Westcot

[VeryWorried]

I am very worried that a debt W/Cot have purchased will see me being forced to sell my house.
I have established that W/Cot do own the debt, paperwork is correct, and I am writing to them to ask of they will accept a small payment each month.
I suspect they will not as the debt is large, and will take years to pay off at that rate.

But the fact is I am on benefits, but I own my own house (well it is heavily mortgaged) but you know what I mean.
I know that if they obtain a CCJ a debt for £1000 or over *secured (or unsecured as my loan is) they can force for the sale of your house, or maybe ask for a charge to be put on it.

I am worried sick, I will have to sell my house soon, maybe next year, but at the moment with my illness this is not something I can face.
If they apply for a CCJ how long does this all take.
I am thinking I cannot stand the worry anymore.
I do not know who to ask for help (there is NO one).

[seduraed]

Re: Westcot

Take a deep breath and dont panic . There will some more knowledgeable people along shortly . First of all we need to know what you owe and whether you are working . What is the debt for ? #Is it yours. When did you last make a payment on the account ?
Post up the letter from westcot with all the personal details removed . If you have an arrangement in place then you may be best to keep paying . Westcot are debt collectors and interested in getting the money in . If you pay then regularly what you can afford then they are most likely to accept the money . But more background is needed .

[Amethyst]

Re: Westcot

For info; original thread http://www.legalbeagles.info/forums/...327#post409327

Will merge tomorrow after I've had a good read through everything. For now though the credit agreement they sent was just one page, ? are you sure they sent you a copy of ALL the terms and conditions from inception of the account? You can usually tell because those on the agreement refer to others not on the same page.

If it does come to court and charging order applications, so long as you do a full income and expenditure sheet and offer what you can afford then you'd have to miss a number of those payments before a judge would consider a sale order.

[VeryWorried]

Re: Westcot

Take a deep breath and dont panic . There will some more knowledgeable people along shortly . First of all we need to know what you owe and whether you are working . What is the debt for ? #Is it yours. When did you last make a payment on the account ?
Post up the letter from westcot with all the personal details removed . If you have an arrangement in place then you may be best to keep paying . Westcot are debt collectors and interested in getting the money in . If you pay then regularly what you can afford then they are most likely to accept the money . But more background is needed .

The debt is for £7500 (seven thousand - 500).
I do not work I am in receipt of sickness benefits so I receive £105 a week (and that IS ALL there is).
I live alone, with NO family, so there is NO help from anyone.

I am on medication for depression, anxiety, high blood pressure, (to name a few).
Before the debt was sold to W/Cot I had an agreement in place with Blair Oliver Scott and was paying £15 a month (I had done a expenditure sheet with them).

I am not sure how to post up the letter from W/cot will try.
But basically it is a photocopied sheet (both sides used) of the original document I signed back in 2011.

Lenders name
Customers name + address
Loan amount
APR
Charges for missed payment
Early repayment
Right of Withdrawal
Complaints

Then my signature and date at the bottom
Plus the couriers signature who came with all of the paperwork and the cheque to the house.

On the back of the sheet
ALL the terms and conditions

I will try and post up.

[FlamingParrot]

Re: Westcot

I am very worried that a debt W/Cot have purchased will see me being forced to sell my house.
I have established that W/Cot do own the debt, paperwork is correct, and I am writing to them to ask of they will accept a small payment each month.
I suspect they will not as the debt is large, and will take years to pay off at that rate.

But the fact is I am on benefits, but I own my own house (well it is heavily mortgaged) but you know what I mean.
I know that if they obtain a CCJ a debt for £1000 or over *secured (or unsecured as my loan is) they can force for the sale of your house, or maybe ask for a charge to be put on it.

Yes, they can obtain a charging order if they get a CCJ but that doesn't mean you have to sell your house. :nono: Charging orders are intended to secure the debt and ensure that, when the property is sold, the creditor gets paid out of any equity available.

Although *in theory* it is possible for a creditor to apply for an order to force the sale of a property they have a charge on, in reality, orders for sale are rarer than hen's teeth, they are hardly ever granted for consumer debt under £25,000.

If the debt is in your sole name and the property is jointly-owned, they can only record a restriction.

I am worried sick, I will have to sell my house soon, maybe next year, but at the moment with my illness this is not something I can face.
If they apply for a CCJ how long does this all take.

