Rockwell harrassment letters/calls - old £1500 BH loan from 2005

[Scarlett136]

Hi hope someone can give me advice pls.... Im also a new user so bear with me

 

 

received a letter couple weeks ago from rockwell saying i owed £1,376 from a debt with black horse!

 

I wrote back asking for copy of signed agreement as proof, which i'm now in receipt Of.

 

I wrote a further letter to ask for proof of my payments, which i received yesterday.

 

The account was opened in oct 2005 and regular payments were made and at some point it had been passed to a dca

as i couldnt maintain payments due to a change in my financial circumstances.

 

I did set up a payment arrangement with the debt company initially paying £5 per month,

this was increased due to further pressure from them to £10 per month,

then again to £15 per month and again to £20.

 

 

From the paperwork rockwell have sent me it shows payments made from 28/11/06 upto 3/8/11.

these were standing order payments and i did not cancel the s/o so assumed the debt had been paid. I have heard nothing since up until now...

 

I did move house last april (2012) but again had no correspondence until now.

 

Can anyone advise what i should do next as i dont believe i owe £1,376 from an original loan that was for £1,500.

 

They're also asking me to provide financial statements, which they're not getting, unless i'm asked to do so by a court.

 

Thanks for reading hope someone will reply soon with advice

Edited April 27, 2013 by citizenB
formatting

[citizenB]

Have you received proper statements or simply a list of payments made to the account ?

 

If just a list of payments, then you are going to have to send a Subject Access Request to obtain the statements so you can see if they continued to add interest and charges whilst you were in a payment plan.

 

From what you say, I think they have indeed done this.

 

In which case, once you have the statements then you can enter all the charges into a spread sheet and ask for those back.

 

You will find a draft SAR request in the CAG library, top left of screen - highlighted in Green. The request will cost you £10.00 - it needs to go to the Original Creditor and they have 40 days to comply. The request is for ALL data in connection with your financial relationship with the creditor not just statements.

 

Meanwhile you need to respond to Rockwell's letter. Along the lines of.

 

You are disputing the amount they say is owed and until you receive the information requested from the Original Creditor, you are not prepared to enter into any discussion with Rockwells.

[Scarlett136]

Thank you so much for your quick reply..

.no statements just a list of payments from them.

 

I'll send sar request and write back regarding dispute amount etc.,

i'll post back on here once i hear back.

Thanks again u've been a great help

[Scarlett136]

Hello again, ive read sar template letter, to clarify do i send this letter to black horse (original creditor)?

[renegadeimp]

Canyou post up a copy of the agreement you got from rockwell?

Since the account was created pre april 2007 it must comply with specific provisions and cant be a reconstituted copy.

 

Rockwell almost NEVER have the correct paperwork to enforce a debt and they are known for making things up

and passing them off as legitimate.

 

Rockwell only get hold of a debt if it is unenforceable in some way and nobody else can get money from it.

[Scarlett136]

Hello again, ive read sar template letter, to clarify do i send this letter to black horse (original creditor)?

Sorry ignore last thread ive answered my iwn question thanks

[Scarlett136]

Sorry renegadeimp not sure how to do that.... But i have copy in front if me.... Dated 18/10/05

[Scarlett136]

Also noticed theres a date at top of copy agreement which has been handwritten... in typed section showing 24 monthly payments made on xxx (states 01/12/05)

[renegadeimp]

You need to use a scanner and then convert it to a PDF, or you can take a pic of all the pages, front and back using a smartphone, then edit it in paint.

 

SInce it is pre 2007, you would need a copy of the original application form, terms and conditions when the account was created, plus the terms when it was closed. Post April 2007, they can just cobble some random stuff together and call it valid.

 

As i said, if rockies has hold of the debt, then there is something very wrong with it. Rockwell are one of the lowest level DCA's that there are and only get the debt when every other DCA has given up on it.

[BRIGADIER2JCS]

This agreement you have received does it have all the Ts&Cs on it?

[Scarlett136]

No

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

Edit and send that.

 

 

Edit: i should add that you also need a full statement of account with the CCA response. As i thought, they dont have the correct paperwork, so you need to tell them.

[BRIGADIER2JCS]

No

Can you tell me what is on the agreement please, don't send anything yet this sounds like either a reconstituted agreement or an app form either way it is not compliant imo.

[Scarlett136]

The copy does show my signature... does that matter

[BRIGADIER2JCS]

The copy does show my signature... does that matter

What else is contained in the body of the form?

[renegadeimp]

Nope. AS i said, pre april 2007 it needs to comply with specific provisions. What they sent you doesnt. They know it and hope you dont.

 

Copy of the original appform/credit agreement

Statement of account showing credit and debits

Terms and conditions when the account was opened

Terms and conditions when it was closed.

 

Did they send you all of those?

 

I've had similar dealings with capquest.

 

Edit: Beaten by the brig again

[Scarlett136]

Just outlines duration of loan

Monthly payment date start 01/12/05 in handwriting

Key info paragraph

Signature

Date at bottom handwriiten 18/10/05

 

Thats it!

[Scarlett136]

Nope. AS i said, pre april 2007 it needs to comply with specific provisions. What they sent you doesnt. They know it and hope you dont.

 

Copy of the original appform/credit agreement

Statement of account showing credit and debits

Terms and conditions when the account was opened

Terms and conditions when it was closed.

 

Did they send you all of those?

 

I've had similar dealings with capquest.

 

Edit: Beaten by the brig again

No they havent.....

[renegadeimp]

Then they havent complied. Edit and send that letter.

[Scarlett136]

Then they havent complied. Edit and send that letter.

 

 

Thank u i will....

[BRIGADIER2JCS]

No they havent.....

Please tell us what is actually on that form!

[Scarlett136]

Just outlines duration of loan

Monthly payment date start 01/12/05 in handwriting

Key info paragraph

signature

Date at bottom handwriiten 18/10/05

 

Thats it!

[BRIGADIER2JCS]

Ok so this is NOT compliant.

Send this rather than the standard template.

 

To:

 

The Compliance Manager

Rockwell.

 

Ref: use the on their letter.

 

Sir/ Madam

 

Complaint re Non Compliance.

 

I refer to the recent communication from Rockewell and the document that Rockwell has provided purporting to be a compliant credit agreement I am sure Rockwell is fully aware that the document provided is NOT compliant with section 77/78 of the CCA 1974, nor does it comply with the criteria laid down for a ''reconstituted '' agreement.

 

I am aware that the ''original'' agreement will be needed should Rockwell decide to escalate this matter to litigation.

 

Therefore this alleged debt/account is formally disputed and no further correspondence will be entered into unless a compliant agreement is provided.

 

Recorded Delivery.

[Scarlett136]

Thank u for all your help with this, really appreciate it i'll get that letter sent straight off, recorded delivery of course!

[BRIGADIER2JCS]

Thank u for all your help with this, really appreciate it i'll get that letter sent straight off, recorded delivery of course!

 

OK make sure you check the delivery date, please let us know the result.