Westcot letters

[MarkyH]

I hope that you can help with some advice. Many years ago I had a store card with Ikea. I moved house and I am believe I cleared the outstanding balance on my account. Yesterday I received a letter from Westcot Credit Services Ltd stating that I now owed them £345.61 for an outstanding debt. I called and stated that I had cleared the debt but they demanded proof. As well as this, I asked when the debt was supposed to have occurred, and they told me that the last activity was 8th March 2002. I said to them that under the statute of limitations this means that the debt (which I still believe I cleared) is now unenforceable. To this they said they accepted that it was outside of the 6 year limit, and that that meant they couldn't follow an action through the courts, HOWEVER they stated that they can still instruct a doorstep collection for the debt without falling foul of the law.

Could you please let me know if this is correct? I was under the impression that it would be covered by the statute of limitations, and that any action from a debt collection service would need to go through a court of law anyway.

They were also very unhelpful and forceful on the phone, and I didn't get much sleep last night thinking about it. Any advice would be greatly appreciated as how to respond.

[shamen]

Re: Westcot letters

Hello and welcome.

The good news is that they are trying it on - absolutely nothing they can do from the moment you inform them you will not be paying a statute barred debt. Send them a statute barred letter and tell them any future contact from them - phone, mail or doorstep visit will be viewed as harassment.

It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

http://www.debtquestions.co.uk/legal...hts.php#barred

[MarkyH]

Re: Westcot letters

Thanks so much for the advice. I was sure they were trying it on, but I just wanted to make sure there was noting I had overlooked. I will send the letter off today.

Its great to know there are people out there who are willing to lend a hand.
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Just one further thing. I am sure they are trying it on, but what about where they agreed with me that it is statute barred, but that this does not prevent them from sending debt collectors to my house as it is not done through the court (which they acknowledge they cant do). I assume any action from a debt collector would have to begin in the courts?

Thanks

[Curlyben]

Re: Westcot letters

Statue Barring precludes them taking legal action, BUT once you have made them aware of the debts status they CANNOT simply "send someone round".
In fact they should stop collection activities.

Don't worry about their threats of sending a collector as Wescott don't normally do this, it's merely a templated threat.

If the DCA have already acknowledged the status if this debt, then simply file anything they send to you.

[shamen]

Re: Westcot letters

Just one further thing. I am sure they are trying it on, but what about where they agreed with me that it is statute barred, but that this does not prevent them from sending debt collectors to my house as it is not done through the court (which they acknowledge they cant do). I assume any action from a debt collector would have to begin in the courts?

Thanks

As Curly said - file everything under 'forget' once you send that statute barred letter. Westsnott dont do doorstep calls, but incase they send on the debt to another DCA who do then proceed with a harassment claim

[LuggerBugs]

Re: Westcot letters

Wescot, to their credit, tend to back off when faced with obvious proof that they are talking bolleaux, and sometimes even issue an apology.

Well, they do when you threaten them with a complaint to the FOS.

[ODC]

Re: Westcot letters

They are in clear breach of the OFT Guidelines on the collection of Debt if you have informed them that as the alleged debt is Statute Barred and that you will not be paying anything. If they made their threat of a doorstepper in writing then you must report them to the OFT as well as making a formal complaint to them.

[MIKE770]

Re: Westcot letters

There are two Files only to use with them - 1. FF file (Fire) or File 13 (Rubbish Bin).

[ODC]

Re: Westcot letters

There are two Files only to use with them - 1. FF file (Fire) or File 13 (Rubbish Bin).

I have to disagree.

You should keep all copies of correspondence in order to make a formal complain against them