Roxburghe

[deathbycrayons]

My husband has recently had his debt with Nationwide taken over by Roxburghe. After Moorcroft rejected our £1 offer and referred it back to Nationwide, Roxburghe are now dealing with it.

 

They have called several times, both on our landline and on his mobile, despite our recent letter offering payment of £1 a month, enclosing a financial statement, list of other creditors and a request that they do not contact us by phone, stating section 40 of the administration on justice act 1970 and the protection of harassment 1997.

 

Yet they are still calling us, and also rejecting our offer of £1 saying that they will put it down on file that we are refusing to pay, and that they will refer us to their solicitors. We have sent all written correspondence by recorded mail.

 

Anyone else had problems with these idiots? They are also really rude. My husband rang them up and made a formal complaint about the way they have been handling this, and spoke to someone called Bruce Church who I beleive is a supervisor.

[mickyblueyes]

Hi

Have you sent the CC request letter?

 

Mick

[deathbycrayons]

What's a CC request letter?

[rory32]

Hi and welcome to CAG.

 

What type of account is this e.g. loan, credit card, overdraft and when was it taken out?

 

Are there any charges on the account and if so do you have any idea what percentage of the balance these might be?

 

Anyone else had problems with these idiots?

You'll find lots of threads on Roxburghe on CAG.

 

Are you logging the calls? If not you need to start doing this. The alternative is to get call barring or inform your phone line supplier that you are being harassed and they will change your number straight away FOC.

 

My husband rang them up and made a formal complaint about the way they have been handling this

They're unlikely to take any notice of this. Do not speak to them on the phone. It is a complete waste of time and telephone calls can later be denied. You must conduct everything in writing from now on.

[deathbycrayons]

Hi and welcome to CAG.

 

What type of account is this e.g. loan, credit card, overdraft and when was it taken out? quote]

 

This is a Nationwide overdraft that went over it's limit and is made up almost entirely of charges. It's for around £1300.

 

We have not been logging the calls but from now on will do so.

 

I have had a look on the forums but could not find much relating to Roxburghe, will have to have a better look.

[mickyblueyes]

sorry meant to read CCA (consumer credit agreement)

 

you will find a copy on the forum

[deathbycrayons]

sorry meant to read CCA (consumer credit agreement)

 

you will find a copy on the forum

 

Mick I don't wish to seem ignorant but could you explain a bit more to me about a CCA request or direct me to a link explaining it please?

[rory32]

This is a Nationwide overdraft that went over it's limit and is made up almost entirely of charges. It's for around £1300.

The CCA request isn't really applicable to overdrafts as they have part V (form and content) exemption from the Act.

 

Do you have your statements for the account? If not you will need to send a SAR to the bank and start the process of reclaiming the charges.

 

Here is a letter you can send to Roxburghe. Send it recorded delivery and do not sign the letter.

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[deathbycrayons]

The CCA request isn't really applicable to overdrafts as they have part V (form and content) exemption from the Act.

 

Do you have your statements for the account? If not you will need to send a Subject Access Request to the bank and start the process of reclaiming the charges.

 

Here is a letter you can send to Roxburghe. Send it recorded delivery and do not sign the letter.

 

 

Thank you. Would we have to send that to the orginal creditor (Nationwide) or the collection agency acting on their behalf? Also, we have already requested a refund for charges with this Nationwide account and they have said it's on hold untill the end of the Test Case. So technically they can't demand money from us if we dispute it, yes?

[deathbycrayons]

Also why not sign the letters? We always send them recorded

[rory32]

It's generally a good idea not to give DCA's your signature as it's very easy to scan and paste your signature onto another document. There is no legal requirement to sign letters, although if you wish to sign them rather than just print your name you should use a digital signature.

[rory32]

I forgot to give you a letter regarding the telephone calls, so here's one that you can send:

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

[aralitra]

Hi there everyone. I have just received a letter from Roxburghe saying I have to pay £477.12 from an old debt ( Littlewoods ) which I have a balance long time ago - 2004. I haven't received any phone calls yet from them and I am planning to send them a CCA request. Could you help me what is the proper CCA I can send them? As far as I can remember this is an old balance debt, year around 2004 and could it be possible that an old unpaid debt can be statute barred? Thanks a lot in advance

[rory32]

Hi aralitra.

