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VOLVO v Rockwell DC(Marks & Spencer) Personal Reserve Account


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Hi All

 

I sent a CCA request to Rockwell on 26/5/07 for the above assigned M+S

account.

They responded on 10 July 2007 with a large amount of statements and a almost unreadable copy of the 'agreement' which i dont think has the prescribed terms etc., which in those distant days i took at face value and agreed to continue my reduced monthly repayments to them, thereby acknowledging the debt i suppose.

 

Having had time to reflect, can i now reissue a new fresh CCA request to them or is there a limit on how often i can request this.

 

I really would like to start the ball rolling again on this one, as i am pretty sure what they will supply will not meet the CCA requirements.

 

Grateful for any advice.

 

VOLVO

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You would need to wait one month from the previous request before sending another one from the date that they originally complied. However, they have not complied with your original request as the copy of the agreement needs to be legible.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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An illegible copy of the agreement is not compliant with Regulation 2 ,Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) and is not enforceable.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The fact i reinstated payments will not make any difference i assume as by not being legible they have not complied fully with the cca request, so no need for a new request, just to advise their non-compliance.

 

So i can cancel the payments forthwith, yes.

 

VOLVO

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The fact i reinstated payments will not make any difference i assume as by not being legible they have not complied fully with the cca request, so no need for a new request, just to advise their non-compliance.

 

Yes
So i can cancel the payments forthwith, yes.

Yes, you can legally withhold payment.
  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Hi

 

Pse see attached correspondence received today from Rockwell DCA

regarding my complaint dated 28th Jan 2008 relating to illegible CCA

supplied with also lack of Terms ans Conditions.

 

Anyone like Curly or Rory able to offer advice on what and how to respond?

 

Thanks

 

VOLVO

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Could a MOD move this to the Debt Collection Industry area, Please.

 

Done :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If this is the best copy that's available, then it's pretty useless... whatever it is. Are you able to make out anything on there ?

 

Personally, I wouldn't respond to their letter for now. Its content suggests that it's an Application anyway....

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I can just about make out a lot of it from the copy they sent me but i cannot see any prescribed terms etc.

 

My letter of 28/1/08 to them was a "Formal Complaint" but there response i received yesterday has not included any thing about their complaints procedure at all.

 

Really want a nice letter to respond to them with as a complaint.

 

Should i pass this to the FOS as well or instead?

 

VOLVO

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You have nothing further to say to them.

You have already sent them a The Library's formal complaint and said what further action you will take.

Time to take this to Trading Standards for action.

 

Give Consumer Direct a call for starters and they will forward your complaint to TS for action.

Be VERY careful whose advice you listen too

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And don't forget the FOS too as they seem to have given you their final response on this matter.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Received a reply a few days ago from Rockwell that they had returned the account back to original creditor and had closed their file on this.

 

Fingers crossed M&S dont sell it on to another DCA

 

VOLVO

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  • 1 year later...

UPDATE

 

Hi all

 

Today i received in the SAME envelope the following from Lowells.

 

This account had been passed by M&S to Rockwell DCA on 4th aug 2003 to whom i had been making token payments until i did a CCA request to them on 26th May 2007 who could only obtain a illegible copy of an agreement (application form) minus prescribed terms on 10th July 2007.

 

I told them this and complained to FOS and to Rockwell who then returned the account to M & S on 24th April 2008.

 

Quite surprised to receive this today from Lowells.

 

Is ther a template response letter and should it be to M & S or Lowell, or both??

 

Grateful for any help

 

 

IMG-6.jpg

 

IMG_0001-3.jpg

 

Thanks

 

VOLVO

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