Please Help!

[SuzieP]

Can anybody give me some advice. I have an outstanding debt that was originally with Lloyds TSB, they passed this debt onto Wescott Credit who then began to chase us for payment, I made some payments but also missed some.

 

My position as changed a little now, so I contacted Wescott to see if I could come to an arrangement to pay the debt off as full and final settlement. They said they had passed the debt back to Lloyds TSB,we contacted Lloyds(this was Nov 06) and they said they had sold the debt on to 1st Credit and that they would be in touch. We still hadn't heard anything as of yesterday, so called Lloyds back only to be sold the same thing again, this time they gave me the telephone number of 1st credit, I contacted them, only to be told that they have no record of me on there system.

 

What do i do???

 

Im trying to settle the debt, but cannot locate it.

 

Any help would be appreciated.

[dannyboy660]

I think I'd wait for whichever DCA to get in touch. Then, if you already have the money available, you could get some negotiations going for a full and final settlement. They only paid peanuts for the debt anyway so knock off any charges they might have tagged on and go for say, 50%(?) of what you owe. They won't give in too easily, but you if you make it clear you can pay them outright, you could come out of this a winner.

Be sure you get something in writing to confirm the debt is satisfied.

[PriorityOne]

STOP !! Do not make any offer of settlement to Westcott. Send them a CCA (Consumer Credit Act, 1974) request. Send it as it is... not acknowledging any debt.. enclose £1 (fee) and send it recorded delivery.

 

Legally, they have to comply with this request within 12 days from signature or they are in default and CANNOT enforce the debt without taking you to court. However, they can't take you to court without the CCA document... because it is precisely this document that they will be trying to enforce in court.

 

Therefore, if they default and you do not receive it, after 12 days from signature, it means no debt for you... until they can produce it and have it re-enforced in court. Without it, they are not legally entitled to collect payments from you.

 

I will try and find the link for the CCA request for you... give me a minute...

[PriorityOne]

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter N.

[dannyboy660]

Yes that's probably a better idea.

 

Although as they're aware SuzieP is willing and able to pay, it's probably just delaying the inevitable. Contact has already been made so they will be prepared with the docs etc. Why not wait for them to get in touch first ??? After all, they don't seem to have decided who actually owns the debt. There's a small chance you might not hear anything for quite some time, perhaps not at all.

[PriorityOne]

Yes that's probably a better idea.

 

Although as they're aware SuzieP is willing and able to pay, it's probably just delaying the inevitable. Contact has already been made so they will be prepared with the docs etc. Why not wait for them to get in touch first ??? After all, they don't seem to have decided who actually owns the debt. There's a small chance you might not hear anything for quite some time, perhaps not at all.

 

Delaying the inevitable ? What makes you think they will be prepared with the docs ? None have mine have had them and are currently in default. No docs. after one calendar month then becomes a criminal offence for them and also means I will be claiming all of it back because it was collected before I discovered the CAG.... and since that time, have learned that they had no legal entitlement to collect it in the first place.

 

Dannyboy, do not assume that just because a bully of a company tells you that something is so... that it is so.... because I can assure you that in many cases DCAs have broken the law left, right and centre.

[dannyboy660]

Delaying the inevitable ? What makes you think they will be prepared with the docs ? None have mine have had them and are currently in default. No docs. after one calendar month then becomes a criminal offence for them and also means I will be claiming all of it back because it was collected before I discovered the CAG.... and since that time, have learned that they had no legal entitlement to collect it in the first place.

 

Dannyboy, do not assume that just because a bully of a company tells you that something is so... that it is so.... because I can assure you that in many cases DCAs have broken the law left, right and centre.

 

SuzieP says she was previously making payments to Wescot, and has been in touch them intending to settle, so unfortunately it's quite logical to assume they will be prepared, although the long pause is unusual for them. That's why it might be better to wait and do nothing.

 

The CCA request approach is becoming far more common now that more people are aware of their rights, and never before have DCA's had to tread carefully. The bullying goes on, I know that only too well, yet as the recent closure and restructure of the UK Debt Advisers forum shows, DCA's are watching these forums closely, just waiting for an opportunity to turn the tables if they think it's turning into a 'dodgers den'. (Which hopefully this one won't)

 

Quite right to take a stand when you've been pooped on or ripped off, but If SuzieP wants to negotiate a settlement and close the whole thing without yet another CCA application on a debt she doesn't deny, I can't see the problem. I only wish I could negotiate and get a rebate on my outstanding!!

 

The rise in CCA'ing and the fact they undoubtedly read these forums, only alerts them to the fact we're getting smarter, and they need to be prepared.

 

I do see your point. Why pay if you don't have to?? Why pay if they are breaking the law?? Sending a CCA to Wescot does make sense, I just think in this particular case, as I said it might just be delaying the inevitable, or even stirring things up if they've closed the account.

 

Hope that makes sense, and doesn't look like I'm joining the opposition!!!!

[PriorityOne]

SuzieP says she was previously making payments to Wescot, and has been in touch them intending to settle, so unfortunately it's quite logical to assume they will be prepared, although the long pause is unusual for them. That's why it might be better to wait and do nothing.

