Rockwell and Fenton Cooper - Please advise

[s3cure]

I recently came across this forum and have read a number of threads on similar issues (to mine) here. However I am still confused and could not draw a conclusion on what I should do next in my case and therefore decided I would ask for help in a separate thread.

 

I have a credit card debt of about £5800 unpaid due to financial problems I ran into for the last 9 months. I have been paying minimum or slightly more for over 4 years until I ran into problems (ever since my personal account have been going overdrawn almost every month and I am being charged £25 everytime by my bank too).

 

3 months back my credit card issuer bank passed it on to a DCA named Rockwell. They have since been trying to call me and have sent me a few threatening letters and possible court proceedings etc. which I ignored. Few days back I now have received a letter from another DCA called Fenton Coooper for the same amount and claiming to be part of the same group as Rockwell.

 

To be honest, I think I may be able to get better (financially) by the end of this year but I am not certain. Realising I have already paid I don't know how much in charges and interests to the issuer in the last 4+ years I do not want to get into another loop of payments topped up with interest every month to keep me paying for years. Also I have learned from this forum that a lot of these loans may be 'unforceable' which adds to my confusion.

 

Now what should be my best form of action from this point on. Should I continue ignoring letters and calls from the second DCA until I have something I can negotiate with ? Or should I tell them to wait until the end of this year where my situation may get better ? I would really appreciate any advice.

 

Also (for the time being and to get done with the DCAs), what is an acceptable part settlement offer I can make if I were to borrow some money from friends to pay it off to DCA and is that a wise step to take ?

Edited July 11, 2010 by s3cure
formatted

[havinastella]

Hi and welcome to Cag.

 

Firstly, without trying to sound condescending, please try to use paragraphs, as it's easier to glance over.

 

Now is this a CC and Bank problem?

 

For the credit card, I would send the CCA request, send a £1 postal oreder and do not sign the letter, print your name.

 

If your wages/etc are being eaten up due to charges, find a new Bank ASAP (One NOT connected to your present Bank) and use the new Bank ASAP.

 

Jogs

[havinastella]

CCA is here

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[Hardupnotfedup]

Post up what you get back if anything removing all personals, ref numbers bar-codes etc.

You will get all the help you need on deciding whether the agreement is enforceable or not.

They have 12+2 days to comply with your request.

[Hardupnotfedup]

Hold fire on any Full and final until you get the agreement, if it is unenforceable and you still want to pay then you have a better bargaining position.

My opening offer in that case would be around 15% £850 maximum. If they refuse my next offer would be 12.5%.

There are also certain demands and conditions that have to be met by the DCA before they get their blood money.

[havinastella]

Not forgetting you can reclaim any unfair charges on The CC account!

 

Jogs

[dx100uk]

and ppi!

 

dx

[s3cure]

Many thanks to all of you for such a quick response. I have reformatted the post to make it more readable (hopefully). Sorry for not doing so in the first place. I shall send the CCA to Fenton Cooper tomorrow morning first thing and will update this thread as soon as they come back to me. I am feeling so much relieved to have got an open advice before acting. Highly appreciate it.

[s3cure]

I have now received an acknowledgement letter from Fenton Cooper (yesterday) which says:

 

"We acknowledge receipt of your documentation request quoting sections 77-79 of The Consumer Credit Act 1974. We have requested the required documents from the vendor and will forward the same to you upon receipt. Whist we shall endeavour to provide the documentation within 12 days allocated under the aforementioned legislation, we are in the hands of the vendor. As such the matter shall be placed on hold until such time as the documentation is received"

[Halibutt]

That's the same standard letter they sent to me s3cure.

 

Now all you need to do is wait out the 12 +2 working days period.

 

Keep their letter and the envelope you received it in.

 

After the statutory period is up - if they haven't supplied you with a valid CCA, send the "Account In Dispute" letter by recorded delivery.

[s3cure]

Today was the 13th working days since I received the acknowledgement letter from them. Now if I don't receive the CCA by tomorrow, I shall send them the "Account In Dispute" letter by recorded delivery. Could anyone please advise where do I find this letter and also where do I stand legally from this point on?

[PriorityOne]

You don't actually need to send an "account in dispute" letter until/unless they contact you again, since they've already stated to you in writing that the account is on hold until the docs. turn up.

 

Legally, you can now withhold payment until/unless they can produce an enforceable Agreement.

 

[Halibutt]

Agreed PriorityOne, but my feeling is that the Account In Dispute letter is worth sending as it proves that the alleged debtor has attempted to fulfill any obligations, including reminding the creditor of their legal obligations. It can be useful in further "negotiations" especially if the account is then sold on.

 

Still, as you say, not strictly necessary, but I do like to make sure I have as much ammo as possible!

[Hardupnotfedup]

If you want to send it, this is the link

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[PriorityOne]

Agreed PriorityOne, but my feeling is that the Account In Dispute letter is worth sending as it proves that the alleged debtor has attempted to fulfill any obligations, including reminding the creditor of their legal obligations. It can be useful in further "negotiations" especially if the account is then sold on.

 

Still, as you say, not strictly necessary, but I do like to make sure I have as much ammo as possible!

 

It certainly does no harm to send it but I've never sent it. It's not my place to remind creditors/DCAs of their legal obligations and if the account is sold on, then the request remains outstanding from who it was bought from.... which when pointed out, resolves the problem.

 

[s3cure]

Thank you all once again. I decided I would send the 'Account in Dispute' letter today and had prepared it but I have recieved the CCA today !!! i.e. just a day later than 14 working days. What should I be looking for in the CCA? I will scan and post it here tonight anyway.

Edited August 4, 2010 by s3cure
updated

[s3cure]

Attached are the 2 pages. Page 1 Side 1 has got my personal and bank details etc. and the Page 1 Side 2 (attached scanned copy) has the agreement with my signature at the bottom. Page 2 (attached) is I think a continuation of the agreement but with no signatures. There are 4 other pages with the title "Important Information" with no signatures. I think I don't need to post them here. Please advise me on :

 

1. Is this agreement enforceable
   
2. What should I do next in my best interest
   

[s3cure]

The attachments in my previous post are unclear. So I have attached PDF versions here.

page1.pdf

page2.pdf

[PriorityOne]

It looks as if it could be.... it's signed by you and there's a total charge for credit on there. Can't see a sig. from them though...

 

See what the others think....

[Little Mermaid]

Hi

 

Does Fenton Cooper/Rockwell actually own the debt or had it properly assigned?

 

If they dont then only the original creditor can take legal action against you.

[s3cure]

No they don't own the debt. MnS owns it.

[dx100uk]

TBH that makes no diff they are acting on behalf of the creditor.

 

just a std threat-o-gram

 

now, you need to get reclaiming those unlawful charges and p'haps mis-sold ppi like i said and that will put the A/C in dispute, so's that should buy you sometime.

 

have you got your statements?

 

dx

[s3cure]

@dx100uk: So do you think the agreement is not enforceable ? What should I do next actually. They have stopped calling me since I requested the CCA and now that they have sent it, I guess they are gonna start harrasing again.

Edited August 5, 2010 by s3cure

[s3cure]

I may have some of the statements from the past but not all as this account is quite old.

[dx100uk]

ok well p'haps you need to sar the oc

then we can get reclaiming.

 

i wouldn't worry too much about the agreement, it looks ok.

 

but just remember, even if it were un-en

the debt still exists.

 

dx