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Llewy67

Rockwell Debt Collection Agency. I have some queries, can anyone help?

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Hi all,

 

To cut a long story short.......

 

In 2006 I received a letter from Rockwell regarding a debt I had with my bank. Several letters and phone conversations later I agreed to pay them a set amount each month.

 

I have been making repayments for this debt since 2006, but they keep wanting more money from me!

 

I am not sure if making payments was the right way to go, but I have!!

 

I have just received a letter from them stating that they now want the full remaining balance by July 15th. I cannot of course do this because I struggle to pay them the amount I pay them now.

 

Rockwell state that my current payment is no longer acceptable and they want more money, or the entire balance.

 

My questions are these...

 

1/ Where do I stand regarding the payments? For example, Can they force me to pay more.

 

2/ As I am paying something, is this regarded in law as acceptible? Is there a minimum that should be payed?

 

3/ If this debt becomes 6 years old and I haven't paid the entire balance, is the rest written off? I have heard that debts are 'chased for 6 years' and then they can do no more to retreive the monies owed.

 

3/ Is there a way that I can find out when the debt is from? For example, the Year it started. In my case will that be 2006 when they contacted me?

 

I appreciate that I have not given too much information here, but the basics are there.

 

I hope some kind soul can help me with this.

 

Thanks in Advance.

 

Llewy

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Hello and Welcome, Llewy.

 

What was the debt ?

 

Regards.

 

Scott.


 
 

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You shoudnt have been paying them anything in the 1st place with due respect.

They are never happy & will always want more.

They had no legal authority to any money off you - only a court has this power.

Stop all payments immediately, demand full refund & report them to the OFT/trading standards.

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You shoudnt have been paying them anything in the 1st place with due respect.

They are never happy & will always want more.

They had no legal authority to any money off you - only a court has this power.

Stop all payments immediately, demand full refund & report them to the OFT/trading standards.

on what grounds can they be reported to the OFT? apart from the fact that the OFT cannot become involved in individual disputes and you at least need grounds for a complaint to Trading standards and i see no grounds there. of course if im missing something im sure you will enlighten me on that point

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on what grounds can they be reported to the OFT? apart from the fact that the OFT cannot become involved in individual disputes and you at least need grounds for a complaint to Trading standards and i see no grounds there. of course if im missing something im sure you will enlighten me on that point

 

Demanding/obtaining money out of the individual without any legal authority to it in the 1st place....

Dont let that simple fact be overlooked :rolleyes:

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Demanding/obtaining money out of the individual without any legal authority to it in the 1st place....

Dont let that simple fact be overlooked :rolleyes:

No this is not sufficient to sustain such a complaint and in any event you miss the point that consensual enforcement is permitted under s173(3) Consumer Credit Act 1974 where the debt is regulated by the act

 

in addition,

 

There needs to be a clear breach of OFT guidelines on debt collection or a breach of a statute. no there is no breach in the statement above of the OFT guidance so i have to ask which statute you rely upon to advise someone to stop paying

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1/ Where do I stand regarding the payments? For example, Can they force me to pay more.

 

They can alwyas ask but it is important to only offer what is affordable, the best way to make your offer of payment is always in writing via a statement of your means (aka an income/expenditure form!)

2/ As I am paying something, is this regarded in law as acceptible? Is there a minimum that should be payed?

This would be determined by your own affordability - The best way to work this out would be via the income/expenditure form

3/ If this debt becomes 6 years old and I haven't paid the entire balance, is the rest written off? I have heard that debts are 'chased for 6 years' and then they can do no more to retreive the monies owed.

you need 6 clear years of no payment for this to happen, I'm not sure that would be the case for you.

3/ Is there a way that I can find out when the debt is from? For example, the Year it started. In my case will that be 2006 when they contacted me?

You may wish to send them a CCA request, this would entitle you to a full statement of account. If you're not sure what a CCA request is please give us a shout and we will fill you in.

 

Best wishes,

 

Seq

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I dont imagine there had been any "consenting" here at all - no doubt been threats of this,that & the other if the OP didnt pay up - they said jump, the OP said how high type senario originally..

If thats not a breach i dont know what is :rolleyes:

You want to know why i advocate the "stop paying" theory? - because the only place/organisation with any authority to obtain/demand money out of the individual is the court system.

Surely you must know that ;)

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Just to stress....i do not advocate stopping payments if a court has authorised you to pay how ever much, you comply with that at all times as there is consequences of not doing so etc...

