Midland bank/HSBC and Rockwell

[Gibble]

Can someone help me please? I've searched and read many threads on this subject but I'm still confused.

 

Bit of a long story so bear with me please.

 

I took out a bank loan with Midland bank many years ago... I think it was around 1996.... and also paid for redundancy/unemployment cover. The loan was a fixed amount ie I borrowed £3k and had to pay back a fixed amount. In 1997 I was made redundant but they refused to pay out on my payment insurance as they said I'd made myself redundant because I'd not been in the job for very long and should have investigated the company more thoroughly before changing jobs!! Anyway, I disputed all this for months during which time Midland kept changing the amount that I owed on the loan saying that the interest was changing even though the original agreement was for a fixed repayment amount. As I wasn't getting anywhere with my disputes I just refused point blank to pay them anything until they could prove to me why they were constantly changing the amount I owed them. They also added my overdraft to the outstanding amount before passing it over to a debt collection agency.

 

Fast forward a couple of years and I'm being harrassed by "Phoenix Recoveries UK Ltd SARL Tessera" but once again I dispute the amount owed but being rather naiive I agree to pay them a £1 a month to stop them from pestering me.

 

Fast forward another few years and suddenly I'm getting letters from Rockwell saying I owe them the money now. So, still being rather naiive, I start paying them £1 a month to stop them from harrassing me.....

 

Now up to present day (well about 6 months ago) and I find this forum. I start reading about how DCA's are harrassing people over debts they can't actually enforce so I cancel the payments to Rockwell. They ring me on an almost daily basis but each time I tell them I will only deal with them in writing. Eventually I answer the phone and tell them they have the wrong number, saying I just bought the phone of a bloke in the pub That stops the phone calls at all times of day and night!!

 

I heard nothing from them at all for months until yesterday when a letter came from them....

 

 

 

Further to our previous correspondence, your account still remains unpaid and we have received no proposals for repayment. It is a legal requirement for us to send a notice of Intended Litigation before legal proceedings in the County Court are issued against you. This letter meets these requirements, even if it is not actually read by you.

 

To prevent legal action from being taken you must arrange to make payment in full to these offices by the 26 July 2009 otherwise we will take immediate action agaisnt you.

 

If you fail to respond to this letter, a Judgement Order may be obtained and, if this remains unsatisfied, enforcement of your debt may be sought by one or more of the following:

 

Warrant of Execution by bailiffs against the goods you own.

Attachment of Earnings Order with your present or future employer

Charging Order on any property you may own now or in the future

You should understand that a Judgement against you would seriously affect your ability to obtain credit in the future.

 

TO AVOID ROCKWELL TAKING ANY FURTHER ACTION, TELEPHONE THE PRE-LEGAL DEPARTMENT NOW ON ..............

 

 

 

Firstly there has been NO previous correspondence!!!

 

I doubt very much if they actually have the original credit agreement from 1996 so I'd like to send them a letter asking for a copy but I'm not entirely sure which one from the templates to start with.

 

Could someone please advise me which letters to send as there seems to be various different things like asking them to stop proccessing my data and telling them they can't come to my door as well as asking for copies of the original credit agreement....

 

Thanks for any help.

[IdaInFife]

The Consumer Forums - Debt collectors

 

no 8 in the link for the cca request. you need to include a £1 po and just print your name and send recorded.

 

also no4 in the link for the doorstep visit

 

and hello and welcome to CAG

 

ida x

[Bazooka Boo]

This letter meets these requirements, even if it is not actually read by you.

 

:lol:Oh Stop! Please:lol: I'm going to spontaneously combust, your killing me!

 

That is almost as good as "This is valid, even if not read by you"

 

Completely and totally laughable, I bet they sent it via 'walk sort' or 2nd class postage at best?

 

You have nothing to worry about, once thay get bored they will sell it on to another unscrupulous DCA they will possibly send you the infamous' Valid even if not read by you' letter:D

 

Midland bank was taken over by HSBC Holdings PLC in 1992.

 

As you paid for something which they haven't provided you (PPI) then I would claim it all back.

As well as any unlawful bank charges they may have added onto your account, combined with the PPI and interest, you might be pleasantly surprised to find that they actually owe you money!

[Gibble]

Now I'm even more confused.

 

Should I ignore them and wait for their next move or send them a letter?

[IdaInFife]

it's up to you, whether you want to deal with it now or see what actiont hey are goona take.

 

we can only give advice as what options you have.

 

take a few days to consider and have a read over someo ther threads in the meantime

 

ida x

[Bazooka Boo]

Now I'm even more confused.

Should I ignore them and wait for their next move or send them a letter?

 

Yes sorry! I was being my usual flippant self, and not at all constructive:(

 

I will endeavour to be a little more constructive for you:smile:

 

The letter template they send is no more than a threat, to make you feel intimidated into making payments you can't afford, and most likely against an alleged debt they legally enforce..

 

I hope you watched CH4 on Monday (dispatches?)

Then it is a little easier to explain:grin:

Dispatches - 4oD - Channel 4

 

The debt will go from pillar to post, the older the debt is then the lower down the food chain of DCA's will buy it up, even SB debts are still sold!

 

As for the PPI insurance you took out on the loan, which they failed to honour, IMHO I would claim all of that back, including interest, this can then offset the total of the remaining Loan owed, therefore reducing the total debt.

 

You could send 'Rockwell' the CCA request letter.

Which is what you mentioned you wanted to do in your initial post, and IdaInFife directed you too, thanks Ida;)

 

Also Ida told you of another letter template which might come in useful, the Doorstep collection letter.

 

For the CCA request you should send it to 'Rockwell', they will have 14 days to comply, if/when they don't or they produce an unenforceable CCA then you can legally withhold future payments until they do so.

 

To claim back your PPI, you should first start a dialogue with the bank, now HSBC, and take a look at the bank templates library.

 

If you intend on claiming back your PPI, you should start a new thread in the bank charges forum, where you will get the right help and response.

 

Boo;)

[Gibble]

Thanks very much for the info

 

I ignored their letter and today received a letter from Fenton Cooper on behalf of their client Phoenix Rec UK Ltd SARL Tessera.

 

It basically says that failure to contact them "may" result in the following actions:

1. A Debt collector may visit my home

2. Court judgement/decree may be requested

3. Any court costs will be added to my bill

 

 

Seems they've passed it on from Rockwell to this Fenton Cooper lot now.

 

I'll send them the letters you suggested and see what happens. I'm not sure about the PPI thing though as I have no records of any of this, only what I can remember from the time and that it was definitely 1996 and the bank was still called Midland at the time.

 

I find it rather odd that several different companies have now been involved in trying to recover this alleged debt!

[katpuss]

They cannot visit you at home and if they do politely tell them if they don't go away then you will call the police to report trespassing. You have not invited them.

 

The majority of the time it is not several different companies it is the:

 

DCA itself, it's in house enforcement team, it's in house "solicitors" etc etc

[Gibble]

Just noticed that the post code for Fenton Cooper is identical to Rockwell.

 

I'll ignore this one too.