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Vodafone/Wescot Debt query....


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Hello,

 

I've just received a letter from Wescot Credit Services Ltd informing me that I owe them £70 on behalf of Vodafone.

 

They've written to me at my current address, where I've lived for 8 months, but I've ha no dealings with Vodafone for at least a couple fo years. I don't know whether I owe this money or not, but I would suspect that it's the result of them failing to cancel my last contract in accordance with their own terms and conditions. As far as I'm concerned I've always cancelled phone contracts correctly and paid their final bills, so not really sure where this debt has come from or why I've not heard anything of it earlier.

 

My question is, what should I do to ascertain all the facts relating to this debt, so that I can work out if I owe the money or not?

 

Thanks in advance.

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Yes, I wasn't sure if they were covered by CCA or not, which was why I asked the question. Will have a look for those stickies.

 

Having said that, if I have a contract, paid monthly in advance, fine. BUT, when I go over my monthly call/text allowance they start charging me 10p a text etc, which I haven't pre-paid and I have a "Credit Limit" (their words) of £100 or whatever that I can use in this way. I'm not sure how that wouldn't be covered by the CCA?

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I'm not sure how that wouldn't be covered by the CCA?

 

becuase you pay it off every month rather than having the facility to have ongoing credit, such as a loan, credit card or overdraft.

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Ok, thats fine then, makes sense I suppose.

 

Anyway, back on track - when I write to Wescot explaining that I do not acknowledge the debt, what documents do I need to request from them and what are their legal obligations?

 

Should I contact Vodafone too? And what shoudl I ask for and what are their legal obligations?

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Have sent the follwoing this afternoon:

 

Dear Sir,

 

Wescot Reference D3/XXXXXXX

 

I am writing regarding your letter dated the 4th of April. I have no knowledge of any debt owed by myself to ‘Vodafone’ and request that you supply me with all the information that you have in relation to this matter, including a copy of any agreement between myself and ‘Vodafone’ and a signed true copy of the Deed of Assignment that you are using to pursue this matter.

 

Until I have that information I am not in a position to make further comment on this matter.

 

Comments?

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  • 5 weeks later...

Have finally received a response from Wescot stating:

 

In order for us to continue with your enquiry, it would be most helpful if you could confirm the last three addresses that you have resided at together with the dates you vacated.

 

Obviously, that's what would be most helpful for them, but what would be most helpful for me? Am I under any obligation to supply the information, what will they do if I do send them the info, what will they do if I don't?

 

They haven't supplied me with any of the information I've requested and if they are suggesting that to supply me with the info they need my previous addresses as some kind of proof then I take issue with that as they didn't need that information to start asking for money from me.

 

Cheers in advance.

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  • 3 weeks later...
  • 3 weeks later...

I could use some advice pretty quickly. I've had no contact from Wescot since my request for their information and their response asking me for my previous three addresses. I didn't reply obviously.

 

Anyway, I've just recieved a letter from them threatening me with a County Court summons unless I pay up by the 18th of June.

 

What should I do about this? I still haven't received any of the information that I've requested regarding the debt.

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I've put together the following response, would really appreciate comments before I post it as I'm not fully clear on the legal obligations that Wescot have towards me as the debt isn't covered byt he Consumer Credit Act.

 

Cheers.

 

Dear Sir,

 

Wescot Reference D3/32541890

 

I am writing regarding your letter dated the 4th of June 2007. As you will be aware from my letter dated the 11th of April 2007 I have no knowledge of any debt owed by myself to ‘Vodafone’ and as such I am writing to re-iterate the fact that I am not in a position to make any comment on this matter until you supply me with all the information that you have relating to this matter.

My letter of the 11th of April 2007 clearly stated that I require copies of all information relating to this matter, including any agreement between myself and Vodafone and the Deed of Assignment that you are relying on to pursue this matter.

However you have failed to comply with this request and your only communication, prior to your letter dated the 4th of June 2007, has been a request for details of my previous addresses, dated the 10th of May 2007.

 

The purpose of your request dated the 10th of May 2007 is unclear. My initial impression was that perhaps you were attempting to confirm my identity in order that you may comply fully with the provisions of the Data Protection Act 1998. However, as I’m sure you’re aware it would be most improper of yourselves to disclose confidential personal information to an individual without having first been fully confident of the identity of that individual and having been assured of their right to access that data.

 

Given that both your initial approach for payment on the 4th of April 2007 and your request dated the 10th of May 2007 disclose personal information that is protected under the provisions of the Data Protection Act 1998 I can only conclude that you are fully confident of my identity and that you have requested information relating to my previous addresses and the dates I vacated for other purposes.

 

As such, there is no explanation for the fact that you have, so far, failed to comply with my request for full disclosure of all information relating to this matter and I request that in addition to supplying me with the data I have requested in all off my communications with yourselves, you also confirm that your letter dated the 10th of May 2007 was not for the purpose of confirming my identity, so that I can be sure that I do not need to report you to the relevant authorities for breach of the Data Protection Act 1998.

 

I state again, for clarity, until I have this information I am not in a position to make further comment on this matter.

Regards

 

Paul Rockliffe.

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The letter is fine but you may wish to add something about their threatening letter. Something along the lines of thank you for your letter threatening Court action on this matter. As you will be aware The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

 

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

The Administration of Justice Act 1970 section 40 also reaffirms your rather dubious practices as an offence.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I have as of today made a complaint to the trading standards department and am considering informing the OFT of your actions.

If you commence any legal proceedings against me it will be averred that these actions are both unlawful and vexatious.

I await your written confirmation that this matter is now closed.

Yours faithfully

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks very much, have modified my letter to include all of that and its in the post now.

 

I'm moving houses at the end of the month - is there any obligation for me to inform Wescot of this change of address, or asthey've failed to properly identify me as the owner of this debt can I just carry on as normal?

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is there any obligation for me to inform Wescot of this change of address

No. They have not proved that you owe them anything. You may however wish to get your mail forwarded for the next few months just to make sure they don't attempt any litigation or anything similar.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi i am dealing with wescot for a united utilities debt of 379.88 i have set them aletter asking for a copy of the agreement and i got this back "we can confirm under the terms of the cca(exempt agreements) ORDER1989 rticle3(1)(a) this account is not regulated by the comsumer credit act and is enforcable. The account has been placed on hold for 7 days pending payment proposals which are required by return.

 

Help please ?

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