Agreement over 6 years old Wescot Credit

[WaylonJ]

Hello eveyone.

Just joined here and would like some advice.

Being chased by Wescot Credit for a debt they say I owe to Bank of Scotland.

I wrote to them asking for a copy of the original credit agreement and a statement of the account under the Consumer Credit Act. They acknowledged receipt of the letter and said that they would not contact me again until the dispute had been resolved.

7 days later they wrote to say they had contacted their client and as the account was opened on 27.12.06 they are not obliged to produce a copy of the application if the account is older than 6 years under the Consumer Credit Act.

They therefore say that the dispute has been resolved and that the full balance is required by return. If I do not contact them within the next 14 days the account will be returned to their recovery team for collection.

Can this possibly be right that because as account was opened more than 6 years ago they don't need to produce any evidence of the debt other than just saying it's due?

I have looked at the act and can see nothing to say that they don't have to produce the agreement after 6 years unless the account has been settled.

Any advice would be much apprciated as they have only given me 14 days to respond and their letter took 7 days to get to me. I have a feeling that they can't obtain the original agreement and are trying it on to recover a debt that is now unenforceable until they have provided the information requested.

Chris

[labman]

Re: Agreement over 6 years old Wescot Credit

They are lying. I wouldn't have sent a CCA request first. I'd have sent them this:


[Address]

[Date]



Dear Sir,

Your Ref: abcd1234

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to [Insert company name].

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which state it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable, AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Furthermore, ignoring 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 await your written confirmation that this matter is now closed, or I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully,

[IMG]file:///C:\Users\Home\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.jpg[/IMG]


Print Name


In the bit above 'Print Name' I put the attached if signing a physical copy.

[WaylonJ]

Re: Agreement over 6 years old Wescot Credit

Thanks for your response.

Should I therefore reply to them along the following lines?

"Dear Sir
I do not acknowledgeany debt to your company.

I am in receipt of yourletters dated 10^th September acknowledging the fact that a dispute hadbeen raised on this account and 17^th September claiming that as theaccount had been opened more than 6 years ago you are not obliged to produce acopy of the original agreement.

There are a few veryspecific circumstances under Sections 77, 78 and 79 of the Consumer Credit Act1974 where the duty to supply copies of original agreements and statements doesnot apply.

The fact that theaccount was opened more than six years ago is not one of them unless there isno sum payable under the agreement.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable, AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and/or unfair methods.

Furthermore, ignoring 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 await your written confirmation that this matter is now closed, or I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully,"

Thanks

Chris