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surfhair

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Everything posted by surfhair

  1. Thanks everyone. Hopefully they will leave me alone frustrating as I went sick when I got the letter
  2. No i haven't paid anything for well over 10 years no have i had contact from anyone. To be honest i didn't think it was on my credit files but now i am concerned having had this letter
  3. Thanks Andy, is there anyway for me to get this to drop off my record to stop them contacting me again or to avoid it affecting me should i try to get a mortgage
  4. Hi friends, I had a debt of 4,000 pounds some 15 years ago with the HSBC after years of paying massive amounts of interest on the credit card i defaulted and agreed to pay £1 per month. This debt was then sold to various companies who harassed me rockwell, Arrow and Fenton Cooper to name a couple. With help from this forum i CCA'd them and they were unable to produce any cca they also acknowledged they could not enforce any credit agreement through the courts and as of 2010 i didn't pay another penny. A few days ago after 10 years of silence i received a letter from Arrow informing me of the debt. Can i ask anyone's advice as to were i stand with this? over 10 years have passed and i really thought i'd heard the last of it. Many thanks for your help.
  5. Hi i signed up with noodle and the information was not showing in my financial account information. This section did show all the other cards that i have.
  6. thank you shall send them recorded del in the morning. I really appreciate the help i might actually sleep tonight now.
  7. Thank you Renegadeimp I shall do. Certaintly caused me a lot of stress the thought of them calling here.
  8. thank you DonkeyB. Yes i recieved a notice of assignment in Dec 2011 so quite a while back. I was unsure of how they were able to sell a account that was in dispute. I will send Wescot the same letter I sent to rockwell. god bless you for your help.
  9. Hi Guys, i really hope you can help me. As you can see from the previous posts i had an issue with Rockwell and after a period of silence from them (after following the advice given by this forum) i finally recieved a letter saying requesting payment from Arrow global. I ingorned that letter and recieved a letter from someone called Wescot credit services LTD two weeks ago( i ingorned t hat letter). However, today i recieved another letter from them stating I have 7 days to pay or a door step collector will visit my home. As i live with my parents i am really worried about this. Can they do this and what should i do as i have no money to pay.
  10. Thanks Jimbo, I was unaware that they had to go to court in order to change the payment amount, this now makes me realise why they told me the offer of a £1 was no longer acceptable as they were clearly trying to attempt to goad me in making some new offer due to the demand of full payment my only regret is that I didn't know about this website when they first contacted me as I would have cca'd them straight away.
  11. Cheers i'll make sure to post any further developments.
  12. Thanks Mate, puts my mind at ease somewhat, i'm wondering what new name they will use next. Its worrying having them phone all the time but from what you say this sounds like they are just trying to use another scare tactic on me thank god for this excellent site.
  13. HI Guys Since my last post Rockwell have attempted to phoned me around 25 times, I made sure I did not speak to them on any of these occasions well today I received the following letter: Notice of recovery Action Fenton Cooper is a specialist debt collection agency. We have been instructed by our client to collect recover this outstanding balance on their behalf. Read this notice carefully and follow the instructions and reply immediately. Failure to take the above action immediately may resulting the following actions: 1 A DEBT COLLECTOR MAY CALL AT YOUR HOME 2 A COURT JUDGEMENT / DECREE MAY BE REQUESTED You should be aware that any court costs awarded will be added to your debt Your faithfully Fenton Cooper By the way it is important to note that this company just happens to have the exact same address as Rockwell, my question is what should I do next I live with my parents so I assume they would not be allowed to call upon their house, does anyone have any advice on how I should proceed. Thanking you in advance
  14. Hi Guys I’ve spent a week thinking over my decision and have decided I am not going to continue paying the £1 in part as they have told me more than once that this is no longer acceptable and "that they are not prepared to continue accepting £1 per month". Do I need to send them a letter informing them of this or should I just take no further action and wait for them to send me another letter. Thank you kindly for all your outstanding Help.
  15. Thanks guys for all help I really appreciate it and will be making a small donation to the site for the help I’ve had. I hope you guys could give a little more advice in that if I follow the advice given by DonkeyB and PGH7447 should I write to Rockwell and tell them I will no longer be making any payments and that I want them to enforce the original default issued and if doing this should I be worried about the case of MCguffick v RBS that they quoted at me or should I just do nothing and simply stop paying the pound and have no further contact with them, also if I could ask firstship why he thinks it would be best for me to continue paying the £1 thanks guys.
