My Rockwell Success

[NitrousOxide]

Hi,
Posting here for others so that you can see the steps I took.
This was by no means short and took a while to reach it's conclusion.

[NitrousOxide]

Recieved these letters first informing me debt had been sold.

[NitrousOxide]

Fired off the CCA request in reply ASAP:

Rockwell Debt Collection Agency
PO Box 66
Southend-On-Sea
Essex
SS1 2GX

08/12/06



Dear Sir/Madam

YOUR REF: XXXXXXXXX

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. A true, up to date statement of account.

4. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully,

NitrousOxide

[NitrousOxide]

They ignored it and sent this:

[NitrousOxide]

So I waited for them to be well outside the timeframe and for them to commit an offence. I then recieved this letter some time later:

[NitrousOxide]

I then recieved this letter complete with statements but NO CCA OR T&C's.
They also rang this time and I made the mistake of speaking to them. I informed the man on the phone I would be reclaiming the charges back from this account. He really pushed hard for me to divulge how much I thought I would get back and what I thought my liability to them was.
Of course I said the amount to be claimed was higher than what is owed.
He came out with no one has got charges back and you owe the money!!
End of conversation and a lesson learned.

[NitrousOxide]

So this letter was fired off.
This was also well stickered up with my newly purchased CAG stickers:

01/05/07



Dear Sir/Madam

YOUR REF: XXXXXXX


I do not acknowledge any debt to your company.

To date, you have failed to comply with my request for a copy of the Consumer Credit Agreement (Consumer Credit Act, 1974) in relation to the above referenced account.

You are now in default of this request. Any further attempts to enforce payment will be reported to the relevant authorities without further notice.

Yours faithfully,

NitrousOxide

[NitrousOxide]

I then recieved this letter:

[NitrousOxide]

I hope this helps some of you who are unsure how to proceed. No matter how much they hound you, you still have rights too.
This is compared to some I've seen on here a bit easier I have to say but it does show what can be done.
Buying some CAG stickers is also a good investment as they seemed to take notice thereafter.

[NitrousOxide]

Comments Welcome

[Dispirited]

Originally Posted by NitrousOxide

Comments Welcome

Congratulations, well done! I'm just starting out on the journey for myself and my kids. This site is the greatest, can't sing its praises highly enough - and I've bought my stickers too

[pmhcfc]

Originally Posted by NitrousOxide

Comments Welcome

I had the exact same thing with the same DCA's/collecting Agents about 3 months ago..virtual identical letters too..Mine wasn't an Egg card though - same result none-the-less

Well Done You!

[clutchingatstraws]

Well Done Nitro

[Curlyben]

See relativly easy.
A few well worded letters and holding your bottle pays off every time.
Congrats.

[Belaflat]

Nice one Mr Laughing Gas,

Can I ask how old the card debt was since other posters who have CCA'd on an EGG account always seem to have thier agreements produced.

Not too many success stories where they are concerned.

[NitrousOxide]

Hi,
It would have been about 1999-2000.

[babajohar]

im having som problems with rockwell even though theve admitted not having a cca.

jst oing to ignore them now