Those good people Rockwell - again

[MoodyBlues]

Hi I'm new to this forum.

 

I have a debt which was handed over to Rockwell Debt Collectors sometime ago. I agreed a repayment plan with them on a debt now worth £7000 and the time has come to re-negotiate payments even though I can only repay the amount agreed a while back. I'll put my hand up - the reason this debt got so large was because I didn't make repayments. The account was passed to Tessera years ago and I was paying regularly and then due to difficulty I stoopped for about a year and half. They then got in touch with me again and I was shocked to see that they had still piled on the interest. They did agree to stop interest so I am very grateful to them for that.

 

The reason I am posting is that I have spoken to them a lot on the phone and I find them very intimidating. They are also constantly asking for me to pay more than I can afford and also asked me to borrow off people to pay.

 

Now to try and hold them off about a year ago I asked them for the original (or copies) of the documents and evidence of debt passed from Halifax (who they bought the debt off). They said they couldn't supply these and all I got in the post was a copy of a letter sent from themselves to me informing me off the handover of the debt.

 

Without this proof of debt that they said they didn't have (pity this was a telephone call and not printed) what are my rights?

 

Appreciate any advice

Cheers

[cerberusalert]

Send them this recorded delivery & do not sign the request; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

If they fail to produce the CCA within 12 working days of receipt of your request, you can send the 'in dispute' letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and legally withold payment until they produce an enforceable agreement.

[PGH7447]

Hi I'm new to this forum.

 

I have a debt which was handed over to Rockwell Debt Collectors sometime ago. I agreed a repayment plan with them on a debt now worth £7000 and the time has come to re-negotiate payments even though I can only repay the amount agreed a while back. I'll put my hand up - the reason this debt got so large was because I didn't make repayments. The account was passed to Tessera years ago and I was paying regularly and then due to difficulty I stoopped for about a year and half. They then got in touch with me again and I was shocked to see that they had still piled on the interest. They did agree to stop interest so I am very grateful to them for that. - Er why are you grateful to a debt collector, unless the T+C's state interest is payable then these oiks have no reason to be adding it, you did not sign an agreement with these leaches but with the original creditor

 

The reason I am posting is that I have spoken to them a lot on the phone and I find them very intimidating. They are also constantly asking for me to pay more than I can afford and also asked me to borrow off people to pay. stop talking on the phone get everything in writing from now on, if they ring say in writing and put the phone down

 

Now to try and hold them off about a year ago I asked them for the original (or copies) of the documents and evidence of debt passed from Halifax (who they bought the debt off). They said they couldn't supply these and all I got in the post was a copy of a letter sent from themselves to me informing me off the handover of the debt. wrong answer, send the CCA request if it is a loan or credit card

 

Without this proof of debt that they said they didn't have (pity this was a telephone call and not printed) what are my rights? as above CCA them then they have 12 days to respond with an agreement or you can stop paying them

 

Appreciate any advice

Cheers

 

PGH

[MoodyBlues]

Cheers cerberusalert!

 

If I send this now will I be in danger of annoying them and making them un-freeze my interest? I was going to send them another income and expenditure form and try and hold out for another six months with the same agreement before they come blood hunting again. I've set up a standing order so I don't have to call them again and the first payment will come out in a couple of days.

 

What do you reckon? Shall I send both my offer and the request for CCA?

[MoodyBlues]

Cheers PGH,

 

I'm not really grateful to them:) I was just glad the interest stopped it was ridiculous.

 

I will CCA them. Just concerned they'll want to take me to court if I refused to pay them if they don't supply the CCA. Could really do without a CCJ at the moment.

[PGH7447]

no agreement no enforceable debt

[jimdev1976]

The point is they can't take you to court unless they have a valid CCA. they will threaten to but without one they haven't a leg to stand on. This is why you shouldn't speak to them on the phone, they are able to put threats straight into your head, making you doubt yourself. Promise yourself to never speak to them on hte telephone again and you will be happier for it.

[MoodyBlues]

I promise never to speak to them on the telephone again:)

 

How do people know so much about this stuff? It's brilliant.

 

Shall I stop paying them until they have provided that CCA or carry on until I'm in a position to dispute (which I really hope I will be)?

[MoodyBlues]

Oh, also they have provided me with a statement of transactions going back a few years since they took the debt (I believe they are known as Tessera) together with the stupid interest. This doesn't constitute as proof right?

[mr.ton]

They can provide you with a copy of war & peace for all it matters...

No CCA = no enforcable debt = end of.