But when it comes to DCA's - absolutely as there is no consequnces whatsoever other than them...errr..... going to court ;)

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Just to stress....i do not advocate stopping payments if a court has authorised you to pay how ever much, you comply with that at all times as there is consequences of not doing so etc...

But when it comes to DCA's - absolutely as there is no consequnces whatsoever other than them...errr..... going to court ;)

 

Not everyone wants the stress of further action. Believe it or not some people actually wish to pay the money back that they have borrowed - Just in a reasonable way.

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however, i must point to anyone reading the advice of Mr.Ton above, before you take the advice and follow it

 

IF THE COURT ORDERS YOU TO PAY, YOU WILL HAVE A CCJ REGISTERED AGAINST YOU BY VIRTUE OF THE COURT ORDER

 

an important point to note and one that can leave some people in certain employment positions unemployed if they have a CCJ so stop and think about that for a minute

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Just to stress....i do not advocate stopping payments if a court has authorised you to pay

erm the court doesnt authorise you to pay IT ORDERS YOU there is a difference and one that needs to be distinguished

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Not everyone wants the stress of further action. Believe it or not some people actually wish to pay the money back that they have borrowed - Just in a reasonable way.

 

Futher actions very really happen anyway ;)

The OP has stated that the DCA is demanding more & that they are struggling.

I have reasonably told them that they are legally not entitled to anything in the 1st place, only the court is - so they in no position to dictate what they want & when etc..

If the OP wants to pay back then fine.

But it should be for a court to decide the amount, based on the OP's outgoings etc...

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erm the court doesnt authorise you to pay IT ORDERS YOU there is a difference and one that needs to be distinguished

 

Thats what i meant..sorry if i didnt use the correct word :rolleyes:

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I tell you what...sorry i spoke - to the OP, best wishes & just pay up.

Bye from me on this thread :)

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Tell us what the debt is for,a CCA request is poss the best way to go.They are bullying you so lets get as much info as poss and maybe we can give more positive help to you ,good luck

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was it for a bank account or loan or credit card or overdraft?

 

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Hi All,

 

Thank you all for you comments.

 

As I said in my original post, I didn't give much away.

 

So to clarify....

 

The money owed is for a bank loan that I took out and unfortunately found myself in a position where I was unable to continue making the payments. I did approach the bank about my financial situation (which I believe they tell you do!!), but after looking at my income/expenditure they told me there was nothing they could do.

 

I would like the debt written off, but I realise that this is probably not possible, so I am willing to pay what I am already paying, but no more. As this is all I can afford.

 

I have written a breakdown of my income/expenditure and most months I have nothing left for this debt, but I feel I have to pay.

 

I would happily stop the payments if I thought Rockwell where unlawfully taking them. I have no issues with cancelling the payment. In fact I would be happy too!!

 

How can i get a CCA? It sounds like a good place to start.

 

I have a letter from the bank (that the original loan was with) stating that they have sold the debt to Rockwell and all payments must now go to them. Does this allow Rockwell to collect the money? If not how can I find out if Rockwell can retrieve this debt.

 

I hope this all helps.

 

Thank you again,

 

Llewy.

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Hi All,

 

Thank you all for you comments.

 

As I said in my original post, I didn't give much away.

 

So to clarify....

 

The money owed is for a bank loan that I took out and unfortunately found myself in a position where I was unable to continue making the payments. I did approach the bank about my financial situation (which I believe they tell you do!!), but after looking at my income/expenditure they told me there was nothing they could do.

 

I would like the debt written off, but I realise that this is probably not possible, so I am willing to pay what I am already paying, but no more. As this is all I can afford.

 

I have written a breakdown of my income/expenditure and most months I have nothing left for this debt, but I feel I have to pay.

 

I would happily stop the payments if I thought Rockwell where unlawfully taking them. I have no issues with cancelling the payment. In fact I would be happy too!!

 

How can i get a CCA? It sounds like a good place to start.

 

I have a letter from the bank (that the original loan was with) stating that they have sold the debt to Rockwell and all payments must now go to them. Does this allow Rockwell to collect the money? If not how can I find out if Rockwell can retrieve this debt.

 

I hope this all helps.

 

Thank you again,

 

Llewy.

I would keep up with the agreed payments for the time being. There is a link in the Forum template letters, to request a true copy of your credit agreement. You will need to send this off to Rockwell with a postal order for £1. It is a long drawn out process, so be prepared for a bit of a haul.

 

If you read through some of the other threads, you will get the idea.

 

There will always be someone around to help.

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When was the loan taken out

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Hi,

 

Thank you vint1954. I have been reading a lot of the other posts, and I see i'm not alone!!

 

The loan was taken out in 2005.

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