You will receive a claim first and you will have the opportunity to defend it or make an offer to settle.

I am thinking I cannot stand the worry anymore. I do not know who to ask for help (there is NO one).

Of course there is, we're here! :beagle::doggieyes: :beagle2222:

I am on medication for depression, anxiety, high blood pressure, (to name a few).
Before the debt was sold to W/Cot I had an agreement in place with Blair Oliver Scott and was paying £15 a month (I had done a expenditure sheet with them).

I am not sure how to post up the letter from W/cot will try.

You may want to look at this thread: http://www.legalbeagles.info/forums/...tails-safe!%29 :nerd:

But basically it is a photocopied sheet (both sides used) of the original document I signed back in 2011.

Did you open the account in 2011? If so, I'm afraid it doesn't matter much what they sent you, as it's likely to be enforceable.

Even if it didn't have all the prescribed terms, a court could enforce it because s.127 of the CCA which prevented a court from enforcing an account without a properly executed agreement was repealed in April 2007.

Before going to the trouble of scanning and posting up the agreement, could you please confirm when you opened the account?

[VeryWorried]

Re: Westcot

Yes the account was opened in 2011.

Yesterday I wrote to them, explaining the situation and what little I could afford.
At least I have proof I am keeping the dialogue open..and not refusing to pay something.
I know they will not accept it, but at least I made an offer.

I am too ill to fight it anymore anyway, I am being treated for a heart problem so best I got in writing what is happening and then see what they reply with.

I have offered them an expenditure sheet, easy as what comes in - goes out on bills.
They are welcome to see my medical records, (not looking for their sympathy) as I know they don't have any - but they can then see I do not work.

The property is in my name, but really the building society own more than 2/3rds of of it.

I shall just have to wait and see but I am expecting a letter asking for a huge payment.

[wales01man]

Re: Westcot

As FP says the likelihood of them taking your house is probably zero and even if the got a CCJ you would only pay what you can afford maybe a pound a month, without damaging your health any further be guided by what others on here advise when you hear back from them .
Its not the end of the world
Your health matters more than money take care of yourself first

[VeryWorried]

Re: Westcot

Thanks everyone.
I will try and ride this, whatever.
The truth is I can only pay what I can at the moment.
I am not going to (well try not to) get upset about it.
Its a debt I know, but on the plus side, I did not kill anyone
I have the dreaded ATOS medical coming up soon, so there is plenty to take my mind of this.
I will keep the line of communications open (written) and see what side the cards fall.

Much appreciated - sorry I get all panicky, sometimes cannot see the woods for the trees.

[VeryWorried]

Re: Westcot

I sent them a cheque and a letter on the 7th Feb which they have cashed.
I explained in the letter my circumstances, so far they have not replied.
So I guess it is just wait and see time will tell.

[jon1965]

Re: Westcot

If you had an agreement in place of £15 with BOS then Wescot must honour it .
To try and put your mind at rest though

If they do go for a CCJ and that is still a big if , you can apply for a payment order which considering you on on ESA support group ( Have you applied for PIP?) it should be quite low. As long as you keep up the payments they should not be able to do anything else.

[VeryWorried]

Re: Westcot

If you had an agreement in place of £15 with BOS then Wescot must honour it .
To try and put your mind at rest though

If they do go for a CCJ and that is still a big if , you can apply for a payment order which considering you on on ESA support group ( Have you applied for PIP?) it should be quite low. As long as you keep up the payments they should not be able to do anything else.

Letter today saying they have accepted my offer.
I know they might/will at some stage revoke this, but one day at a time, and today's news is good.

Thanks everyone.

[VeryWorried]

Re: Westcot

If you had an agreement in place of £15 with BOS then Wescot must honour it .
To try and put your mind at rest though

If they do go for a CCJ and that is still a big if , you can apply for a payment order which considering you on on ESA support group ( Have you applied for PIP?) it should be quite low. As long as you keep up the payments they should not be able to do anything else.

Yes applied for PIP but everything is all in a mess in that department at the moment I believe that the medicals are weeks if not months behind.
Just a matter of waiting (I have become good at that).

[jon1965]

Re: Westcot

Yes applied for PIP but everything is all in a mess in that department at the moment I believe that the medicals are weeks if not months behind.
Just a matter of waiting (I have become good at that).

Indeed it is or so I hear. Not right though IMHO. maybe it's a way of saving money people either get better or die before the assessment