Rockwell Debt Collectors

Tinka21

My OH has just rung me at work and I said I would ask advice from you lovely ppl on MSE.

He has just received a letter from Rockwell Collectors for an old A&L overdraft amounting to £750, saying that they are giving him notice of court proceedings.

He rang them to come to an arrangement but they laughed at him and said he needs to make payment in full, which again he said he couldn't do and made an offer of a payment plan. They said no and they will send the bailiffs round to seize goods instead sometime next week (I have told him they can't do that)

Is an overdraft covered by cca? if so could i send the template letter?

If not, is there anything else we can send them, or should we just let them go for the CCJ?

Tinka21

Just bumping for any advice

fermi

An overdraft isn't required to have a CCA in a form that you can request as you would for a loan or credit card.

Their statement about sending in bailiffs to seize goods next week is utter twaddle.

They can't do that without a court order (CCJ) that you have failed to pay the ordered amount/instalments on. Even then it is easily preventable if you don't ignore it. I can't think of anyone on here who has seen bailiffs for this type of debt.

Is any of the OD made up of disputable charges?

Is the debt statute barred if it is that old?

If necessary you could send them a payment by instalment offer based upon your genuine means. That is the most they can expect from anyone. You should add that you are aware that any court would be unlikely to award them higher instalment payments than this anyway.

stapeley

How long ago is it from ? Do not bother phoning them it does absolutely no good . I hope you did not give them a contact number . You need to send a prove it letter . Have a look on other posts for template letters . But do not offer any payments at this stage , it would cost them to much to go to court so do not worry too much .

Tinka21

The OD is from the beginning of this year and it is made up nearly entirely of charges. I have just written a letter to A&L to ask for statements so we can start the reclaim.

Should we not offer even token payments at this stage then? They say in their letter they will apply for a charging order on our house as well.

Useless_with_wonga

A**eholes!!!!!! What a bunch of cretins:mad: I'd let em go for the CCJ. You can then explain to the judge that you offered a payment plan but they refused. Don't back down they are playing games. Baliffs Ummmmmmm!!! I don't think so absolute scare mongering and intimidation as you know you'd have to default on a CCJ before that was even a remote possibility and as they have not even started that process it's a long long way off and then ONLY if you default and it's a long process after that before baliffs even feature.
I'd tell them this offer to set up a plan again and if they won't cooperate tell em to crack on and do their worst.

davek1

sed them a copy of your letter you sent to A & L explain that this debt is in dispute and as such, in accordance with their professional bofies guidance and the OFT guidance they must cease ALL collection activity until such time as the dispute is settled.

be sure to ask A & L for ALL charges plus interest back again. Theyw ill write and tell you alll claims are on hold until the OFT case is heard at the high court, which is fine because the DCA can't colelct until this issue is resolved.

Dave

clkaz

Can debt collectors come into your house without your permission and refuse to leave if you didn't invite them in?

If you invite them in, can they refuse to leave until you come to an agreement?

Can debt collectors come in through an open windows or door?

Can debt collectors/bailifs take livestock in Scotland?

Debt collectors don't have any powers, so what can they do, how likely is is that they will take the case to the court if the debt is <£1, 000?

broxiebear1

clkaz wrote: »

Can debt collectors come into your house without your permission and refuse to leave if you didn't invite them in?

If you invite them in, can they refuse to leave until you come to an agreement?

Can debt collectors come in through an open windows or door?

Can debt collectors/bailifs take livestock in Scotland?

Debt collectors don't have any powers, so what can they do, how likely is is that they will take the case to the court if the debt is <£1, 000?

DO NOT INVITE THEM IN please if you ask them to leave they have to go
do you live in scotland .
i have had 2 visits from same debt collector in last 2 weeks havnt spoke to him yet as i was at work read posts from other posters they might not even come please do not worry

DarkConvict

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

2.2 Examples of unfair practices are as follows:
b. leaving out or presenting information in such a way that it
creates a false or misleading impression or exploits debtors'
lack of knowledge (i.e. bailiffs cannot be used without a CCJ)

2.4 Examples of unfair practices are as follows:
d. falsely implying or stating that action has been taken when it has not, for
example, that civil action has been taken or that a court judgment has
already been obtained (i.e. again bailiffs cannot be used without a CCJ)

2.6 Examples of unfair practices are as follows:
f. pressurising debtors to pay in full, in unreasonably large instalments,
or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which
suggest harm to debtors

Disputing bank charges is near impossible now, but here is the guide - http://www.moneysavingexpert.com/reclaim/bank-charges

As above, overdrafts are not credit they are services, so have no CCA.

Send off these letters to
Telephone - http://forums.moneysavingexpert.com/showpost.html?p=23624437&postcount=2
Telephone2 - http://forums.moneysavingexpert.com/showpost.html?p=30356365&postcount=25
Telephone3 - http://forums.moneysavingexpert.com/showpost.html?p=23625447&postcount=8
DoorStep collector - http://forums.moneysavingexpert.com/showpost.html?p=23624477&postcount=4