charges involved if you're lucky

[me_n_my_kids]

tbh i started dealing with this debt before i knew about this forum or theres no way on earth i would have done what i did, this forum changes teh way you look at things, for the better.

 

anyway, the debt was vodafone.....

 

i thought about sending them a letter saying we agreed on a settlement, ive paid it, debt closed bye. do you think they would leave it there or have a case for purusing it?

[Guest The Terminator]

That's what happens when you don't do things in writing:( DCA's have a regular habit of saying one thing then claiming another thing altogether.

 

You MUST do everything now in writing alone, don't even consider speaking to them on the phone. Take control of the situation and don't let them get the upper-hand again, it'll make you feel very good.

 

What was the original debt for ? there may be unlawful charges involved if you're lucky

 

If any of the DCA's ring you up then politley tell them to f off.If they don't take the hint then report them to the OFT.

[me_n_my_kids]

lol ty terminator... ive refused to disclose my phone number though

[djweeble]

Were there any charges applied to the Voda account ?

 

There may be enough to close the debt if you take action to recover them.

[me_n_my_kids]

im not sure, ive never looked into that, if i send sar could i ask account be placed on hold?

 

or i could try cca first?

[djweeble]

Write to Wastecot telling them the account balance is in dispute and that you will be making no more payments until the situation is resolved.

 

SAR both them and Voda for all your details and take it from there.

[me_n_my_kids]

lmao @ wastecot

 

ok will send letter advising of dispute tomorrow, and sar prob after xmas now.

 

thanks for advice

[me_n_my_kids]

would it be appropriate to send wescot a request for deed of assignment?

 

if they couldn't produce this, they would be unable to chase the debt?

 

if im correct, could someone advise me how long they would have to comply?

[me_n_my_kids]

*Bumping*

 

I suppose a letter from me advising them that i had paid settlement and account closed wouldnt do the trick would it? i would just love to see their face opening that if there was nothing they could do about it:D

[djweeble]

Forget the letter to them about account closure, it would have no legal standing.

 

Stick to the SAR , this forces both of them to hopefully give you all the information you need to get them off your back forever.

 

As for the deed of assignment, it will not even exist if the debt was not sold to Wastecot..... was it ?

[me_n_my_kids]

*huff* lol ok wont send them that.

 

i never received a letter from vodafone saying that the account was with someone else, i had one from wescott but i dont recall if it mentioned weather it was bought or just 'passed along'.

 

ill carry on and do as you said with an SAR once christmas is out the way

[me_n_my_kids]

Just to check, too much brandy cream over christmas me thinks lol.

 

SAR to be sent to Vodafone, at same time as letter to Wescot stating account in dispute?

[me_n_my_kids]

Do you know where i could get the account number for voda? im guessing the westcot ref wont be good enough for the SAR? Also, is there a standard letter in the forum for account in dispute?

[NailPost]

For a SARN all the info they should need is your full name and address. They should charge no more than £10 and they have 40 days from receipt to comply. Send the letter by recorded delivery and the clock starts ticking the day they sign for it. Mark your calendar! If no response by day 40 report them to the Information Commissioner. Question the company's fitness to process data and to hold the licence. Insist on a reply.

[me_n_my_kids]

Ok, no problem. At the same time as sending that to Voda, i send a letter to westcot stating that im not paying as account in dispute?

[me_n_my_kids]

Also on a recent letter from wastecot they state their 'client' as vodafone, that means that they are agents rather then a buyer, am i right? just getting letters ready to send in the morning...

[stan5131]

Helz. have you sent a CCA to Wescot? This will automatically put the debt in dispute and ask them to prove the debt with a true copy of the original agreement and deed of assignment. Dont just send them a letter saying its in dispute, hit them with a CCA.

[me_n_my_kids]

I thought about it, but thought that as it's a mobile phone contract... vodafone, they were not goverened by cca?

[me_n_my_kids]

there is a thread called orange and moorcroft in which lookingforinfo has posted saying that the contract the OP had with orange is not covered by cca, so i assumed this account would be the same.... am i right?

[me_n_my_kids]

Wescot Credit Services Ltd

PO Box 137

Dunedin House

45 Percy Street

Hull

HU2 8HF

 

January 3rd, 2007

 

Account Number:

Dear Sir/ Madam

I am writing to advise you that I have sent an SAR request to Vodafone regarding this account, and I will be claiming back any unlawful charges applied to my account.

I now request that the account is placed in dispute while this matter is fully resolved.

Yours faithfully

 

is this ok?

[stan5131]

Must be right then. Lookinforinfo usually knows his stuff. good luck on this one.