 

You really need to start your own thread on this to receive the necessary help and advice but to start you off use template N here for the CCA request. Send it recorded delivery with a one pound postal order. Do not sign the letter.

 

As far as I can remember this is an old balance debt, year around 2004 and could it be possible that an old unpaid debt can be statute barred?

A debt only becomes statute barred if it has not been acknowledged for a period of 6 years in England/Wales. Acknowledgement of the debt is either by way of making a payment towards the account or by way of a written offer of payment towards the account.

[aralitra]

thanks rory32, will do that...

[deathbycrayons]

Today we received another letter from these idiots. Basically the jist of it was that they won't accept our offer of £1, and that we need to submit a financial statement (even though we already have done, when we submitted the offer). They are asking for £10 a month, to 'cover administration costs'.. how ridiculous. I've already sent a letter explaining that it is all we can afford, and that should we give them anymore it would be unfair to our other creditors. I also put in another copy of our financial statement. Sent by recorded post.

They're just not listening. I've gone onto their website https://www.roxburghe.com/faq.php

and submitted a £1 payment through their online page. So that way, they can't say that we're refusing to pay. Also, check this page out - it's all lies!

https://www.roxburghe.com/help/ After the way they spoke to my husband on the phone, that webpage is laughable. Especially the part saying "If you are experiencing any problems you must call to let us know and maybe we can help further, this will prevent any possible further action being taken against you."

[deathbycrayons]

Anybody able to help me out with a letter I can send them for ignoring all my letters and offers of payment? The snottier the better. They won't give me bank details to set up a standing order, and they're refusing my payments I try and make on their website for £1. It goes through on the site but isn't going out of my bank account so I don't think they're accepting it.

[emmaf01]

If your alleged debt is mostly made up of bank charges applied to your Nationwide overdraft, you can claim them back. This will reduce the debt/eliminate it altogether.

 

Do you have all of your statements from Nationwide showing the charges?

 

Don't worry about the DCA right now, let's formulate a plan to knock out both them and Nationwide at the same time!

[deathbycrayons]

We've already put in a claim for the charges to be refunded, with Nationwide, but due to the test case they've told us it's on hold. Despite us being in a state of severe financial hardship.

[deathbycrayons]

Also, is there a form of CCA or some kind of equivilent for overdrafts?

[emmaf01]

Not for overdrafts I'm afraid.

 

How have you given evidence of hardship to the Nationwide?

 

And if you have already put in a claim for the charges then the account is in dispute with the original lender Nationwide- therefore the account should not have been passed to a DCA. The account is in dispute and has been since your prelim letter. That is the end of it as far as Roxburghe is concerned.

[deathbycrayons]

Not for overdrafts I'm afraid.

 

How have you given evidence of hardship to the Nationwide?

 

And if you have already put in a claim for the charges then the account is in dispute with the original lender Nationwide- therefore the account should not have been passed to a DCA. The account is in dispute and has been since your prelim letter. That is the end of it as far as Roxburghe is concerned.

 

Thanks. Is there a template letter I can use to send to Roxburghe telling them that the account is in dispute? Should I CC it to Nationwide?

[deathbycrayons]

Oh and sorry yes we have given evidence of hardship to Nationwide and they said that they didn't view it to be severe enough and we'd have to wait untill after the test case.

[rory32]

Is there a template letter I can use to send to Roxburghe telling them that the account is in dispute?

You've already sent them one.

 

Oh and sorry yes we have given evidence of hardship to Nationwide and they said that they didn't view it to be severe enough and we'd have to wait untill after the test case.

 

Have you approached the FOS or filed a claim at court?

[deathbycrayons]

You've already sent them one.

 

Have I?

 

Have you approached the FOS or filed a claim at court?

 

No, how do I go about doing that?