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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Rockwell and old LLoyd Credit Card Debt


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Hi all,

 

I am after some advice if possible? I had numerous letters from Rockwell saying I owe them 2800 pounds for a debt that I believe is owed to Lloyds TSB for a credit card.

 

I sent them the prove it letter and they have sent me a pile of statements.

 

Does this constitute proof in terms of the debt?

 

Any help would be most greatfully appreciated!

 

Many thanks

 

MJ

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nope

must be a copy of the agreement

 

tell us more of the history

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think the credit card goes back to around 2004/2005 time. I had it for maybe a year or 2 before I got in to trouble with it. They then passed it around to Debt Collecters.

 

From 2008 to early 2010 I didnt hear anything so naturally forgot about it.

 

Then when I moved they started to send me letters. I ignored them till I got one threatening legal action, hence the prove it letter. Today I got the statements in the post and they sta

te I have 10 days to reply or they will take further action.

 

Many thanks for your help

 

MJ

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i'd fire off the failure to comply letter from the dca library

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That should be the one.

 

However, if the debt has been passed between several DCAs, then they'll have difficulty furnishing you with a proper CCA response anyway - until they manage the correct CCA, they should leave you alone. If the account is in dispute, then you're right. Remind them of that and leave things until they come up with a legitimate and full response.

Edited by Halibutt

 

 

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Well, if you've sent them a "Prove it" letter and they've just sent you statements, I'd send a CCA Request.

 

If you've never sent a CCA request, then my advice would be to send it to Rockwell - they have to prove that they are legally entitled to collect the alleged debt and that they have all the correct paperwork.

 

When you send a CCA request, head the letter "By Royal Mail Recorded Delivery" - current cost £1.15. Don't sign the letter, just print your name. Enclose a £1 postal order and write on the back "To be used only as payment for CCA request fees" or something similar.

 

Rockwell generally take a long time to sort this kind of thing out - if at all.

 

Good luck!

 

H. x

 

 

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ah yes

sorry i thought it was a cca originally sent

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi All,

 

Got a quick response from Rockwell. Their letter said they are asking their client for more information and will get back to me.

 

I should reply with 'please dont'

 

I wonder what they will come back with?

 

I remember filling in a 'guaranteed acceptance' for a Lloyds gold card application form in about 2003, can these constitute a legitimate CCA if they have all the prescribed terms?

 

Thanks,

 

MJ

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if all the 'forms' do have the prescribed bits, then it might.

 

but i doubt it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

well the threats are billy so dont worry

 

they can issue defaults yes but not default notices. [only one of those and you prob got that from lloyds before they sold it on]

 

pers i'd ingore them now.

it'll just get passed around again.

 

what you need to findout is when was YOUR last financial in/out

 

that will give the SB date and the default date - when everything will drop off the CRA files.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX,

 

Does that mean they can register a default via the credit reference agencies? Therefore making my credit file worse?

 

The last payment appears to be around feb 2006. Default die to disappear around April 2012 as it was registered about April 2006. If Rockwell register another default does that mean the default will stay on my file for another 6 years?

 

Thanks,

 

Regards,

 

MJ

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no

 

ALL ref to the a/c will go 6yrs from any registered default

 

 

matters not how many defaults/markes/note ANYONE puts on a cra file.

 

the only thing that can reset the clock is a CCJ or you using the card or paying into it or sending a signed letter to the leeches saying 'hey that mine'

 

now as you wont be doing that.

 

you've not got long

 

there are ways stop them reporting stuff

rockwell sadly write a load of tosh in their letters that TBH they dont carryout.

 

i bet they do nowt but fwd it on to the next fleecer.

 

if you read around, there are routes through the ICO etc etc about measures you can take to stop them reporting to the cra's

 

TBH: i think you mistake was contacting them at all!!

you've got a mug marker now!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 1 year later...

Dear all,

 

I have recently received a letter demanding payment for a debt to Arrow (Lloyds) for approx £2000.

 

I instantly wrote back with a CCA request.

 

I must have been hounded by them before as in the letter it mentions a letter they sent in 2010.

 

Basically they dont have the original agreement but are still demanding payment.

 

I have no knowledege of acknowledging the debt in 2008.

 

The letter can be seen in the link below:

 

http://img215.imageshack.us/img215/6242/rw1mod.jpg

 

I just ignored it as per usual but today I also received the following letter:

 

http://img267.imageshack.us/img267/5049/rw2mod.jpg

 

Along with these letters I have received several phone calls from them asking me to go through security. Naturally I say 'you tell me as you called me'.

 

I was wondering how I can go about shutting these up and stop the phone calls. They have no CCA so can they actually take further action?

 

Any advice would be most greatfully appreciated.

 

Kind regards,

 

MJ

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Unfortunately lack of a cca doesn't usually preclude the collection as a payment record is seen by courts to be as good as a cca.

 

Although there is no specific sentence saying they 'will' take court action, it still seems as if they are dipping their toe in the water at present.

 

If things are tight and you want to pay, then ask for complete statements or sar to get them, to be certain of the actual owed amount, and then tell them you can only afford £x per month and send that.

 

You are right not to talk to them on the phone, just tell them the next time they ring to put whatever they wish to say in a letter.

 

Them stating 'previous letters' doesn't mean they sent any, they more than likely didn't but do that to try and enforce their position.

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I think they are mentioning 2008 as the debt would be SB later this year as it defaulted in 2006. It is a CC debt. Do they not have to prove that the CCA was properly executed to be able to proceed via courts?

 

Thanks for helping though

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They can put together an agreement or 'reconstitute' one which is acceptable, they don't have to have the original. A record of payments can be taken as you were happy with everything. Can you remember the last time you made a payment or acknowledged the debt so you have a firm date for SB?

 

Have you paid any charges that should be claimed back? You could do with the statements which an sar will get you, but you need either a letter of assignment that the debt has been bought by Rockwell or ignore them and deal direct with Lloyds.

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