Rockwell Debt Collection Agency

[important issues]

 

Can anyone advise on this matter Please. I am furious as to why I have been bullied into making payments each month to Rockwell Debt Collection Agency.

 

For the last year or so I have been making payments of £63 each month using a photocopied Natwest Giro slip for apparently money owed on a debt to Halifax then building society sometime in 1997 ? All of a sudden I receive communication from Rockwell who threaten me with legal action to take me to court or send bailiffs to the address to collect the funds if I did not pay them. fearing that my credit history might be affected I promised to pay them but never questioned what exactly it was for ?

 

Having seen some threads on Rockwell I have now seen the light and may be a victim of being ripped off. Can anyone one tell me legally do I have to pay them or where do I stand?

 

I have checked my credit report there are no defaults or non payment to halifax bank can they enforce this against me? Thanks

[dx100uk]

hehe

 

welcometo the world of the fleecing DCA's

 

ROCKWELL's [nor any DCA]

have no more legal right to demand money off you than the milkman

 

STOP PAYMENTS NOW..

 

go to the top of this thread and click on library

 

then find and print off the CCA request letter

inc a blank £1 postal order

and DON'T sign the letter.

 

wait 14 working days

 

and not get anything back

 

you need to do some reading around

you'll soon get the game.

 

dx

[IdaInFife]

Also if this was from 1997 and you have only been paying thae last year it is also statute barred.

 

Moved your thread to the debt collection forum as well

[harrassed senior]

A few questions, has there been any period of 6 years (5 in Scotland) when you have not made any payments to anyone on this alleged debt?

 

Once a debt is SB in can never me 're-awakened' so to speak.

 

Is it Rockwells, or Halifax to whom you have been paying?

 

Hang fire on the CCA request until you answer the above questions.

[important issues]

Hi, Thanks for replying to my thread. I have been paying Rockwell. I am not sure re the period of 6 years where I have not paid this alleged debt to be honest I dont even know what its for I am guessing it could be halifax ? because I took out a loan on a car sometime in 1997 or a bit earlier for about 10k I think and I dont remember what happened after that I seem to have lost track and thought I had paid it off but only to receive communication from Rockwell. Thanks

[harrassed senior]

Difficult to know what to suggest, especially since you have been paying.

 

As you are not sure that this is Halifax, I would suggest in the first instance to send Rockwells a CCA request as this should give you more information with regard to who, what, where, when.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign

[harrassed senior]

Ooops pressed 'post' too soon - amend the above to suit. This 'should' give you information as to when this alleged account was taken out, with whom and how much they claim is owing. Personally, I would stop making payments until they respond to the request.

Once you have their response, I am betting they have very little to prove that you actually owe this debt. Should this prove to be the case, we can then attack Rockwells from another angle.

[dx100uk]

Hi, Thanks for replying to my thread. I have been paying Rockwell. I am not sure re the period of 6 years where I have not paid this alleged debt to be honest I dont even know what its for I am guessing it could be halifax ? because I took out a loan on a car sometime in 1997 or a bit earlier for about 10k I think and I dont remember what happened after that I seem to have lost track and thought I had paid it off but only to receive communication from Rockwell. Thanks

 

ruddy fleecers it'll be statute barred typical rockwell trick

 

dx

[important issues]

Hi again,

 

Thank you for your advice. i will send a request for a copy of the CCA and once they respond I will let you know, I began paying them after receiving threatening letters to take me to court etc or turn up at my door step fearing this I responded to paying them. thanks once again speak soon

[dx100uk]

if that were to turn out to be within your 6yrs

then there is every possibility that these payment would be classed as 'made under duress' and would not count.

 

dx

[important issues]

Thank you , Will keep you posted. Thanks

[important issues]

Hi, I finally got round to sending the letter to Rockwell and got a reply which is as follows:-

 

We note your request for a copy of the orignal agreement quoting section 77-79 of the consumer credit act 1974. Unfortunately is no longer available. We are therefore unable to comply fully with your request however we enclose a statement of the account showing payments made to us since assignment ( there was no statement enclosed).

 

Notwithstanding this the loan remains valid and we expect you to continue to meet your obligations under the agreement.

 

We acknowledge the fact that until we comply with our obligation to send you a copy of your credit agreement pursuant to S.77(1) of the consumer credit act 1974 ("CCA) we cannot enforce your credit agreement through the courts. That is not a in dispute.

 

Whilst we are currently unable to take legal action to enforce the loan this does affect the validity of the underlying debt. Section 77(4) of the CCA does not make the agreement void therefore as the debt still exists we are entitled to carry out actions that do not amount to enforcing the agreement including demanding payment, charging interest, tranfering the debt to a third party, registering the dent with a credit reference agency and issuing a default notice. This was upheld in the recent case of MCGUFFICK v ROYAL BANK of SCOTLAND Plc. We therefore reserve our right to register any default with the credit reference agencies.

 

#in respect of any claim that this bedt is in dispute we agree that the agreement is unenforceable in a court of law as explained above however we can prove that the money let to you has not been repaid to date and therefore neither of these facts are in dispute and we consider this matter resolved.

__________________________________________________________

 

thats their response from my letter can you explain what exactly does that mean and where do I dont want to be taken for a ride and money taken off me illegally.

 

Look forward to hearing from you.

[dx100uk]

yep got 'em

 

no cca = no pay

 

stop your payments and wait for them to start stamping their feet

 

another fleecer defeated!

 

dx

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.