 

The CCA request approach is becoming far more common now that more people are aware of their rights, and never before have DCA's had to tread carefully. The bullying goes on, I know that only too well, yet as the recent closure and restructure of the UK Debt Advisers forum shows, DCA's are watching these forums closely, just waiting for an opportunity to turn the tables if they think it's turning into a 'dodgers den'. (Which hopefully this one won't)

 

Quite right to take a stand when you've been pooped on or ripped off, but If SuzieP wants to negotiate a settlement and close the whole thing without yet another CCA application on a debt she doesn't deny, I can't see the problem. I only wish I could negotiate and get a rebate on my outstanding!!

 

The rise in CCA'ing and the fact they undoubtedly read these forums, only alerts them to the fact we're getting smarter, and they need to be prepared.

 

I do see your point. Why pay if you don't have to?? Why pay if they are breaking the law?? Sending a CCA to Wescot does make sense, I just think in this particular case, as I said it might just be delaying the inevitable, or even stirring things up if they've closed the account.

 

Hope that makes sense, and doesn't look like I'm joining the opposition!!!!

 

 

I think it all depends in how much fight you have in your body... of course DCAs will be prepared to settle. Someone actually offering them money on a debt that they may not be legally entitled to collect in the first place. Whoopeee !! Easy pickings...

 

Ownership of the debt needs to be established because as a general rule, DCAs do not abide by the law. Ownership of the debt however, should not be difficult for a DCA to prove IF that DCA is telling the truth and does actually OWN it before pursuing you for money. IF the DCA does own the debt, negotiation can follow after an SAR to the original creditor establishes any unlawful charges that would reduce that debt.

 

If DCAs are now beginning to tread carefully then it's about time ! If they had always abided by the law in the first place, there would be no need for folk to do CCAs... everything would be clear... no verbal abuse on the 'phone... no threatening doorstep calls.... no lies to send bailiffs round (without a court order) to scare people into paying more... no threats about charges to property even though regular payments have been maintained... the list goes on and on.

 

SuzieP could negotiate a settlement if she chooses to. However, if any payments have been made without her DCA having a CCA, then she is within her rights not to pay any more to the DCA and claim any payments back.

 

Are you suggesting that you wouldn't do that ? If I was to say to you that I was a DCA... would you pay me just because I nagged you for the best part of every day until you agreed to do as you were told ?

 

One that note... have you tried sending a CCA to the people you have tried to settle with ?...

[SuzieP]

STOP !! Do not make any offer of settlement to Westcott. Send them a CCA (Consumer Credit Act, 1974) request. Send it as it is... not acknowledging any debt.. enclose £1 (fee) and send it recorded delivery.

 

Legally, they have to comply with this request within 12 days from signature or they are in default and CANNOT enforce the debt without taking you to court. However, they can't take you to court without the CCA document... because it is precisely this document that they will be trying to enforce in court.

 

Therefore, if they default and you do not receive it, after 12 days from signature, it means no debt for you... until they can produce it and have it re-enforced in court. Without it, they are not legally entitled to collect payments from you.

 

I will try and find the link for the CCA request for you... give me a minute...

 

Wescott told me that they had passed the debt back to Lloyds TSB though, so should i still send CCA even though they no longer have the debt??

 

Sorry, if i sound dumb. But im new this.

[PriorityOne]

No, it will not be necessary. Send an SAR to Lloyds to see if there are any unlawful charges that you can re-claim in order to reduce the amount owed.

 

[PriorityOne]

SAR letter should be in the Bank Templates section. If you can't find it, let me know...

[SuzieP]

S.A.R - (Subject Access Request) letter should be in the Bank Templates section. If you can't find it, let me know...

 

 

Thanks for help, ill get on to it.

 

Thanks also, to dannyboy.

[dannyboy660]

On the CCA's, unfortunately no, although if I'd known then.......

 

I'm one of the seriously misguided people who managed to settle my major problems probably before this site even began. No doubt I was ripped off without my knowledge, and only a brush with Lowell last year (mistaken identity) led me to this site out of curiosity,... that and deep hatred for Lowell/Hampton Legal. I'm left with just a few relatively minor debts in a DMP which I'm happy to say is nearly finished. Just want it over and done with.

 

DCA's are having a field day with the current personal debt situation, but it won't last and they know it. The more complaints about them when they dont follow the rules/laws the better it will be for ordinary people. They now have to compete against each other like never before, and of course, they will bend and break the rules to survive.

 

I've got a little bit more experience in dealing with things from the overseas perspective, which is why I think the DCA days are numbered. http://www.consumeractiongroup.co.uk/forum/general-debt/61903-can-they-chase-me.html

 

Interesting you should mention the "fight in your body" point - my wife always says I've lost that fighting spirit, but hey I'm getting older, perhaps just not much wiser!!

 

I've hijacked Suzie's thread....

 

All the best.

[PriorityOne]

We have all been ripped off Dannyboy... and I'm glad it's nearly over for you. Some of us are still being bullied big-style though and that's what makes us lose that fighting spirit. It comes back though... and with it comes the wisdom and knowledge to know what to do in the future if faced with a similar nightmare.

 

I wish you all the best too...