[MoodyBlues]

Come to think of it. I originally set up my repayment agreement through the CAB and if I remeber correctly a letter was sent to Rockwell requesting the information that I asked for over the telephone. This was about a year ago and I'm sure I have this letter at home. It doesn't quote any paragraphs from the consumer credit act like the templates I have been shown but it does state that I have requested information which they failed to provide ie a credit agreement (although I don't think that particular description was used)- apart from a copy of the original letter they sent me to tell me they had taken the debt.

 

I'm pretty sure that if they had my agreement they would have given it to me when I asked for it a year ago. They obviously knew I wasn't very clued up on my rights and thought they could get away with it.

 

Would this letter sent a year ago actually be classed as a formal request and if so can I dispute straight away?

[count orlok]

I get this from other DCAs they seem to think a letter from them alone (with nothing from the OC) is enough to stop paying the OC and start paying them instead. Look at it another way, and you'll see how stupid they are, if they think we are; you are paying your electricity bill and have been doing so for years, then out of the blue you get a letter from say, Credit Securities Ltd (made up name) asking you to stop paying the electricity company and start paying them instead or they'll take you to court. What would you do, considering you have heard nothing from the electricity company? Imagine if it went to court, what would be the claim, that you refused to stop paying your bill? Untill you hear from the OC telling you otherwise or these people show you a valid deed of asignement thay are only p*ssing into the wind.

[MoodyBlues]

I'm sure in one of my many phonecalls to them they actually said they didn't have any documents between themselves and Halifax Cetlem and then another time they said they did have these documents but I can't see them. That's when they palmed me off with that letter.

 

Thanks for your help guys. I've got real fire in my belly now as I'm sure they have nothing on me. I think Halifax Cetelem doesn't exist anymore so my original agreement probably can't be traced anyway.

[MoodyBlues]

Just a thought. In a recent correspondence to them in February when re-negotiating an agreement I may have used my signature. I can't remember. Is it likely they will try and use this to create false documents?

 

Sorry for all the questions but I'm getting paranoid now.

[MoodyBlues]

If they did supply a CCA is there anyway I can prove it's real? I wouldn't put it past them to try and forge something.

[cerberusalert]

When you get it back if you remove identifying details, scan it & post it up we'll check it over for you.

[MoodyBlues]

Will do. If they send it:)

[PGH7447]

if they dont then you can stop all payments

[MoodyBlues]

I'm going to send my CCA letter today. Just to clarify, I need to send this to Rockwell and not Cetelem? Rockwell (Tessera) are claiming to own the debt.

[cerberusalert]

, I need to send this to Rockwell

Yes.

[MoodyBlues]

Is there anyway I can add a PDF file to a post. I have something I want to show you guys.

[MoodyBlues]

Hi guys,

 

I have attached the letter that Rockwell sent me as "proof that they own the debt". When I spoke to them and they said they could send me the original notice of assignment I was told that they couldn't put the original date on the letter and so you will notice that the letter says the debt was passed over to Tessera on 17th September 2003 and gives a balance of £5980.17 and the date of the letter is 28th January 2009.

 

Now I have no recollection of an original notice of assignment from Cetelem/Tessera. They may have sent it but I certainly do not have any documents dating back that far. I was paying through a CMC at the time and so I'm pretty sure I never received any documents from either party.

 

Have they by any chance shot themselves in the foot by changing the date on this notice which is almost six years after the debt was handed over?

 

Also. if you can see it check out the statment an d the ridiculous interest levels in comparison to what I was paying and then added after May 2006 when I ceased payments. The amount they came at me with was £8264.45. This is now £7800 after making payments.

 

From when the debt of £5980.17 was created on19/09/03 and to 30/09/08 I had paid £3705.78 and interest added was £5990.06.

 

This cannot be right.

 

Cetelem letter.pdf

 

Rockwell_statements.pdf

 

notice of assignment.pdf

Edited September 22, 2009 by MoodyBlues

[MoodyBlues]

Just noticed something as well.

 

Paragraph 4 on the notice of assignment. "contact our office before 2 February 2009"

 

I asked for the original, or at least a copy of the original and they send me this! If they can doctor documents like this then why should I trust any information they send me?

 

Oh, and they tried calling me earlier:) Must be wanting to get my income and expenditure.

[MoodyBlues]

Sorry, just want to bump this. Would like to know what my options are on these documents and whether I could complain about them.

[PGH7447]

you really need tha agreement, but those interest payments are ridiculas and I cant see any rhyme or reason to the amounts, some months you pay less interest and other months you pay more.

 

Personally I would add up all the "interest" and see what this buch of cr**ks have been playing at