hounded by ROCKWELL for personal guarantee - old Ltd com gov't loan scheme

[slipway101]

Hello All

 

I am currently being harassed by ROCKWELL DEBT RECOVERY for a guarantee I signed a few years ago.

 

Back in 2011 I closed a business (ltd) which was losing money

 

all was OK and went well with that side of things,

 

I knew that I had signed a personal Guarantee with Lloyds to get access to the LOAN GUARANTEE SCHEME that the government ran.

 

I knew it would be a matter of time before they came knocking but I waited and waited and nothing happened,

until I got a letter last November from lloyds asking me to contact the wholesale banking recoveries.

 

I did and I offered them £50 per month with a view to make higher payments around March time.

 

All went quiet until Monday when I had a call from ROCKWELL and stupidly gave them my details. (der)

I don't have any copies of paper work of any type from Lloyds.

the original guarantee was for 10k and now with charges it has gone up to £15.250 .

 

I have been looking at letters that other members have sent

 

should i do the same. I am on a low wage,

 

I get housing benefit and live hand to mouth at the moment with no saving at all,

 

I am marries with children. rent my house, got a car not worth anything.

 

I am a bit down on my luck and hope to get back on my feet financially but this current climate is bad.

 

Please can you help

[ims21]

Hi

 

I've moved your thread to the Debt Collection forum where you should get plenty of replies.

[dx100uk]

urmm...

 

rocky only usually chase lemon debts.

 

is this on your CRA file

 

see below.

 

dx

[slipway101]

Will Look and get back to you.

 

thanks for your help.

[slipway101]

Hi There

I have got my credit report through noodle and all seems Ok. All credit card payment say OK. From what I am looking at it's clean as a whistle.noodle says 4 bars out of 5. So thats good news anyway. (I hope)...

[dx100uk]

lemon SB'd debt then

 

ignore them

 

dx

[slipway101]

REALLY !

What should I do about the original Guarantee then ,

should I just wait for lloyds to contact me because they will want their money. (wont they)?.

 

Do you think that they will send debt collectors to my home if so should I ignore them to and send them on there way..

 

Sorry to sound really green but what would you advise me about the guarantee I signed at the end of 2008.

 

Is there anyway I can get out of the Guarantee.

 

Thank you for all your help it is really appreciated.

Edited February 9, 2013 by slipway101
to say thenkyou....

[dx100uk]

guarantee?

 

any debt that has had NO financial transaction by YOU in/out

in the last 6yrs is statute barred. dead.

 

dx

[slipway101]

Hi there

just thinking of everything and the time line of things. I think I signed the guarantee 2009 so this was about 3 to 3.5 years so am I am rite in thinking that the statute barred does not come into this beacause it has not been longer than the 6yrs.

[dx100uk]

if lloyds wanted the £15k they would have taken you to court

there is something smelly bout this for that fact alone

rickys speculate on lemon loans

 

per i'd ride it out

 

dx

[slipway101]

Hello Again.

 

I found what looks like a great letter which is bellow, do you think I should send this to Rockwell.

 

............................................................................................................................................

 

Dear Sir/Madam

 

Re:- Account No: Your Reference Number:

 

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 Tradingicon 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.

 

 

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.

 

I look forward to hearing from you.

 

Yours faithfully

Edited February 11, 2013 by slipway101

[slipway101]

Hello all

 

Update - please can you advise me....

 

I Since posting the last post

 

I have had the demanding calls from Rockwell

 

Today I have received the enclosed letter (the letter was not sent registered by the way it was sent by UK MAIL),

 

I am ready to send the above letter ....what should I do...

 

[ATTACH=CONFIG]42599[/ATTACH]

 

I really dont want to pay them the money. from 10 k its gone up 15k they are trying to put so much pressure its unbelievable.

 

So I would really appreciate any help you can give.

 

Many thanks

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[slipway101]

Really Sorry... Hope this works.

[dx100uk]

thats a std computer generated phishing letter

 

doesn't say what action they will take

 

just loads if if.might.may.could.instructed

 

not WILL

 

IMHO i would ignore them.

 

dx

[slipway101]

Thank you. Will do.

 

Should I hold off sending the letter i have then.

 

.. If I send it off now is it going to antagonize then into moving forward in pursuing me..

 

. These people are soul-less

 

I just want to let them know they are wasting there time...

[dx100uk]

pers i'd ignore them for now

 

else send the cca request

for a copy of the agreement that shows YOUR signiture.

 

dx

[slipway101]

thanks will leave for mo if its a computer generated letter,

 

Just worried in case they send somebody round.

 

The letter I want to send states 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.

 

So as I don't want to antagonize Rockwell I also don't want them knocking on my door.

 

slipway

[dx100uk]

rocky dont ever show

 

plus DCA's are NOT BAILIFFS

they have NO SUCH LEGAL POWERS

 

dx

[slipway101]

Hello Again

 

This is the latest letter. its from Fenton Cooper. Should I reply to this with the letter that I posted earlier in this post.

 

If dx is there, your advice so far has been really good so if you could let me know what you think it would be appreciated.

[dx100uk]

pers details showing - unapp'd

 

that's a std threat-o-gram

full of if buts and mays

 

not WILL>

 

its the bloke at the desk next to the one that sent you the last letter.

 

just dressed in a diff skirt colour that's all.

 

dx

[slipway101]

Thanks dx

Will keep you informed, Hopefully my posts will help people not be scared.

slipway

[citizenB]

Do you know WHO owns this debt ? Is it still with LTSB or has it been assigned to Rockwell ?

 

You need to establish

 

Who owns the debt and

What charges there are on it.

 

Have you been provided with a copy of the agreement/guarantee document ?

 

Further more, they fail to advise that they might not actually obtain a Judgment therefore any other action they have mentioned cannot be taken.

 

they are not allowed to send an agent round without your permission or making an appointment first.

 

Send the letter below in order to establish who owns the account - unless you have actually received a Notice of Assignment.

 

[ATTACH]43310[/ATTACH]

 

 

 

You then need to send a Subject Access Request to LTSB - this is a request for ALL data/information in respect of your financial dealings with them - you should specifically request copies of any contracts/agreements. From the data within the SAR you will be able to establish why the debt has increased by 50%. What you really need to see is the terms of the Personal Guarantee. It will cost you £10.00 and they have 40 calendar days to comply.

[slipway101]

Thank you for your help

 

I have print the above letter off and will be sending it.

 

Thank you so much for your help i will keep you informed...

 

regards

[citizenB]