Rockwell DCA - Final Letter Before Action - HELP PLS!

[stalin's dead]

Hello,

 

Ive just rec'd the above for an amount of £7382.00.

 

It is a demand for payment and they state 'further to our previous correspondence' but Ive never received anything from them before. It is obvious to me that they're lying by stating they've sent me letters prior to the above because the haven't!

 

It talks about a notice of 'INTENDED LITIGATION' prior to court proceedings.

 

I know it's my debt but what can i do to ensure my rights are protected and I am treated fairly and honestly in this regard.

 

DO I first request the original loan agreement or is that a pointless exercise?

 

Do DCA's allow repayment plans etc or could this go to court?

 

What can i expect going forward and how do I respond to this demand?

 

I appreciate any advice whatsoever

 

Thanks in advance

 

SD

[mr.ton]

Its just standard threatogram nonsense, not worth the paper its printed on.

Send them a CCA request

[stalin's dead]

hi mr ton

 

thanks but what's a CCA request please?

 

obliged

 

SD

[Bazooka Boo]

A CCA request is a copy of your original Consumer Credit Agreement (CCA)

So send them the following, and PRINT YOUR NAME never sign any correspondence sent to a DCA, also send everything recorded delivery, this is so you know and have evidence of everything you send them and when they receive it the other end.

 

CCA request letter.

 

Send a £1 Postal order in with the letter also, they have 14 days from receipt of your request in which to reply with the document, if they fail to do so, or fail to provide a legally enforceable CCA then you can place the account in dispute, and withhold all/any future payments until such time as the provide one.

 

Boo;)

[mr.ton]

"Consumer Credit Agreement"

You will have signed one of these in the 1st place before getting your specific credit product.

It is paperwork that they must have (usually dont) which gives them the right to collect on the debt - if they dont have it, then they are stuffed

[stalin's dead]

b-boo and mr.ton

 

many thanks for your responses

 

just another quick question

 

who do i address the postal order to then or does it not have too be to anyone ie blank?

 

what happens if they do have the CCA then?!!

 

anyway thank you very much indeed for your time and advice

 

SD

[Bazooka Boo]

You can either leave it blank or address it to Rockwell, they will normally send it back to you as they will probably tell you to get the CCA off the OC (original Creditor) this automatically put's the account into dispute if they do this, well once the 14 days have passed.

 

However if they do reply with what they say is your CCA, then you need to scan and post it up on here so others can have a look at it to see if it is indeed a valid enforceable CCA, there are certain criteria it has to meet in order to be legally valid.

 

Whilst I remember what is the debt for (allegedly) and how old is it??

[mr.ton]

Even if they have the actual CCA....it doesnt really make any difference.

You have to be in position to make any repayments in the 1st place once all your outgoings are taken into account.

In effect - the DCA's are powerless either way

[stalin's dead]

baz-boo

 

debt is from feb 2006 and it was a personal loan to for working capital purposes ie to pay rent etc (silly i know but needs must)!

 

at what stage do these DCA's actually resort to legal means ie court?

 

thankyou again

 

SD

[mr.ton]

They very rarely do resort to going to court as it will cost them money to do so & it wouldnt be worth their while just to get back £1 per month or something like that.

You would have so many basic legal rights/rules/protections etc..it just wouldnt be worthwhile.

Thats why they resort to threats & intimidation to get you to buckle and pay up.

[Bazooka Boo]

SD do not apologise for being in debt, do you thing gordon brown is apologetic for putting the country billions of pounds into debt!!!

 

But that is a whole other story,

Just wanted to make sure it wasn't post 2007 as the rules changed slightly for CCA's, and that it was'nt a mobile phone account or mortgage etc.

 

As MrTon says, even if they do have a valid CCA you can only pay them what 'you can comfortably afford'

 

The chances of any court action are a long way away yet.

There are various hoops they must jump through first.

[stalin's dead]

mr ton and b-boo

 

thank you for that. everything is now much clearer in my head.

 

in your debt

 

will keep up to date with progress

 

obliged

 

SD

[mr.ton]

Keep us all upto date on what happens.

The Caggers are here for you 24/7 & your thread will always be here to update when you want

[sparkypogo]

F£*K ROCKWELL ....once your a bit more savvy and hardened to people like these you will be fine ...listen and follow the advice given on here and you wont go wrong ... i was in the same boat but after looking on here and other sites, i soon realised it wasnt as bad as i thought ...now armed with the correct tools to deal with these companys everything is ok ...keep your chin up and the best of luck to you

[stalin's dead]

hi

 

when you say 'tools' what exactly do u mean pls?

 

i have sent rockwell a CCA request by recorded delivery and the requisite £1 postal order so we shall see what occurs

 

from your experience what exactly can i expect going forward and in what time frame pls?

 

much obliged for your time

 

SD

[PGH7447]

expect from rockwell, not a lot they either disappear into the mists of time, then some other lowlife springs up from the eternal well of debt collectors to try their hand at conning you out of some money, or they crank up the old threat-o-matic computer and spew forth multitudes of meaningless drivel - at whcih stage you send the account in dispute letter and rockwell disappear in a cloud of sulphor

[stalin's dead]

the CCA request was delivered to Rockwell and ive now got a letter from Fenton Cooper (Tessera Credit ltd) saying they seeking info from their client ie my creditor

 

Who are Fenton Cooper? Sounds like a firm of soicitors (i know they're not cos they're not Law Society registered) so i assume they're an offshoot of rockwell with a name designed to SOUND like a firm of solicitors

[sparkypogo]

ive just had a quick look at what you had said about your debt ...

do all the usual ..

ie ask them to contact you via letter and never by phone....

should you accept the debt offer them a token payment plan that you know you can afford...

ask them to prove where the debt came from and the amount ..

the main thing to remember is that its a room full of idiots trying to bully people into paying what they cant afford..

think of them as wheel clampers on the end of a phone..hehe

anyway worse case scenario .. you go to court... ask the judge for an administration order... he will sit and way up what he thinks you can afford to pay and then you make those monthly payments to the court house....

if after 3 years its only paid some of the bill owed ..the rest is scrapped...

if in doubt speak to citizens advice

photocopy your hand written dated letters to rockwell, so if you offer a £5 a month payment and they refuse it .. then its there problem not yours, you have proof of your offer when your at court...

the main thing is try not to let it get you down .......... i wish you the best of luck and keep us up to date with what happens...your not on your own...x

[stalin's dead]

SP

 

thanks for that mate

 

appreciated

 

SD