I sent a CCA request to Rockwell four months ago. No response at all, though no further attempts at chasing the alleged debt have been made - by telephone or in writing.

Either they're dragging their heels in the hope of eventually obtaining something or they simply don't have a valid CCA.

I haven't yet sent the Account In Dispute letter, although, by the lack of response, it can be assumed the account is in dispute.

Is it advisable to send the In Dispute letter or just let it lie and see what happens? If I send a letter, it might wake them up and initiate continued action, but my feeling is that I should send the letter, because they'll probably pass the account on and I'd like to be able to tell any future DCAs to just return the account to Rockwell as it's officially in dispute.

Any thoughts welcome and thanks.

H. x

You don't need to send the A/C in dispute letter although it does no harm to do so. If another DCA happens to turn up, you can send them packing anyway.

Thanks Silverfox. When I get my next benefit payment, I'll be able to afford to send the In Dispute letter - I think crossing the Ts and dotting the Is would be a good idea. In the meantime, food is a priority!

Thanks Silverfox. When I get my next benefit payment, I'll be able to afford to send the In Dispute letter - I think crossing the Ts and dotting the Is would be a good idea. In the meantime, food is a priority!

If you want, you could just get a certificate of posting from the Post Office (free) Saves on the cost of RD

Trouble is, that doesn't prove they received it and that's the point... Thanks for the suggestion though!

I know you want to know that it was delliverd but if it came down to your word against theirs(in any complaint)proof of posting is sufficient

Do Rockwell have an email address?

I think so, but I'm a bit old fashioned and like to keep a paper trail. After four months, another week or so won't hurt. The main thing is that I don't want to unnecessarily kick the hornets' nest, but I want to make sure everything is exactly right. I'm fully prepared to go to court if any of these idiots want to take it that far...

I know you want to know that it was delliverd but if it came down to your word against theirs(in any complaint)proof of posting is sufficient

 

Do Rockwell have an email address?

Hi Silv

Ouch Proof of posting??? once in the Royal Mail system it is deemed to be delivered and duly recieved, however I have just recently fought of an angry bailiff re distress warrant for unpaid fine to which I knew nothing of the offence, I had to make a stat dec to save me from £700 fee + 6 points. the case I hope is going to be re-opened.

My neighbour told me he got a letter for me but opened it in error but was embarrased to tell me, so moral of the Proof of post is do it recorded.

Mr W

In July 2010, I sent a CCA request, accompanied by a postal order for the statutory £1 fee to "Rockwell" for an amount they alledge is outstanding on an unsecured Alliance & Leicester loan from 1999. Last acknowledged in writing in March 2010.

To date, I've had nothing whatsoever back from them. I did consider sending the "Account in dispute" letter, but thought that this might just serve as a reminder and essentially be kicking the hornet's nest.

My thought is that I should continue to do nothing, rather than contacting them in writing again.

However, I have a strong feeling that the account will be passed on to another DCA in the next few months and letter ping-pong may resume.

Simple question is:

If a new DCA starts chasing, can I state that the account is in dispute with Rockwell and should be returned to them, or do I have to have sent the In dispute letter to Rockwell first?

I consider the account in dispute due to lack of valid CCA, disproportionate charges, interest (after being told in writing that interest would cease) and harassment by telephone at the time (around 10 calls a day).

Thanks for any advice.

H. x

Yes send the account in dispute letter to Rockwell.

Thanks Brig. Will do.

Has the account been sold to Rockwell or one of its associate companies. or is it still with A&L (now Santander)?

Sold on to Rockwell, surprisingly...

They can sell it on, even if it is in dispute.

Yes, but it was sold to Rockwell, who were then sent a CCA request - not the original lender. I'd been paying the OC.

So Rockwell are responsible for sending the requested paperwork or obtaining it from the OC. If they fail in this duty, the dispute is with Rockwell, so surely while the dispute exists, they shouldn't re-sell the account?

Thanks for your input DonkeyB

Yes, Rockwell are responsible for complying with the CCA request. They cannot enforce while in default. Better to refer to them as the debt buyer or creditor, rather than as a DCA.

Did you receive a Notice of Assignment when the account was sold? When was it sold?

Did you continue to pay the OC after it had been sold? Are you still paying?

You are leaking extra bits of info which would have been useful at the start!

You should certainly send the account in dispute letter.

And you should be reclaiming PPI and any other unfair charges.

And yes, they can sell it even if there is a dispute, though the practice is frowned upon by the OFT. But you must put your disputes in writing.

Alternatively you could ignore, as Rockwell are notoriously useless.

Thanks DonkeyB. Well, as I don't yet have a CCA and haven't sent a SAR, I'm not totally sure of additional charge/interest amounts. Sorry, didn't mean to just slowly leak info LOL

Recieved NOA from original creditor (I'd have to look up sale date) stopped paying Rockwell 12 + 2 days after CCA request was sent. Haven't heard anything since. Maybe a SAR would make sense for reclaiming charges?

Rockwell DO seem to be even more useless than companies like Lowell, but if the concensus is to send the in dispute letter, that's what I'll be doing first thing on Monday. Thanks for your help, much appreciated.

H. x

do this debt show on your cra file?

dx

So did you have a payment arrangement with Rockwell?

Failure to comply with a CCA request is not really a legal reason to stop payments, so be careful.

Yes, an SAR to the OC will identify charges you can reclaim.

That's another thing scheduled for Monday DX - I'll be having a good look at that before I put things in the post! Thanks

No payment arrangement with Rockwell. Phone calls, letters as usual. I've read several times on CAG that it's "reasonable" to withold payments while an account is indispute. I'd previously informed them of inability to pay and offered £1 a month but that was ignored and phone calls continued until I sent the appropriate template.

Thanks for your help everyone. I'm going to have a busy next couple of days!

I've read several times on CAG that it's "reasonable" to withold payments while an account is indispute.

That was bad advice, IMO! It only really holds when the PPI and unfair charges would outweigh the claimed balance due. But if there’s no arrangement in place, it’s a moot point.

It’s good that you’ve made an offer, and bad for them to ignore you.

Thanks. I'll bear that in mind!

Well, I've finally got a reply from Rockwell regarding my CCA request and the subsequent "In Dispute" letter.

Here it is, word for word...

Dear Sir,

Any future queries relating to this account should be directed to (the OC).

Yours sincerely,

Collections Manager

I note they can't even get the dear Sir/yours sincerely/faithfully right LOL

Er, if it was sold to Rockwell, how can they ask you to direct enquiries to the OC? It’s nothing to do with them. Idiots.