Rockwell and CCA

[fedupwithdebt2009]

Hi am new here and in need of a bit of advice. I have a debt of £2 from M&S that I defaulted on in 1998. I have been paying this company Rockwell since 2003, £5 per month. Last year I asked them to p[rove the debt by requesting a CCA from them. They sent me a copy of the application form I signed in 1994, and nothing else. There are no terms and conditions and no details on how the debt is to be repaid. I have, since october 2008, withheld payment to them, since my circumstances had changed. Now they are getting heavy saying they will take me to court etc and, when I mentioned the CCA, they said, and I quote:-

 

"Turning to the copy Application forwarded to you, please be advised that under the consumer credit act 1974 this is the document required to be produced to you and which you have acknowledged recieving. There is no such doccument as a "CCA" as you have mistakenly suggested"

 

Is this right? I dont want to go to court but if I do then I will dispute this.

 

Any advice would be most welcome.

[fedupwithdebt2009]

Sorry that should say £2K!!!! And it was a charge card.

[silverfox1961]

Morning,

Store card,Charge card,Credit card. doesn't matter. Thay are all covered by a Consumer Credit Agreement and if the can't provide a copy then you are well within your rights to stop paying them until a valid one turns up.

 

Are you able to post up this application? Obviously cover up all identifiable details and let the experts here have a look.

 

If you need help on doing that, just shout.

 

fox

[fedupwithdebt2009]

hi thanks fox, I'm shouting cos I dont have a clue how to post it on here sorry!

 

Its not a very good photocopy in the first place but tell me what to do and I will have a go

 

fedup

[silverfox1961]

Right, it's quite easy really.

I stole this off fuzzybobble

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

 

 

Give it a go and if you get stuck, ask for help and we'll do what we can but when you copy the link make sure it's the IMG link.

 

fox

[fedupwithdebt2009]

Hope you can see it ok

Edited January 9, 2009 by fedupwithdebt2009

[fedupwithdebt2009]

[fedupwithdebt2009]

:D:p

[silverfox1961]

Easy isn't it

I'm still green when it comes to valid agreements but on first glance it looks pants

 

fox

[fedupwithdebt2009]

Big pants or little pants........

[silverfox1961]

Baggy pants.

As that is all they sent you then, in my humble opinion it is totally unenforcable. Where are the terms and conditions? where are the penalty charges?

Others will come on eventually and have a look but I think I'm fairly confident.

The next step is to send an A/C in dispute letter.

I have a generic one which I can let you have but you'll have to edit it to suit your situation.

 

fox

[fedupwithdebt2009]

Thanx, well they gave me till today to produce income and expenditure but as some silly fool (and I use that term loosely) crashed into the back of my car the other morning I have not had chance to do that yet.

 

In your humble opinion what should I do next, send that letter??, or wait till they threaten me again?

 

reallyfedup:|

[silverfox1961]

What a bunch of muppets, They have no right to your i & E details.

Even if they did have a valid CCA, you tell them what you will pay, not the other way round. The only person who can force you to pay is a judge and DCA's don't like going that route even though they threaten it will stupid regularity but that's not relevant at the moment.

send the A/C in dispute letter and see what they do.

 

fox

[fedupwithdebt2009]

Ok is that letter in the templates?

[silverfox1961]

I knew you would ask that question

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

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

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

DON'T hand sign it.

 

 

edit it to suit>

 

fox

[fedupwithdebt2009]

Am I THAT predictable??

 

Ok thanx to you foxy I am feeling better now, I will get that sorted. I cant remember exactly when I sent CCA request but I saved the recorded delivery reciept from the post office so will dig that out, should have date on that.

 

Once again thanx

 

notsofedupnow

[fedupwithdebt2009]

Hi this debt has now been passed on to Fenton Cooper has anyone any idea who they are??

 

Thanx

[fedupwithdebt2009]

Any one???

[silverfox1961]

Hiya,

Can't say I've heard of them but as your account was in dispute, it shouldn't have been passed on anyway.

Send them this.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1462657.html

 

Edit it to suit your needs.

I don't know who to give credit for it but it isn't me.

 

fox

[fedupwithdebt2009]

Hiya fox, thanks for reply, am just puttin me coat on to go post the VERY same letter!!!! Although the only thing I've added is a very large and very bold "TAKE NOTICE" at the top of the letter......I'm sick to death of DCA's sending out letters that they do their best to make look like a legal letter from a county court !!!!..........it will probably scare thye pants off anyone who is not a member on here

 

fedup

[fedupwithdebt2009]

Hi just an update....had a letter today from Fenton Cooper saying and I quote:-

 

"We can confirm that we are taking no further action and our file is now closed"

 

[silverfox1961]

OH COOL.

Strike one to you, They won't be taking any further action and closed their file but I bet they try to flog it on to some other unsuspecting DCA. You will be able to see them off dead easy now.

Just the merry-go-round to follow until the DCA's run out.

If you're dead lucky, that'll be it, finished

 

fox

[fedupwithdebt2009]

Hi just an update with this....Fenton Cooper passed my account back to M&S who are getting stroppy with me saying I have to ring them to disscuss this and that the CCa (application form) provided is enforcable, as they have "checked with their legal dept"!!!!

 

Once again just to check, if anyone who has not had a look at the copy of my cca on page one of this thread, pleasee do so and advise.....my husband has an account with them and they sent him a copy of the application form...from 1994!!!

 

I would l=really appreciate some advice on this as they are turning up the heat and I fear they wont stop.

 

Thanks in advance

 

Fedupagain!!!

[fedupwithdebt2009]

Bump

[silverfox1961]

If you haven't yet looked at this thread, I recommend you do.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

M&S are trying it on. Just because they say it's enforceable doesn't make it so. Only a judge could do so(and that's unlikey with what they sent)

 

Have you complained to them yet. If not, do so. You need a final response for you to complain to the FOS.

 

In the meantime, complain to Yorkshire Trading Standards and your local one. Probably nothing will come of it but by making TS aware of their practices, they may get a slapped wrist.

 

You could also send an A/C in dispute letter to M&S

 

fox