Ah, but Rockwell don't have it. They gave up. A company called Wescot wrote to me 6 weeks ago and I've heard nothing since!

The debt appears to be bad because two of the remaining partners re-negotiated terms with the bank after my wife and I left the business in 2007. We know absolutely nothing about the matter and the bank of course know this to be the case.

You'll first need to CCA the dca. This forces them to provide the paperwork that allows them to collect the debt. If they cant provide paperwork, then you throw the debt into serious dispute and forget about it. If they can provide paperwork, then your next step is to SAR the original creditor and get all the info they hold on you. Then its a case of scouring through the paperwork and checking every part to see why the debt is unenforceable.

 

It could be the debt has no paperwork, it might be chock full of unfair charges, it could be laden with PPI etc. Thats where the SAR is very very useful. Remember, to a DCA you are just a single line on a spreadsheet. They have no info on you, nor do they care. Thats why they always say "we have asked the creditor to supply paperwork and will place your file on hold". This is enough to make you laugh as you would have thought they would already have the paperwork in order to harass you for a debt

 

 

DCA's rely on lies and misinformation and hope the debtor doesnt know what to do or their rights. When someone comes along who does know whats going on, it is very easy to show them up for what they are.

What is meant by "CCA the DCA"? Does this mean that I should ask the DCA for some positive proof of assignment from LTSB that gives the DCA the authority to collect on LTSB's behalf? If this is in fact what you mean it is this very proof of assignment that I requested from Rockwell that made them give up and why I am now faced with demands from Wescot!

You'll first need to CCA the dca. This forces them to provide the paperwork that allows them to collect the debt. If they cant provide paperwork, then you throw the debt into serious dispute and forget about it. If they can provide paperwork, then your next step is to SAR the original creditor and get all the info they hold on you. Then its a case of scouring through the paperwork and checking every part to see why the debt is unenforceable.

 

It could be the debt has no paperwork, it might be chock full of unfair charges, it could be laden with PPI etc. Thats where the SAR is very very useful. Remember, to a DCA you are just a single line on a spreadsheet. They have no info on you, nor do they care. Thats why they always say "we have asked the creditor to supply paperwork and will place your file on hold". This is enough to make you laugh as you would have thought they would already have the paperwork in order to harass you for a debt

 

 

DCA's rely on lies and misinformation and hope the debtor doesnt know what to do or their rights. When someone comes along who does know whats going on, it is very easy to show them up for what they are.

Many, many thanks. Sound advice...as always.

Not 100% of the time, but 99.99999999999999999999999999999999999999999999999999999999999999999% of the time. If rockies has hold of the debt, then its almost guaranteed that its bad. It's your job to find out how it's a bad debt.

Thanks again Renegadeimp. Have you any suggestions as to how I might find out how it's a bad debt?

Renegadeimp, thanks. Are you saying that Rockwell are only ever used when the debt cannot be enforced? If so, then surely that' s an end to it?

Intend, thanks also. Are you suggesting that I write to Wescot telling them that the account is in dispute with Rockwell?

Thanks Mike. How on earth do I find out who actually owns the debt? Both Rockwell & Wescot say that they are acting on BEHALF of Lloyds TSB but I have my suspicions. I can't figure out why Lloyds TSB didn't attempt to recover a sum of this size themselves.

Rockwell have failed to furnish me with any proof of assignment by Lloyds TSB and cannot therefore demonstrate to my satisfaction that they have any right to collect anything on behalf of Lloyds TSB.

I have now received a letter from another company called Wescot saying that THEY are working on behalf of Lloyds TSB.

I wonder what on earth is going on here?

Send Rockwell a formal complaint that:

You deny any liability for this debt.

They have failed to respond to your letter of 21st Sept.

They have failed to provide any evidence of your liability for the debt.

They have also failed to provide any information that allows you to either verify the sums are correct or establish that they have the right to claim any sum at all.

That the account is therefore in dispute.

That you care fully aware of the OFT guidance on debt collection and any further recovery activity on this account will be provide matter for further complaints to the relevant authorities.

As soon as you get a letter from Fenton Cooper, send them a reply disputing the account with a copy of the letter to Rockwell.

 

 

 

 

They ignored your prove-it letter - complain to the OFT and Trading Standards.

@Bandit127. Thank you, I've done just as you suggest (and copied in/complained to OFT & Trading Standards). I'll let you know what happens in due course.

Update!

I sent the "Prove It" letter to Rockwell on the 21 September (sent "Signed For", and I have proof that they received it). I heard nothing for a month then on 20 October I received another letter from Rockwell saying, "Despite our previous correspondence the above debt remains unpaid". They have given me 7 days to pay or they will either commence court action or I will get a visit from a debt collector. This latest letter of theirs was unsigned.

I sent them another "Prove it" letter. They have completely ignored it and sent me a letter telling me that they are referring the whole thing to Fenton Cooper who will be taking me to court.

It is a "we may do x, y or z" letter.

£22K. They just write and say that they are acting on behalf of the bank. Forgive me, but what is meant by "Assigned"?

A DCA that claims to be working on behalf of a bank is threatening to take me to court over an outstanding debt. Can they do this or is it only the bank (ie, the owner of the debt) that can

Apologies, post removed as erroneous statement was made

Update!

I sent the "Prove It" letter to Rockwell on the 21 September (sent "Signed For", and I have proof that they received it). I heard nothing for a month then on 20 October I received another letter from Rockwell saying, "Despite our previous correspondence the above debt remains unpaid". They have given me 7 days to pay or they will either commence court action or I will get a visit from a debt collector. This latest letter of theirs was unsigned.

Update!

See below

Thanks yet again. As I said earlier, I have already written to the DCA stating that I know nothing of the debt and I sent it recorded so I know they've received it. I'll keep you posted on what happens next. Your help is much appreciated.

I have moved house in the last 2 years so surely the DCA cannot even be sure that they are writing to the right person.

"...tell them to go and play in the middle of the motorway"!

If it turns out to be a bad debt then what do I do next? I am sorry to keep asking these questions. I simply cannot tell you how much I appreciate your help.

Thanks again. I'm sorry but I do not understand what is meant by a "bad debt". Also if it turns out that they are acting on behalf what would you suggest that my next step should be?

Thanks. I do not know if they or the bank own the debt. Because LLoyds have never contacted me I have written to Rockwell stating that I know nothing about the debt. (I am assuming that the debt is indeed a result of the business overdraught, it can't be anything else. I've never owed anybody anything in all my life!)

No. The remaining partners say that the signed copies along with other documents were lost to a flood some time ago. I only have the unsigned electronic copy sent to all parties by the companies solicitor.

My former business partners and I obtained an over-draught facility from Lloyds TSB in 2006.

Each business partner acted as guarantors on a joint and several basis.

I left the partnership in 2007 and have since discovered that the remaining partners did not inform the bank of the indemnity that they'd signed

relieving me from all guarantees relating to the business.

In the intervening years they have fallen into arrears with the bank and now I have received a letter from Rockwell demanding the full and immediate payment of £22K.

At no point since I left in 2007 have Lloyds TSB ever written to me to express concern over payments or to discuss any options that may have been available.

In addition Lloyds TSB have never informed me that the debt had been passed to a debt collection agency.

Any advice would be gratefully received.