I dont mean to sound dumb but?

[Stressed female]

I only found this site a couple of days ago and am really impressed with it. although i hav had some good advice i am still bit confused with outcomes. I have a debt with rockwell whos pre-legal department!!!! are hounding me and threatening me with charging orders against any property i own now or in the future etc etc. i have been advised to request a CCA, should i be fortunate for this to come back as unenforceable then what EXACTLY does that mean?

 

Also does any one have a template of a cca request letter as i dont wish to use the one already on here as i dont want them to kno i am seeking advice so would like it to sound factual but a little less professional! Urgent help would be appreciated as they are threatening to go to court in a couple of days

[diddydicky]

I only found this site a couple of days ago and am really impressed with it. although i hav had some good advice i am still bit confused with outcomes. I have a debt with rockwell whos pre-legal department!!!! are hounding me and threatening me with charging orders against any property i own now or in the future etc etc. i have been advised to request a CCA, should i be fortunate for this to come back as unenforceable then what EXACTLY does that mean?

 

Also does any one have a template of a cca request letter as i dont wish to use the one already on here as i dont want them to kno i am seeking advice so would like it to sound factual but a little less professional! Urgent help would be appreciated as they are threatening to go to court in a couple of days

 

well if i may say so i dont think you have the luxury of time on your side, and i think that you are better served by "sounding professional" and giving the other side the clear impression that you "are" taking advice- they are much more likely to tread carefully (and not all over you) in this way

 

i suggest you use the tried and tested template letters on here or you will end up with egg on your face!

 

the end result of an agreement coming back defective( or not coming back at all) will be that it is either enforceable only by order of the court, or not enforceable at all

 

however you will only know this by getting it- posting it up and listening to the advice

 

you will not be alone

 

you will be supported on here every step of the way

 

good luck

[Stephan56]

Someone else will direct you to the CCA request form letter.

 

In terms of outcomes, it is a question of "bargaining power". If they have NO legally enforceable agreement, then they can still harass you (althogh under OFT guidlenes sthey shoudl not do so) but will unable to prevail in court. You have the upper hand. Negotiate a settlement at pence in the pound, or just tell them to get stuffed.

 

If they DO have a legally enforceable agreement, they are in a stronger position - especially if you own property. They you need to "play your cards well" to ge them to (i) back off (ii) accept small amounts in payment or otherwise come up with a plan you can afford.

 

Remeber, if even if they have a legally enforceable agreement, it does NOT mean they will spend the money and effort and go to court.

 

Anyway, you are in the right place. Remember - YOU ARE IN CONTROL. Not them

[the main man]

The CCA template letters are really pretty standard but if you don't want to use the ones on here the National Debtline site has various letter templates including CCA requests

[Stressed female]

Ok Thanks guys. will definitely let you know how i get on. i suppose cca will help buy me some time and this debt will be 6 years old early part of next year!! Thanks again

[Stressed female]

Sorry one other thing quickly. by sending the request for cca am i messing up my chance of opting for the statute barred in the new year? will they consider that as an acknowledgement of my debt?

[diddydicky]

Sorry one other thing quickly. by sending the request for cca am i messing up my chance of opting for the statute barred in the new year? will they consider that as an acknowledgement of my debt?

 

no- you are requesting a copy of the alleged agreement.

 

however that explains why they are suddenly interested in court action

 

can you work out the EXACT date you last acknowledged this debt in writing/made a pament?

[Huff&Puff]

No, it will not affect Statute Barred. At the top of your CCA request letter, put in bold "I do not acknowledge any debt to your company, or any company that you claim to represent". Just to make sure.

 

BTW, you don't "opt" for Statute Barred - after 6 years (5 in Scotland), it becomes Stat barred automatically without you doing anything.

[Stressed female]

oh right its automatic. wish i was in scotland (5 years) .

 

Last time i paid anythin was february 2004 according to them although i will double check with bank. no contact with them since.

[Huff&Puff]

Holding them off until it becomes Stat Barred in Feb next year should be easy. Send off the CCA request and let's see what they send back.

[diddydicky]

oh right its automatic. wish i was in scotland (5 years) .

 

Last time i paid anythin was february 2004 according to them although i will double check with bank. no contact with them since.

 

if they have just told you this then it is likely that it may already be over 6 years

 

they have a habit of "manufacturing" a payment to bring it back inside the 6 years so you should check your statements as to when and where the alleged payment was made from and to

[Stressed female]

Thanks for all this useful information. i think they have manufactured the payment they hav got it down on my credit file as much later on in the year but they sent me a statement of transactions n that says february and i have learnt from here that an account goes into default 30 days after your last payment so looks like they are trying to get extra time already! that can only be a good sign. gosh this site has made me so much more positive! thanks again

[gezwee]

I've got into the habit of writing 'CCA REQUEST' in bold on the top of the postal order and copying against request. Under no circumstances are they allowed to credit this sum against an 'alleged' balance.

 

Typical dumb arse con to show a £1.00 payment against what should be a SB account at a later date.

