How to Collect from Collectors.

[PocketTheDifference]

Hi there,

I wont type out a long story for you all, I basically complained to o2 etc and with Legal Beagles Advice it worked out for the best it appears, However I did make a payment of £100 to Wescott Debt Recovery and now I think that is due back to me. How do I go about getting that money back off them, they where due around on the 17th of this month for next install.

Cheers

OPBC

[Zazen.Warrior]

Re: How to Collect from Collectors.

I'm parroting this but I believe it will be classed as a gift and as such you cannot claim it back. Hopefully someone else will know better.

[Guest]

Re: How to Collect from Collectors.

Why did you pay them £100 and why do you believe it is due back to you?

[PocketTheDifference]

Re: How to Collect from Collectors.

I paid so the collectors stay away and credit ratings etc, it was on the spot etc, and i believe im due this back becuase o2 have reactivated my contract and there is no debt anymore.
I hope that its nopt a "gift" and i can get it back or ill be fuming that is totally out of order.
as i didn't owe, i assumed under good will, Even if i pay them i can claim it back so it doesn't matter.

thanks for taking a look
OPBC

[Guest]

Re: How to Collect from Collectors.

The first step is to ask for it back. If they do not repay you, sue them. Depending on the circumstances, this may be considered to be money paid under a mistake of fact and thus fully recoverable. Search the forum for more details of this.

[WendyB]

Re: How to Collect from Collectors.

as someone has stated on your O2 thread, it may well be that Westcott didn't own the debt and were only collecting on behalf of O2. If this is the case then the £100 will probably turn up as a credit on your account somewhere. In the meantime, write to Westcott and ask them what's happened to it and what they intend to do about it.

[PocketTheDifference]

Re: How to Collect from Collectors.

Cheers i will get on that thanks VERY much you guys yet again one day i will lead a simple life

OPBC

[Zazen.Warrior]

Re: How to Collect from Collectors.

I wonder is it worth suing someone for £100, assuming they don't crumble and pay up when they receive your message via Northampton,or ignore it and you win by default, it will then cost you £150 to proceed any further.

Might be worth initiating but think very carefully before sending any more money after this.

[Guest]

Re: How to Collect from Collectors.

Of course it is worth it. Any costs associated with making the claim can be recovered and for the record, there are a great many people for whom £100 is a significant sum of money. If the court fees pose a problem, then an EX160 may be filed along with the claim and it can cost nothing at all.

Finally, I would pay so much more than £150 to serve Wescott Debt Recovery with a Warrant of Execution, wouldn't you?

[Zazen.Warrior]

Re: How to Collect from Collectors.

I agree that £100 is a significant sum, which is why doubling it and adding a bit more would also concern me.

My main worry here is the judge lottery, a win is not guaranteed; you have to weigh up the pros and cons from every angle.

[PocketTheDifference]

Re: How to Collect from Collectors.

Eeek Well I will speak to the Wescott man when i phone him on monday and see what he advises I work with the guy so im sure he will be honest at some point, then I will see what comes from that and then Phone Wescott if nothing works from there.

I do appreciate all the help as always Beaglers

OpBC

[Guest]

Re: How to Collect from Collectors.

I agree that £100 is a significant sum, which is why doubling it and adding a bit more would also concern me.

My main worry here is the judge lottery, a win is not guaranteed; you have to weigh up the pros and cons from every angle.

While I agree that a particular outcome cannot be guarranteed, it is far from being a lottery, there is case law going back 169 years (Kelly v Solari (1841)) and of course, the much more recent one, that you may have read about, Kleinwort Benson Ltd v Lincoln City Council (1998) that covers this issue.

This would appear to be a clear case of money paid under a mistake of fact and as such, I doubt even Wescott would argue about it.

If there is no debt, then why have Wescott got the OPs £100? Certainly, even if it was collected legitimately, they have no right to keep it.

What would you suggest, giving Wescott £100 because to attempt to get it back might be a little bit hard?

[Zazen.Warrior]

Re: How to Collect from Collectors.

You clearly know a lot more about this than I do so I will bow out.

Best of luck with this OP.

[PocketTheDifference]

Re: How to Collect from Collectors.

Anychange of a templated letter towards this im fighting about 5 battles at once so any help is appreciated.

Cheers Cetelco

[LuggerBugs]

Re: How to Collect from Collectors.

Whatever letter you send, make sure you copy it to O2. But before going in all guns blazing, I would make damned sure first that O2 don't credit your account.

You'd look a bit silly if you're actually NOT £100 out of pocket, and you complain.

This is one of the few occasions I'd recommend picking up the phone and having a wee word first.