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Rockwell Debt Collection Agency


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Hi,

 

I'm new here thanks to a google search for Rockwell Debt Collection Agency. Thanks for a very informative read :-)

 

First, some background...

 

Wne I was 20 (10 years ago) I was living hand to mouth without any real idea about responsibility. I took out an egg loan, and very promptly defaulted, and then rather than deal with the situation I buried my head in the sand and stopped paying altogether. I moved around a lot in my 20's, and as such I hadn't heard anything from egg since around 2001 / 2002 and I completely forgot about the debt / convinced myself it didn't exist.

 

Yesterday I received a letter from Rockwell telling me to call them to discuss repayment as the balance of the account had been recently sold to Tessera Portfolio Management.

 

I acknowledge that I should repay the debt, but at the moment I'm a little freaked out as I have finally settled down, gotten myself a steady (if low paid) job, and I'm going to be a dad for the first time in the summer so money is going to be too tight to mention. Plus my partner will go absolutely mental at me if she finds out about this :Cry:

 

So.. my question is... am I within my rights to send a Statute Barred letter to Rockwell?

 

Thanks in advance (and happy Friday!)

 

phunkymonkey

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Ok send them the CCA letter here. Dont phones these people and if they call you dont answer the phone do everything in writing.

You can adjust this letter to what you want.

 

Dear Sir/Madam

 

Re: Account/Reference Number:

 

With reference to the above agreement I do not acknowledge any debt to your company or your client.

 

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) CCA 1974 s.77 (1) for fixed sum of credit your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exsists.

 

3. You are notified that you are obliged to supply these documents whether you are the original creditor or not under s.189 of the CCA 1974

 

Non-compliance with my request is a criminal offence under the above act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 1974 and therefore is a complete defence to any court claim that is issued.

 

I have recieved no communications from ***************bin regard of this alleged debt. Under the OFT debt collection unfair practice guidelines whilst this debt is in dispute you must cease all collection activity, faliure to do so will result in this matter being notified to the OFT and may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I understand that these documents should be supplied within 12 working days and look forward to hearing from you soon.

 

Yours Faithfully.

 

 

 

Name.

 

 

DO NOT SIGN THIS LETTER PRINT YOUR NAME ONLY.

 

Hope this helps and dont be stressing yourself about it.

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I'll do that right now

 

Thank you :)

 

 

edit: quick question... do I put egg or Rockwell here?

 

"I have recieved no communications from ***************bin regard of this alleged debt. Under the OFT debt collection unfair practice guidelines whilst this debt is in dispute you must cease all collection activity, faliure to do so will result in this matter being notified to the OFT and may constitute harassment contrary to section 40 (1) of the Administration of Justice Act 1970."

 

Also, what can I expect to happen next?

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Also in the letter it must be stressed that the postal order MUST be used for your request of the CCA Agreement there have been times when DCA's have put this money on to the account instead of processing it for the CCA Request so watch out. Any other problems just ask we are all here to help.

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If you have not made a payment towards or acknowledged the debt in 6 years (5 in Scotland) then it will be statute barred, my feeling is that sending a CCA request will still allow them to potentially harrass you, whereas sending the statute barred letter, they can NOT continue to harrass you...this is what the OFT say

 

Section 2.14 (b) -

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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well if you send the SB letter that should be the end of it if that fails and they keep on at you report them to the OFT and the FOS and they should do something about it, if and it is a big if they send you a stat demand letter or anything like that then maybe send the CCA letter and is answer to your question from before sorry you put Rockwell's name in there because they are the ones that are chasing you for it, also when you send the CCA you just have to sit back and wait and if they do get back to you without an agreement it is unenforceable if they dont get back to you then it is debt in dispute, dont worry most of the DCA's now just chase after debts that have gone way past there sell by date like old sour milk.lol

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Anything you send to them send recorded delivery so you know that they have got it when they sign for it and then there is no way they can say "He didnt write any letters to us" blah blah blah. Again remeber any letters you send to them dont sign them, there has been talk of DCA's photoshopping a persons signature on to a fake agreement so just watch out, glad ya feeling better about this situation a bit more now, you'll be fine oh and welcome to caggers.:)

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no way they can say "He didnt write any letters to us" blah blah blah.