 

Difficulty is that you are so close to SB I (personally) would be inclined to ignore the dross they're sending you. They'll whinge and whine but WTF, the only correspondence you MUST respond to is a court claim or SD.

 

Who is the OC, do you have any charges to reclaim?

 

Gez

[cymruambyth]

Sometimes it can be of benefit for the DCA to realise that you are acting with the support of CAG.

[diddydicky]

I've got into the habit of writing 'CCA REQUEST' in bold on the top of the postal order and copying against request. Under no circumstances are they allowed to credit this sum against an 'alleged' balance.

 

Typical dumb arse con to show a £1.00 payment against what should be a SB account at a later date.

 

Difficulty is that you are so close to SB I (personally) would be inclined to ignore the dross they're sending you. They'll whinge and whine but WTF, the only correspondence you MUST respond to is a court claim or SD.

 

Who is the OC, do you have any charges to reclaim?

 

Gez

 

 

 

if a court summons has already been issued it would be dangerous to ignore it since they would get a sj before the SB limit

 

better to fend off and obfuscate on the proceedings and protract them out to next march if you can

[gezwee]

Hi DD

 

Not sure if we're confusing matters, Rockwells correspondence is from the laughingly titled 'Pre legal dept' seen numerous times on this site before.

 

I would not in any way countenance ignoring County court claim or SD and trust I had made that clear in my previous post.

 

Wasnt so sure on this one with being so close to SB, does SF play the waiting game and hope it runs to March or protect position now and assume it'll get bounced for a few more months until barred?

 

My own opinion (and its a humble one) would be no acknowledegment to DCA or their agent, refer all correspondence (if any) with OC if no sight of termination or assignment.

 

Gez

[diddydicky]

yes, apologies i mis read the initial post and thought they said that they were in court in a couple of days

 

must be time for my cocoa

[gezwee]

 

must be time for my cocoa

 

Lol........ I'm sticking with the Merlot, helps me think more clearly

[gezwee]

Oh yeah, nearly forgot DD.......check out my catalogue thread - won 1 at last whooooooooooooooopeeeeeeee

[diddydicky]

Oh yeah, nearly forgot DD.......check out my catalogue thread - won 1 at last whooooooooooooooopeeeeeeee

 

excellent well done, now for the next one?

[Stressed female]

oh no now im really confused!!! in your opinion DD do you think i should hold out as advised by G. I came on here to print template of CCA ready to send to DCA and saw new replies to my thread. Its true what G says about the letter being from rockwells pre-legal department and the letter states it is a final letter before they apply legal proceedings in the county court. They are askin 4 full payment in the next week. My concerns are that the debt is for a substantial amount (just under 15,000.00) well substantial to me anyway!! and im thinkin with that in mind that maybe they will proceed cuz its worth it with the amount being so large.

 

Also if i do hold off for a bit and they do go to court would it be too late to go down the CCA route?

 

Also they have down on my experian file that the default was in July 04 this is not true and i now know they have done this to buy time. Who would i dispute this to if at all? I have requested statements from bank just to confirm it was defaulted in Feb 04.

 

Im honestly thinkin maybe i should send CCA and still hope that time is on my side rather than just ignore.

 

Opinions please Caggers!!

[Huff&Puff]

It is never too late to go down the CCA route, and you should do that straight away. If they don't send you valid one within 14 working days, then you can put it in dispute, which is in itself an absolute defence if they try and take you to court.

 

But I think you are in danger of falling right into their trap here, and taking the laughingly entitled "pre-legal department" seriously. Most DCAs don't take anybody to court because they can't - they don't have the right paperwork. But they'll never stop letting you think that they will.

[diddydicky]

oh no now im really confused!!! in your opinion DD do you think i should hold out as advised by G. I came on here to print template of CCA ready to send to DCA and saw new replies to my thread. Its true what G says about the letter being from rockwells pre-legal department and the letter states it is a final letter before they apply legal proceedings in the county court. They are askin 4 full payment in the next week. My concerns are that the debt is for a substantial amount (just under 15,000.00) well substantial to me anyway!! and im thinkin with that in mind that maybe they will proceed cuz its worth it with the amount being so large.

 

Also if i do hold off for a bit and they do go to court would it be too late to go down the CCA route?

 

Also they have down on my experian file that the default was in July 04 this is not true and i now know they have done this to buy time. Who would i dispute this to if at all? I have requested statements from bank just to confirm it was defaulted in Feb 04.

 

Im honestly thinkin maybe i should send CCA and still hope that time is on my side rather than just ignore.

 

Opinions please Caggers!!

 

if they took you to court you would have ample time to defend so you need to get your CCA request off now,

 

AND i would advise you to print off the SAR request letter and send that too with a 10 pound fee!

 

dick

[Stressed female]

DD what are the benefits of sending the Subject Access Request? sorry i am new to all of this.

[diddydicky]

you will (hopefully) get lots s of information as to who did what where and when BEFORE they have chance to er um - facilitate a situation whereby embarrasing documents or information are accidently on purpose lost or dare i say "embroidered"