Help Please Regarding a letter from Rockwell DCA

[VIOLATOR]

I would be greatful if someone could help me with this letter i received this morning... http://img85.imageshack.us/img85/4893/62916084cg2.jpg The thing is the letter does not state what the debt is for and this is the first time i have ever heard from them. the only amount that it could possibly be for is a bank loan that i took out many years ago with HSBS., it was my account (no joint) and at the time i was unemployed, my wife was in a management job so the income into the bank account was quite substantial they allowed me the loan. Some time later my wife left her job due to differences with her employer, for some time we was paying the repayments but found that it was beyond our means.I contacted the bank who said if i couldn't make the repayments it would be handed to their recovery section. Some time later we heard from MSC who said the debt had been passed on to MCS and after sending them (MCS) certain information we made an offer to pay off the debt at £10 a month...not much i know but this was all we could really afford and as this was accepted we have continued to pay it each month without fail. MCS has contacted us a few times via phone to review the payments and we have been told that it would be fine to continue with the payments and it would be reviewed in another 3 months etc... We have not received any letter or phone calls to say the repayments had been canceled in fact December was the last payment i made and one is due before the end of this month. If they passed it onto Rockwell DCA should i not have been told that they had decided not to continue accepting my repayment as this letter i have received today comes as quite a shock. I would appreciate it if someone could help me with what i could do next...do i write to Rockwell? if so does anyone have a standard letter that i can send as i want to know exactly what the debt is for as nothing states what the sum is for. any help is appreciated...thanks in advanced

[42man]

You need to establish whether they are legally allowed to collect the debt...use letter N from the templates library

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Enclose a £1 postal order - DO NOT hand sign the letter - and in large letters at the top write I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY - send it by RECORDED or SPECIAL DELIVERY and keep a copy of the letter and the delivery receipt.

 

They have 12+2 working days to supply (if not then they are in default of your request) if after a further 30 calendar days they have still not supplied it then they have committed an offence under the Consumer Credit Act....

 

In the unlikely event they do provide a copy (bearing in mind it has to be a LEGIBLE copy and it has to have the prescribed terms and conditions and be properly executed - take all the details off what they send you, scan it and post it on here so we can establish if indeed your debt is legally enforceable...

[42man]

NEVER PHONE THEM !!! And also write in the letter - PLEASE NOTE I WILL ONLY ACCEPT WRITTEN CORRESPONDENCE - ANY PHONE CALLS MADE FROM YOU WILL BE REGARDED AS HARRASSMENT AND TREATED AS SUCH....

[Curlyben]

42man beat me to it

[VIOLATOR]

thanks for your quick replies...I'm going to send off the letter and postal order straight away...I'll let you know if i hear anything else...

 

again thank you...it is greatly appreciated

[VIOLATOR]

I sent off a CCA request on the 18th Jan (recorded)...the letter was delivered on the 22nd of Jan...how long is it before they are in default of the CCA request...as of today i have received nothing back yet...just wondering what i do next... any help would be appreciated...thx for the previous replies

[42man]

the default is after 12+2 WORKING days....not really much else you can do at this stage, if after a further 30 CALENDAR days they still haven't produced it complain like mad to their local TS, OFT, FOS and your MP if need be !!! I have sent CCA's off to DCA's and NEVER heard back from them...

[mr.ton]

The DCA can not do anything after their "review date" - thats just usual mumbo jumbo in the hope you will pay more after a certain time.

It is you who is the boss with these DCA's, not the other way round - you are the one who says what goes etc...

If £10 per month is too much for you, then either simply stop paying & let them take their "actions" against you (usually nothing ever happens) or INSIST that you are paying £1 per month due to "extreme financial difficulties"

They wont like that offer of course not, but its tough..like it or lump it really

[dpick]

I sent off a CCA request on the 18th Jan (recorded)...the letter was delivered on the 22nd of Jan...how long is it before they are in default of the CCA request...as of today i have received nothing back yet...just wondering what i do next... any help would be appreciated...thx for the previous replies

 

hi time scales for CCA request are 12 working days from receipt for them to default and a further calender month for them to commit offence though I have never heard of anyone being done for it. Some will say stop paying after default others after offence committed up to you I was lucky in that I already know that the company I cca'd had no signed agreement at all and I stopped payments on default.

 

all the best dpick:)

[VIOLATOR]

Over 2 months now and no letters received from Rockwell...iIf they have listed this debt to other credit agencies am i now in my rights to ask them to remove it from such lists?

[babybear39]

They cannot default your records whilst the account is in dispute.

[ianconstable]

Sorry to butt in, but I to have recieved a letter from them. under the same circumstances. But I phoned them and as I have now found outthat was a bad mistake. Can still carry out your procedures or have I shot myself in the foot.

 

Any help Appreciated.

 

Ian Constable.

[babybear39]

Hi Ian, you can at any time request your CCA Don't worry about phoning them, only written communication counts

[ianconstable]

Thanks babybear 39, i've opened my own thread now to carry on with the process and progress.

[fee106]

i sent the letter off, had a few letters back 1 with a statement of account then a letter telling me because of the age of the debt they can't produce the cca because of the age of the debt 1999,this was 4 mths after the 1st request for the cca, also they had put a print out of so called payments made by me (they say payment from agency) i don't recall ever making these payments but are still going for recovery action..what should i do now...thanks

[dpick]

i sent the letter off, had a few letters back 1 with a statement of account then a letter telling me because of the age of the debt they can't produce the cca because of the age of the debt 1999,this was 4 mths after the 1st request for the cca, also they had put a print out of so called payments made by me (they say payment from agency) i don't recall ever making these payments but are still going for recovery action..what should i do now...thanks

 

Hi no agreement = no legally enforceable debt tell them to get lost.

 

They will try to badger and threaten but they have nothing to take to court to be able to enforce the debt. It's up to you if you keep paying just because you have paid previously does not indecate a legal requirement to continue paying the debt. If you feel that the creditor/dca have treated you like s*** then you just tell them to get lost.

 

dpick:)