Wescott

[VeryWorried]

Re: Wescott

They have started ringing now can I ignore all their calls.
I expect they have received my letter about asking for a copy of the agreement.
I want everything to be in writing - is it a good idea to write and tell them this or just wait and see what their next move will be.

[FlamingParrot]

Re: Wescott

They have started ringing now can I ignore all their calls.
I expect they have received my letter about asking for a copy of the agreement.
I want everything to be in writing - is it a good idea to write and tell them this or just wait and see what their next move will be.

You should log every call you receive, even when you don't answer them (as long as you can ID the number :thumb

You are right to want everything in writing, you should avoid talking to them on the phone. :typing: You may want to look at this thread where there is also a letter you can send:
http://www.legalbeagles.info/forums/...om+harrassment

[CleverClogs]

Re: Wescott

You may want to look at this thread where there is also a letter you can send:
http://www.legalbeagles.info/forums/...om+harrassment

Or at this thread - link - posted elsewhere, which just gives ideas on how best to waste their time and annoy them.

[stevread1]

Re: Wescott

O.K. have been in this situation before. Don't worry they will have a long way to go to try and take your house. First they can not take make you pay any more than you can afford that will cause you financial hardship. You need to contact them and tell them you can not afford to pay. Secondly tell them you are getting help with your debts so can you have a bit more time. Citazen advice or one of the other free agency's out there, listed somewhere on here. Get them to do an income expenditure form, you will probably end up paying less. It will look better if your getting professional help .As soon as this is done send it to them with your first payment if its all you can genuinely afford they will normally accept it. If not accepted let it go to court ok you may get a CCJ but the court will go through your income and expenditure and only order you to pay what you can afford.
This sounds harsh but you dont need to attend the hearing and as long as you keep up with your payments there won,t be a problem.
If you dont keep up with the payments the next stage they will go back to court for a retaining order( on your house which basically means turning it from an unsecured loan to a secured loan. Then if you still dont then they may go back to court and try to reposes your house. But normally it will sit there untill you sell your house and they will get their money back), or a distress order(baliffs), or an order to take from your wages which obviously won't apply to you.

So don't worry its not very likely you will loose your house. My advice would be to contact them as soon as possible because they will start banging on your door if you ignore their calls.

[CleverClogs]

Re: Wescott

O.K. have been in this situation before. Don't worry they will have a long way to go to try and take your house. First they can not take make you pay any more than you can afford that will cause you financial hardship. You need to contact them and tell them you can not afford to pay. Secondly tell them you are getting help with your debts so can you have a bit more time. Citazen advice or one of the other free agency's out there, listed somewhere on here. Get them to do an income expenditure form, you will probably end up paying less. It will look better if your getting professional help .As soon as this is done send it to them with your first payment if its all you can genuinely afford they will normally accept it. If not accepted let it go to court ok you may get a CCJ but the court will go through your income and expenditure and only order you to pay what you can afford.

Your post suggests that you post to Money Squandering Experts. Am I correct?

This sounds harsh but you don't need to attend the hearing and as long as you keep up with your payments there won't be a problem.

Do you specialise in giving bad advice or is this a new venture for you?

If WorstScott cannot comply with the s.77 request, they are most unlikely to be able to obtain judgement in their favour.

If you dont keep up with the payments the next stage they will go back to court for a retaining order

Charging order...

So don't worry its not very likely you will loose your house. My advice would be to contact them as soon as possible because they will start banging on your door if you ignore their calls.

If they send round some oaf to bang on (or against) the OP's door, the obvious solution would either be:

• to call the cops, reporting a breach of the peace, or
• to squirt water through the letterbox all over the front of the oaf's trousers so that he looks as if he has piddled in his pants. msl:

[VeryWorried]

Re: Wescott

I shall wait to see what their next move is.
It is not just these people I do not answer the phone to - I ignore ALL calls that are not 'friendly' numbers.
I have caller display so can sift the calls I want.
Also with my illness I can get pressured on the phone and commit to things I am not able to do, (so that is another reason I ask for written contact).
I have a payment due 1st Dec which should have gone to BOS but they will no longer accept it, I do not want to send any money to WCot until they prove the debt is theirs.
Will this holding of money go against me in the eyes of the law.

[FlamingParrot]

Re: Wescott

O.K. have been in this situation before. Don't worry they will have a long way to go to try and take your house.

Why should they 'try to take their house'? This is an unsecured debt!

First they can not take make you pay any more than you can afford that will cause you financial hardship. You need to contact them and tell them you can not afford to pay. Secondly tell them you are getting help with your debts so can you have a bit more time. Citazen advice or one of the other free agency's out there, listed somewhere on here. Get them to do an income expenditure form, you will probably end up paying less. It will look better if your getting professional help .As soon as this is done send it to them with your first payment if its all you can genuinely afford they will normally accept it.

The OP has sent Wescot a CCA request, the best thing to do would be to wait for their response before doing anything else. Why contact them? Let's wait for them to make contact, in which case they'll be told the account is in dispute due to lack of non-compliance with a lawful s.77 request. There is no need to get the CAB involved in this, they have their strong points but when it comes to debt, there are better ways to deal with that.

If not accepted let it go to court ok you may get a CCJ but the court will go through your income and expenditure and only order you to pay what you can afford.
This sounds harsh but you dont need to attend the hearing and as long as you keep up with your payments there won,t be a problem.