 

What if they say that egg have written to me at any of my previous addresses? Will the SB still be vaild?

 

glad ya feeling better about this situation a bit more now, you'll be fine oh and welcome to caggers.:)

 

Thank you :)

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I suppose so but if 42man comes back over he will point you in the right direction, it's best to go with the stat barred letter first as suggested by 42man and see how it goes, just remeber not to call the DCA and dont answer the phone to them like I say do it all in writing and if you need more help just ask we are all here to help you, again dont stress yourself out.

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I suppose so but if 42man comes back over he will point you in the right direction, it's best to go with the stat barred letter first as suggested by 42man and see how it goes, just remeber not to call the DCA and dont answer the phone to them like I say do it all in writing and if you need more help just ask we are all here to help you, again dont stress yourself out.

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I'm stunned. The original letter said to contact them by January 31st.

 

When I got home from work on January 30th there was a demand on my doormat, full of big red letters saying that if I didn't remit the full balance within 7 days then they would take immediate action.

 

Is this normal? :???:

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A demand !!! as in stautory demand ?? can you scan / photo it and post it up here ? this is unlawful.... use Image hosting, free photo sharing & video sharing at Photobucket (free) and there is a tutorial here - (delete all the personal details/reference numbers / exact amounts)..... - http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

I do hope you will take this to court, get it set aside and claim ALL your costs....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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No, it wasn't a statutory demand, it was just a letter stating the ways I could pay and that I needed to make a payment within 7 days. Lots of red lettering.

 

And I've just shredded the thing.... I'm really worried about my partner finding this kind of thing :(

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OK well once you have stated that you aren't paying towards a debt that is statute barred they can NOT carry on harrassing you....if yhey do then sened them a LETTER BEFORE ACTION as this is what the OFT say - section 2.14 (b) -

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Keep us posted as and when/if they respond....and I suggest you make an official complaint to the OFT - use the 'complaint form' here - (don't worry about not being an organisation)The Office of Fair Trading: Debt collection practices

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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ah, I follow you.

 

Well, they would have sent me the letter before they received my Statute Barred letter as I posted that the same day that I received this demand for payment. Which is why I am stunned, I received the demand letter the day after I received their notification that they had taken over the debt.

 

So if I receive any more demands for payment after what can be reasonably assumed is sufficent time for them to receive my registered post SB letter (i.e. today) then the above will apply?

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  • 2 weeks later...
  • 3 weeks later...

Hi,

 

There was a letter on my doormat this morning from Rockwell... Stating that despite their previous correspondance my account remains unpaid.

 

"The debt must be paid in full within 7 days. Failure to respond to this notice within the specified time will leave us with no alternative but to consider the options available to us which include:

 

1. A Debt Collector may visit your home

2. A Court Judgement / decree may be requested

3. Any court costs will be aded to your debt

 

I sent them a Statute Barred letter a month ago, they replied to tell me that their file was now closed on this matter. What should I do?

 

Thank you

 

:(

Edited by phunkymonkey
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Firstly you MUST report them to the OFT.....this is regarded as pure harrassment....send this recorded too

 

LETTER BEFORE ACTION

(date)

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I wrote to your company on (XXXXX) explaining that I had no wish to pay towards a debt that was barred by the Statute Of Limitations Act 1980, this was signed for by your company on (XXXXX)

5. I am now of the view that your actions are of pure harrassment and against the Office Of Fair Trading's guidelines on debt collection and also in breach of CPUTR 2008.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you once again,that even if the debt were mine, I would not pay it.

 

7. I am sure you are aware of the provisions of the Protection from Harrassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall be deemed to constitute harassment and I will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days together with a personal apology from your Managing Director in light of the upset this has caused me and my family. No more notice will be given with regard to the issue of a court claim, Failure to do so will result in me filing complaints with the Offfice Of Fair Trading, The Financial Ombudsman Service, Trading Standards, my local MP, and Gareth Thomas - Undersecretary Of State For Trade And Consumer Affairs.

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

  • Haha 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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