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kurgan1979

Income & Expenditure....advice needed!!

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Hi,

 

I had been repaying 2 debts to Rockwell/Tessera (Nat West debts) for 6 months under a temporary agreement. The temporary agreements expired and they demanded the full balance or said they would 'consider' increased repayments based on circumstances. I sent them a letter offering increased repayments (nearly twice as much as I was repaying)and heard nothing back from them - meanwhile I have been continuing to pay the pre-agreed amount for the last 2 months.

 

Now they have called me and saying that Nat West are demanding an I&E before than can accept a new repayment plan. They said this can be done over the phone, but I have refused and said it should only be done by post.

 

My questions are:-

 

1.) In your experiences are Rockwell/Tessera strong-arming me or would have Nat West demanded the full balance?

2.) Do I legally have to provide an I&E?

3.) If their calls are recorded am I legally obliged to give the I&E over the phone?

4.) Should I continue to pay the pre-agreed amount?

5.) Will it come back on me if I am not truthful about my income & expenditure on the form?

5.) How long does it take for a case like this to get to court?

 

I guess the point is that I can afford to pay more per month, but these guys are bullies and I don't want to give in. Obviously I don't want it to get to court, so I would really appreciate some past experiences / advice.

 

Thanks in advance.

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Firstly they have no rights to demand personal details from you, only a court can demand them. Secondly is the debt enforceable? Pay them what you can afford and not a penny more. You shoul;d have started at a £! a month, why tell them that you havent been paying enough. Put a CCA request in with the written offer and see what comes back.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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cheers for the quick reply!!

 

Excuse me by being ignorant. When you say 'enforcable' what do you mean? And also what's a CCA request?

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never speak to these people on the phone, insist everything in writing, just refuse to go through security, they have absolutely no right at all to ask for an i and e only a court can ask for that, and you are a long way from there yet.

pay only what you can afford not what they want, in the extremely unlikely event of court, the court will see you have been paying and they would be extremely stupid to initiate court action if you have been paying.

send cca requests and see if the debts are enforceable

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a cca request is a consumer credit agreement, in order for a dca to chase you for money, if it is covered by the agreement, they must hold one of these

what exactly are the debts for?

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ok what is the debt/s

 

if credit card or loan send a cca request

 

this is a request to see the priginal agreements.

 

cost £1 postal order the template is in the forum library

 

do not send them an I&E sheet it is none of their goddam business

 

stop talking on the phone get everything in writing.

 

if these fools had stayed happy with the amount you were paying then you would not have found the cag so blessing in diguise, you are now on the first step to controlling these clowns


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Cheers guys!!

 

They are from very old loans & credit cards.....+10 years old.

 

So basically you are saying that I send them in a CCA request when I send in my offer of repayment? Or should I ask for the CCA first?

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Send the CCA first actually as they dont want to play ball, post up what you get back removing all personal details and bar codes, I can bet they have nothing if debts are that old, if you hadn't of been making payments these debts would have been ststued barred after 6 years. I f they have no CCA then you can stop payments until they produce one. It is up to you but they will be more inclined to accept what you are offering cos they know that you know it is unenforceable. good luck all the letters you need are in the template section


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Cheers guys really appreciate this!!

 

Will keep you informed.

 

Have a top weekedn!

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Hi Guys,

 

So I received these 2 letters back from Rockwell/Tessera on the 2 mentioned debts.

 

It seems they haven't got copies of the CCAs.

 

Is it a problem that I have accepted liability for these 2 accounts? I didn't know the specific details until these letters. Stupid on my part, but they bullied me into making repayments.

 

Be grateful of your responses!

Document.pdf

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OK so the fort one is a current account now you send the bank a sar and see what activity has occured on this account over the years

 

the second one does not state what it is so they are trying to baffle you will gobbldegook

 

as it stands no cca no enforceable debt

 

so write back and state that you are contacting the oc for all documentation for these 2 alledged debts and until such time as the oc provides what you request in your sar they aint seeing another penny.

 

so send a sar to cover both accounts demanind statements - noa's - default notices etc etc


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Cheers mate.

 

By OC I take it mean Outstanding Creditor? - apologies for the stupid questions!

 

If there are no CCAs does this mean that there is no way the debts can enforsed in court?

 

Thanks for all your help.

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OC = original creditor.

 

The accounts, if proved can be persued through the courts just like a normal debt.

 

PS. Only a judge can ask for your I & E ;)

Edited by babybear39
added a bit

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Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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Well they are possibly wrong on both accounts but definitely wrong in one respect in those letters :-)

 

A) Overdrafts are covered partly by the CCA

 

B) recent case law... haha which recent case law are they referring to.. the McGUFF case? or old Rankine? total poppycock.

 

Follow PGH7447's advice :-)

 

S.


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rockwell.jpg

 

What a strange reply. "Following recent case law the lender (vendor) is a highly sophisticated financial institution whose systems and programmes have long since been well geared to the Mechanics of the Consumer Credit Act." This seems to imply that this occurrence only took place after the recent (unspecified) case law - so why the "long since"? This is a very odd paragraph.

 

Essentially, they are saying that you are unsophisticated and therefore too thick to understand that because RBS is a 'sophisticated' organisation their word should be taken over yours - they should be allowed to say that "of course we complied with our legal obligations and how dare a peasant like you question that?". I also like the part that essentially states that the CCA is there to protect thickos, not to enable them to ask the necessary questions in order to see if the agreement is enforceable.

 

In other words, they haven't got any kind of agreement so they're f****d.

 

Altogether, that letter is probably the worst, most garbled response I have ever seen on here from any DCA, which is very ironic given their liberal use of the word "unsophisticated". Who are this bunch of clowns?

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

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I just noticed something else in their letter - it refers to you paying by direct debit. For your own sake, get the direct debit cancelled and if you still want to pay them, set up a standing order.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Fred,

 

Cheers for this. They are rockwell/tessera. Yeah the letter made me laugh too!! I think they just tried to use as much garbled language as possible just to confuse. It is complete rubbish. In essence what they are saying is that they don't have the original CCAs.

 

Do you think I am within my rights to stop paying them until I see the results of the Subject Access Requests?

 

Are the debts enforcable without CCAs?

 

The debts are definitely mine and the only thing that worries me is that if I stop paying they may take me to court.

 

Cheers for your response

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the prohibition under section78 for possible enforcement of an outstanding balance is a prohibition against a creditor under the agreement. as the the agreement ended by the creditor issuing the formal demand notice (subsequent to an unstatisfied default notice) the agreement had ended. therefore there is no reason why a creditor cannot enforce the agreement.

 

if I am reading this correctly in some garbled way they are trying to say there is now no agreement, therefore they are within their rights to enforce it?

this is the most gobbledygook crap ive ever read from a dca.

as too kurgan 'wiill they take me to court?' personally i wouldnt worry, and if it were me I wouldnt pay em a single penny piece..

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I love that they refer to a statute that allows for the assumption that a financial institute must hold the required paperwork simply because they have been around for a long time!!!


Hope this helps

 

 

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I laughed at that one is the first time I've heard it lol...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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