We are getting way ahead of ourselves here, there is nothing to suggest this will go to court. I had Wescot on my case over two years ago, over an RBS card I haven't paid in nearly 4 years. I've not heard anything about this account for nearly 2 years now. :clock: :clock:

If you dont keep up with the payments the next stage they will go back to court for a retaining order( on your house which basically means turning it from an unsecured loan to a secured loan. Then if you still dont then they may go back to court and try to reposes your house. But normally it will sit there untill you sell your house and they will get their money back), or a distress order(baliffs), or an order to take from your wages which obviously won't apply to you.

So don't worry its not very likely you will loose your house.

You must be referring to a Charging Order which would secure the debt against the OP's property, but they'd need to obtain a CCJ before they can get a charge on the house, and that's a long way! Even with a charging order, they cannot repossess a property. In theory they *could* apply for an Order for Sale (which is not the same thing), in reality, those are almost never granted for debts of this nature. :flypig::flypig::flypig: Even discussing all this is rather irrelevant at this stage, where they are not even making strong threats of litigation, let alone going to court, obtaning a charge, etc.

My advice would be to contact them as soon as possible because they will start banging on your door if you ignore their calls.

I don't know where you got your facts from but, once more, I strongly disagree with this, for the reasons noted above. They won't just 'bang the OP's door', most of those threats are just empty threats. I've also received such threats and no-one has ever turned up. I have posted a letter that the OP can send revoking the right to visit on this post: http://www.legalbeagles.info/forums/...343#post389343

Now please stop worrying the OP! ray:

[FlamingParrot]

Re: Wescott

I shall wait to see what their next move is.
It is not just these people I do not answer the phone to - I ignore ALL calls that are not 'friendly' numbers.
I have caller display so can sift the calls I want.
Also with my illness I can get pressured on the phone and commit to things I am not able to do, (so that is another reason I ask for written contact).
I have a payment due 1st Dec which should have gone to BOS but they will no longer accept it, I do not want to send any money to WCot until they prove the debt is theirs.
Will this holding of money go against me in the eyes of the law.

You're absolutely right to ask for written contact. I've mentioned this before, I know an extreme example of someone who, back in 2000, set up a repayment plan for a loan over the phone, where the credit agreed to freeze interest. 12 years later, they got a statement for £24k :scared: :scared: :scared: because it turns out they'd been adding interest all along! :mad2: :mad2: Without anything in writing, it was hard to prove anything.

You are also right to wait for a response to your CCA request before doing anything. :thumb:

[VeryWorried]

Re: Wescott

Heard back from W/Cot they have said I need to contact the original lender HBOS for the CC paperwork.
I was under the impression that if I debt was sold on then all paperwork should be transferred over to whoever bought the debt and that company should be able to supply me with a copy, not me have to chase the original lender for it.

My account has been put on hold for 28 days - but they insist I still need to make arrangements to pay the debt (which is OK) if it is all above board.

[CleverClogs]

Re: Wescott

This is just their standard stercus bovi.

They won't have any paperwork or documentation for the alleged debt, regardless of whether they are acting on behalf of the Bank of Sotland (not a typo) or whether they bought a portfolio of alleged debts from the aforementioned wunch of bankers.

If they own the alleged debt and cannot (or will not) comply with the s77 request, they should find it impossible to obtain judgement in their favour until or unless they do comply.

[VeryWorried]

Re: Wescott

This is just their standard stercus bovi.

They won't have any paperwork or documentation for the alleged debt, regardless of whether they are acting on behalf of the Bank of Sotland (not a typo) or whether they bought a portfolio of alleged debts from the aforementioned wunch of bankers.

If they own the alleged debt and cannot (or will not) comply with the s78 request, they should find it impossible to obtain judgement in their favour until or unless they do comply.

So what do I do next.
Go back to lender?

[CleverClogs]

Re: Wescott

So what do I do next.
Go back to lender?

If WorstScot claim to own the alleged debt, then they have the duty to provide the documents requested and they cannot enforce any agreement until/unless they do.

Have those blatherskites retained the payment you made?

[VeryWorried]

Re: Wescott

If WorstScot claim to own the alleged debt, then they have the duty to provide the documents requested and they cannot enforce any agreement until/unless they do.

Have those blatherskites retained the payment you made?

No they sent it back, with the letter telling me to go back to the lender, write the cheque to the lender and then either send direct to lender, or send to them, to forward onto lender.

[CleverClogs]

Re: Wescott

No they sent it back, with the letter telling me to go back to the lender, write the cheque to the lender and then either send direct to lender, or send to them, to forward onto lender.

They're idiots.

Has the alleged debt been assigned to yon numpties, or has it not?

[FlamingParrot]

Re: Wescott

Heard back from W/Cot they have said I need to contact the original lender HBOS for the CC paperwork.
I was under the impression that if I debt was sold on then all paperwork should be transferred over to whoever bought the debt and that company should be able to supply me with a copy, not me have to chase the original lender for it.

My account has been put on hold for 28 days - but they insist I still need to make arrangements to pay the debt (which is OK) if it is all above board.

So what do I do next.
Go back to lender?

No they sent it back, with the letter telling me to go back to the lender, write the cheque to the lender and then either send direct to lender, or send to them, to forward onto lender.

I can't see what letter you sent as a CCA request, the one I use has a paragraph that says:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

You also say above something about writing the cheque to the lender, perhaps that's the issue here, you must have sent a cheque written out to Wescot. For that reason, I prefer sending a blank PO, that way there is no argument about who should get paid.