Advice please Rockwell/Tessera

[Sipea71]

Hi

 

I received a letter from Rockwell DCA in Feb 2008 regarding a Credit card debt to which I promptly sent a Statute barred letter.

I then heard nothing.

 

Yesterday arrived (5 months later) 16 sheets of A4 paper with no headings or titles etc, 1st of which has a reference ,my name and address clients name (Tessera) amount owed, amount paid (£0) and nothing else.

 

The following sheets were again something my 5 year old daughter could have printed (just being sheets of white paper) but each page was a monthly statement of the credit card showing Balance brought forward, Cash interest, purchase interest and any charges added dated from Sep 2001 to Dec 2002

These sheets also clearly show that the balance stopped increasing and charges not applied from 3 May 2002 with the same balance showing through until Dec 2002.

 

Also enclosed is a complement slip from Rockwell stating:

 

Please find enclosed copy documentation in response to your recent query.

 

Copy statements enclosed

 

If we do not hear from you within the next 10 working days, further recovery action will continue

Do these people have a case or are they trying it on?

Any advice anyone could give would be much appreciated as I do not know what to do now.

 

Best Regards

 

Simon

[postggj]

to me just over the statute barred limit

as long as you have not acknowledged in writing or paid any thing since may 2002 your in the clear

tell them this and to bog off

[fuzzybobble]

Sounds like they're trying it on. Send the statute barred letter again, and mention that if they carry on demading payment for a statute barred debt, then you'll report them to the OFT.

 

It's not unusual for the bottomfeeder type DCA's to try and get you to pay something or admit to a statute barred debt, so it starts the clock ticking for another 6 years. Admit nothing, pay them nothing, and eventually they'll go away. They buy the debt for pennies in the pound, and if they can get 1 in 50 to pay up, they make a huge profit.

[Sipea71]

Hi

 

Thanks for that, as far as I can remember I have never spoken to these people, let alone acknowledged the debt in writing!

 

Is there any sort of standard 'Bog off' letter available anywhere? lol

[Curlyben]

If you have already told them it is SB then throw this at them:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear sir/madam,

 

Thank you for your letter of the DATE, the contents of which have been noted.

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

 

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

 

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

 

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

 

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

 

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[Sipea71]

That may just do the trick !!

 

Should I enclose a copy of the original SB letter?

 

Thanks curlyben I like your style!! lol

[Sipea71]

Ignore my previous writing, still half asleep just seen the bit in the letter about enclosing a copy !

[ODC]

You can also have a go at them with the New CPUTR 2008 regulations. Try this for size

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147893-complaint-about-being-threatened.html

[Sipea71]

Thanks for that I may save the last one for if they start hassling after the first letter is sent.

[Bridezilla]

Hi All, I have been trying to sort out a debt with Rockwell since November last year. I have sent CCA's to them and received nothing. In May (4 months after requesting it) they wrote to me saying HSBC bank have been unable to provide them with a copy of the original application and therefore they will not pursue this account any longer!! Great I thought...yesterday I received a letter from them accepting my one off offer to clear the account (this offer was made in Dec last year).

Can they now ask for payment after sending a letter saying they will not pursue the account??

This company are so confusing - any advice welcomed.

[ODC]

Hi All, I have been trying to sort out a debt with Rockwell since November last year. I have sent CCA's to them and received nothing. In May (4 months after requesting it) they wrote to me saying HSBC bank have been unable to provide them with a copy of the original application and therefore they will not pursue this account any longer!! Great I thought...yesterday I received a letter from them accepting my one off offer to clear the account (this offer was made in Dec last year).

Can they now ask for payment after sending a letter saying they will not pursue the account??

This company are so confusing - any advice welcomed.

They can ask but you can say NO!!

 

Had they been able to produce a valid CCA you can rest assured that they would not have accepted your offer. They are up the proverbial creek without a paddle as they cannot enforse the debt without a valid CCA. They should have accepted your offer in December.

[Bridezilla]

Thanks ODC that's what I thought . Should I respond or just ignore the letter?

[berrylover]

Just ignore it, they will come back at you with a load of threat-o-matics, but if they have no CCA then there is nothing they can do.

[ODC]

Thanks ODC that's what I thought . Should I respond or just ignore the letter?

 

Just ignore it, they will come back at you with a load of threat-o-matics, but if they have no CCA then there is nothing they can do.

 

Ignore their begging letters

[Bridezilla]

As always brilliant advice, thank you!

[Sipea71]

Hi All

 

UPDATE TIME !

 

They sent me a copy of my original credit agreement dated 1999

and nothing else!? Does this mean anything?

 

Any advice would be very much apprieciated

 

Simon

[Sipea71]

I do mean a photocopy of my original agreement by the way

[postggj]

hi sipea, nice to hear from you again

so they sent you your agreement dated 1999, big deal, still statute barred.

 

if i were you send a letter to them (complaints department)

 

thank them for sending the agreement but they have not acknowledged my complaint. the account is statute barred and you require a full response to this matter. mention the addmin of justice act.

 

the dca are just trying it on, agreement means didly squat

 

inform them the account is still in dispute untill they address my complaint

 

send recorded delievery

[notsoevil]

Ditto POstggj, if it is still in dispute they cant keep sending you must pay letters etc.

[Sipea71]

Thanks Guys

 

I think I'll give ODC's letter a go!

I'll keep you posted

[Bridezilla]

OMG!! This company are driving me up the wall. They sent me a letter in July chasing a debt that they had told me they had no CCA for (see osts on 13th July). I ignored their letter and today received 3 letters from them all dated 19th Aug. 2 are identical and thank me for my recent correspondance (I haven't sent any) and say if I send payment of X amount within 14 days they will accept it as full and final payment. The other letter is threatening court action, bailiffs etc. Shall I send them a copy of the letter they sent months ago saying they would not pursue this debt? Surely this is harrasment? Any advice greatly appreciated.

[Bridezilla]

Hi guys sorry to bump but does anyone know of a template letter or link that will help me with a response to this company??