  16. Hi guys thanks for your help so far Rockwell have replied to me with this letter, We note your request for a copy of the original agreement quoting section 77-79 of the consumer credit act 1974. Unfortunately the agreement is no longer available. We are therefore unable to comply fully with your request however we enclose a statement of the account showing payments made to us since agreement. Notwithstanding this loan remains valid and we except you to meet your obligations under the agreement. We acknowledge the fact that until we comply with our obligation to send you a copy of your credit agreement pursuant to S.77 (1) of the consumer credit act 1974 (CCA) we can not enforce your credit agreement through the courts. This is not in dispute Whilst we are unable to take legal action to enforce the loan this does not affect the validity of the underlying debt. Section 77(4)of the CCA does not make the agreement void, therefore as the debt still exists we are entitled to carry out any actions that do not amount to enforcing the agreement including demanding payment, charging interest, transferring the debt to a third party, Registering the debt with a credit reference agency and issuing a default notice. This was upheld in the recent case of MCGuffick V Royal Bank of Scotland plc. We therefore reserve our right to register any default with the credit reference agency. In respect of any claim that this debt is in “dispute”, we agree that the agreement is unenforceable in a court of law as explained above however we can prove that the money lent to you has not been repaid to date and therefore neither of these facts are in dispute and we consider this matter resolved. Please therefore continue with your payments towards the account. Were do I stand on this as the letter they sent my last week stated the £1 payments were no longer acceptable and that they will take litigation if I don’t pay, also why are they referring the money owed as a loan when it was a credit card with the HSBC should I continue paying a £1 any help would be really appricated as I don’t really know what to do at this point.
  17. Thanks guys i'll let you know when they reply.
  18. Hi guys i am going to take you advise and send them a CCA right away can anyone give me any more advise
  19. First of all thank you all for your help, the letter I received from (the HSBC) when they purchased the debt stated that the above account (HSBC) has been assigned to Phoenix Recoveries (UK) Acting in the name and on behalf of Tessera Recoveries and that phonenix recoveries have appointed Rockwell collection agency to manage my account. Rockwell sent more or less the same letter word for word except they said the full amount of £4,000 was now due and that and that under the terms of defined in the data protection act 1998 we are now the data controller of your personal data contained in the records of this account (HSBC) I was unsure what that actually meant as I am uneducated in such issues The most recent letter which was from Rockwell stated that their clients Phoenix recoveries Uk ltd SARL have confirmed they are not prepared to continue with the current situation, the payments I have been making have been to Rockwell I did ask in my letter to them could you please provide me with a copy (proof) that you now own the debt that was previously held by the HSBC (I wish I had asked this when they first claimed the debt) they replied back stating "your past payments, and telephone contact is your acknowledgment and acceptance of this debt. I never CCA rockwell or phonenix all the contact I have had has been with rockwell the telephone conversation they mentioned took place a while ago with quite an aggressive guy the first time he phoned he was telling me I had to pay and asking could I borrow the money to pay them or take it off another credit card he said he was phoning on behalf of rockwell. Would it be worth me CCA them now or has that ship sailed thanks again for your help
  20. Hi Guys thanks for moving the thread for me, I never had PPI as they (the HSBC) gave me the credit card when I Started university I think I may have had a few late payment fees as charges but don't have the statements to prove this.
  21. Hi Guys I hope I have placed this thread in the right area. I was wondering if someone could give me some advice. Several years ago I ran up a credit card debt with the HSBC of £4,000 after paying £90 interest for months on end I finally yielded and defaulted on the debt, I went to my local CAB and agreed a token payment of £1 per month. After several months the HSBC sold my debt to Rockwell debt collection and I received a letter from them acting on behalf of phoenix recoveries demanding payment of the £4,000 within 7 days, stating that phoenix recoveries acting in the name of Tessera recoveries as assignee of the HSBC bank and all HSBC’s rights in, to and under the above account, and that under the terms of defined in the data protection act 1998 we are now the data controller of your personal data contained in the records of this account (HSBC), they also phoned and spoke to me, when I told them I couldn't pay the guy asked could I take the money off another credit card to pay them I didn't think this was right so I went to my local CAB and they negotiated the same deal that I had with the HSBC of £1 per month. I’ve been keeping to the deal but last month they again sent me a letter (after leaving about 12 phone messages) stating I had to pay the full £4,000 within 7 days, a family member offered me a loan of £800 to offer them as a token payment under the proviso that should they accept the debt would be wiped, they replied by letter stating that this offer was unacceptable as was the offer pre existing offer of £1 per month, and that they would accept £3,000 to clear the debt and that if I could not pay this or come back with a better payment option they would pass my account over to their litigation department, what does this mean ? My other question is could I still challenge this debt as being unenforceable as when I asked for proof that I owe them the money they said that my past payments, and telephone contact is my acknowledgment and acceptance of this debt. Also I do not want to be forced into bankruptcy as I still owe 11,000 on a student loan and while I am unemployed at the moment I am making good on several repayments I owe to other companies however I don’t have any money to offer Rockwell I wonder what they can do to me as I have no assets and live with my parents could they force me into banruptcy ? could anyone give me any advice it would be very much appreciated. Thankyou for your time.
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