Help with Rockwell/Lewis Group/Argos Card

[davebham1982]

Hi,

 

This is my first post on here.

 

A while back I was made redundant while I had an outstanding debt on an Argos Card. I was aware that in the event of losing your job the best thing to do is to tell the company you owe money to and to come to an agreement. I told the argos lot this and i've been paying £10 per month. However i've recieved a letter from Rockwell saying that that my agreement with them has expired and to avoid them taking action please call their pre-legal dept.

 

So I cancelled the direct debit that came out monthly and endeavoured to find the money they requested paid in full.

 

However today I noticed a new direct debit on the 29th of January for £11.86 to The Lewis Group that I had no knowledge of. I've called up my bank and they said if I owe the company and I have an agreement then they are entitled to do that.

 

Can anyone help me with what to do next as I dont trust these people as far as I could throw them.

 

Thank you.

[cerberusalert]

Cancel the DD and don't accept any piffle from your bank. Nobody has any legal right to set up a DD without your say so.

[42man]

Have you sent off for a copy of your agreement ?

[davebham1982]

The guy at the bank said if I have an agreement there is nothing they can do to stop the company setting up another direct debit after I cancel it.

 

What do I need to do to send off for the agreement? Is there a template letter for that?

[42man]

Send off letter 'N' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need to send this to whoever owns the debt, send it with a £1 postal order and send recorded, if they don't send this within 12+2 working days then they are in default of your request and cannot enforce the debt (although some will try !!)....

[cerberusalert]

Ask to speak to a superviser, whoever told you such rot is speaking out of their derriere. DDs can be cancelled at anytime. Tell them you do not have an agreement and that you have not authorised the mandate and that any 'charges' incurred because of this unauthorised & illegal DD will be the banks responsibility not yours. Then ask him for a copy of their complaints procedure.

[davebham1982]

Sorted out the Direct Debit.

 

And I am sending out a letter n from the templates tomorrow morning by recorded delivery with a postal order.

 

However I was just wondering what do I do next?

 

What happens if they dont reply in 12+2 days? Also is that business days or normal days? As the credit companys seem to count weekends when they want something.

[cerberusalert]

It's straight days, they have two working weeks + one weekend which = the 12 days. The + 2 days is just extra time that you have allowed if a second weekend falls into the time frame.

 

If they fail to supply The CCA in this time limit you can send the 'In Dispute' letter & you will be legally entitled to withold any payment until they comply to your request.

 

BTW, did you have any difficulty with the DD the second time?

[davebham1982]

No. Didnt have any trouble.

 

So how long after the 14 days do they have to bother to send me the documents?

[davebham1982]

No there wasnt a problem with the DD.

 

So basically they either comply in the time limit and I get a statement of whats gone on with the account and then I can talk about an arrangement/settling the account or they dont send me the proof and what next?

[cerberusalert]

You withold payment until they do provide one that is enforcable. Their hands are tied until they do because without one they cannot legally enforce you to pay anything.

[davebham1982]

ok. so what if they find one in two years time?

[cerberusalert]

It is rare for that to happen, but if it does payment would be due from that date. But they wouldn't be permitted to add interest or charges for the intervening time period.

 

Also if six years elapses between the last payment & them miraculously finding it, it would be statute barred.

[davebham1982]

I've recieved a letter last friday saying that they couldnt locate the documents and returned my postal order and saying they have closed their file.

 

I've sent the same letter off for my brother as he had two similar letters and he's recieved one asking for comfimation of address on one account and offering 50 and 25 off on the others if settled right away.

 

Any advice?

[cerberusalert]

If they are offering a discount like that the chances are they don't have a CCA for those accounts either.

 

How can they ask for confirmation of an address they've already written to, or was he living elsewhere when he had that account? If it was a different address all he has to do is say what that address was.

[davebham1982]

He was living somewhere else. However they want proof of where he was living and I dont think he's got any paper work from 2004 anymore.

[davebham1982]

So, in the case of my brothers account should I get him to write back referring to the previous letter asking where the CCA is?

[42man]

Yes....he is not obliged to provide any proof of identity.

[davebham1982]

Some more advice needed plz.

 

As I said earlier in the thread I recieved a letter from Rockwell debt collection agency saying that they couldnt provide the documents requested in the letter and that my file has been closed and returned the £1.00 postal order which was sent on the 9th of February.

 

Today I recieved a letter from another company called Moorcroft Debt Recovery Limited after the same debt.

 

What should I do?

[cerberusalert]

Send Moorcroft this with a copy of the letter from Rockwell;

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

[davebham1982]

So basically am I right in saying that Rockwell couldnt enforce it so have probably sold it to Moorcroft?

[cerberusalert]

Yes, more or less.

[davebham1982]

Should I get in touch with Rockwell and have a go at them? Or report them?

[cerberusalert]

See what Moorcroft do first & then kill two birds with one stone.

[davebham1982]

Quick update.

 

I've heard nothing back from Moorcroft or Rockwell and its been ages what do I do now?

 

Also the advice for my brother seemed to work apart from that Aktiv Kapital have instructed a Solicitiors called Buchanan Clark and Wells to write to him. He's going to scan the letter and send it to me but he's a bit busy looking after his 3 year old and his pregnant wife whos due in a month. However theres been no copy of the credit agreement or anything like that.

 

Thanks