Rockwell and CCA

[fedupwithdebt2009]

hi thanks for your reply...yes I have sent the account in dispute letter but they are sticking to the "It's enforcable" line. The last thing I need is any more CCJ's dropping on the mat, and its getting to me a bit now, but I suppose I should be firm and just politely say "bog off" I just wondered what else they can do, apart from sell it on to some nice DCA............

[silverfox1961]

Morning,

Just re-read your thread and a couple of things occur to me.

 

Did you receive a default notice?

When the debt was sold, did you receive a notice of assignment?

 

If yes, did you acknowledge receipt of them?

 

If you're not sure it may be better to SAR M&S but in your request, put them to strict proof of delivery.

 

As M&S sold the account while it was in dispute, a complaint letter should be sent to them as well as Trading Standards, the FOS, your MP and the MP for the area M&S are in.

 

If you need to find your MP, I know a quick way.

 

fox

[fedupwithdebt2009]

Fox, this debt is SOOO old that I cant remember if I recieved a default notice or not. One thing I DO know is that, when I questioned them about the fact that they say in their letter about passing info onto relevant agencies......and I pointed out how long ago this was so why were they still doing that, and they confirmed that they no longer pass on info about this debt to CRA......

 

They pointed to the fact that, on the application form it states about it being a credit agreement and dont sign it if you dont want to be legally bound by it etc.

 

Does that mean it IS enforcable??

 

Also, when Rockwell took over collection there was no letter from M&S telling me they had sold it to them, so am I to presume they still own the debt, and are farming it out to DCA's to do their dirty work for them??

[silverfox1961]

Fox, this debt is SOOO old that I cant remember if I recieved a default notice or not. One thing I DO know is that, when I questioned them about the fact that they say in their letter about passing info onto relevant agencies......and I pointed out how long ago this was so why were they still doing that, and they confirmed that they no longer pass on info about this debt to CRA......

 

They pointed to the fact that, on the application form it states about it being a credit agreement and dont sign it if you dont want to be legally bound by it etc.If the prescribed terms are not on the agreement (APR, credit limit or a limit to be set and repayment terms) it is invalid despite your signature

 

Does that mean it IS enforcable??

 

Also, when Rockwell took over collection there was no letter from M&S telling me they had sold it to them, so am I to presume they still own the debt, and are farming it out to DCA's to do their dirty work for them?? You should have received a Notice of Assignment from Rockwell

 

 

Any notice of assignment (if not physically served to you) should be sent by recorded delivery. Have a look at the law of property act 1925

 

Law of Property Act 1925 (c.20)

 

If they cannot prove you received it, then it's invalid and you have cause for complaint.

 

fox