Rockwell Debt Collection 22K Debt Advice!!

Kalinikta

woody01 wrote: »

Wrinkles....you are SO wide of the mark and that advice is pretty poor.

For 22K i doubt this is a scare tactic.
If you also read the OP, you would they are ACTING on BEHALF, so it doesn't read as though they have bought the debt.

If this is the case, they won't let this drop.
They could take you to court for a CCJ (which sounds like a certainty), and then they could force a bankruptcy to get some money from the property bought.

We are talking big money here, not just an unpaid mobile phone bill.

Exactly, this is what I am wanting to explore. I have read so much other stuff, people owing a lot more than me, and of course a lot less.

I am certainly going to wait and see what they send next, there is no need to jump to any conclusions so far.

Its ridiculous to send a letter saying they want payment in full in ten days for 20 grand though.

I would be in a position to make some kind of payment payment plan if necessary; but I dont have anything like the instalments that were arranged.

I dont believe they can refuse any payment for this debt, can someone clarify this?

Its not £500, no, but I have seen other cases people have posted up for a lot more than this and they have not gone to court.

If they are REALLY acting on behalf of Santander, then that means I can still contact Santander as they are the people I have the loan with.

If Rockwell have bought the loan, then I will dispute it.

At this moment I dont know which is true.

Cheers

K

fermi

Kalinikta wrote: »

No equity as of yet due to recession. Maybe a couple of grand.

No other financial assets. No other significant assets.

In that case, they would not achieve very much by taking it to court.

Maybe to get a charging order in case of future equity? But apart from that, pretty pointless.

As far as bankruptcy is concerned, that would be an absolutely bonkers thing for them to do. They would get nothing out of it, and the debt would be written off. With equity of just a couple of grand in the property, the reciever would look to see if you wanted to buy that back rather than selling the property.

fermi

Kalinikta wrote: »

I am certainly going to wait and see what they send next, there is no need to jump to any conclusions so far.

Nope. Debt collectors are normally quick with threats, but slow on following them though (if ever)

Kalinikta wrote: »

Its ridiculous to send a letter saying they want payment in full in ten days for 20 grand though.

True. But they don't really expect you too.

The demand plus accompanying legal threat is designed to scare and panic you.

Kalinikta wrote: »

I would be in a position to make some kind of payment payment plan if necessary; but I dont have anything like the instalments that were arranged.

Then just offer what you can. That is all you can ever do really.

Ball then in their court. (no pun )

Kalinikta wrote: »

I dont believe they can refuse any payment for this debt, can someone clarify this?

If the are just acting for A&L, then it is against OFT rules for them to refuse to pass payments onwards.

If they now own the debt it is also "unfair" to refuse them. I saw that in some consumer regs the other day. Must try to find that again, as it's useful. Should have made a note.... :doh:

Kalinikta wrote: »

Its not £500, no, but I have seen other cases people have posted up for a lot more than this and they have not gone to court.

Really is a lottery most of the time.....

With possible future equity the may go for a CCJ to get a charging order though.

But not as big a deal as it sounds....

fermi

Kalinikta wrote: »

If Rockwell have bought the loan, then I will dispute it.

On what grounds?

Kalinikta

In respect of what will happen next, I will wait to see what they say.

The only question I want answering either from Santander or Rockwell at the moment is who owns the loan.

Yes I agree, I dont see the point of them taking it to court, I have absolutely nothing they can take of financial value!

K

Kalinikta

fermi wrote: »

On what grounds?

On the grounds that my contract is not with them but Santander. I believe it is a legal requirement for them to send me proof of this transfer of debt which has to be signed by both parties.

I dont owe Rockwell anything, I owe Santander....non?

K

fermi

Well, they say that:

We have been instructed by Santander PLC to contact you regarding the above account which remains unpaid.

Seems pretty unambiguous to me.

You should probably contact Santander direct to query whether they still hold the account.

Even if they do, they may say to pay through the DCA anyway. Up to you if you do....

Kalinikta

fermi wrote: »

Well, they say that:

We have been instructed by Santander PLC to contact you regarding the above account which remains unpaid.

Seems pretty unambiguous to me.

You should probably contact Santander direct to query whether they still hold the account.

Even if they do, they may say to pay through the DCA anyway. Up to you if you do....

Yes, I agree based on what is written it does sound like they are acting on behalf of SA; rather than 'owning' the debt; the sheer amount of stuff you read about these companies makes you question everything...and I believe you need to.

Brings me back to my point though, if SA still own the loan then I can deal with them with any repayments I may decide to make. If they havent sold it to RW, which it looks like they havent then I dont even have to speak to Rockwell at all.

fermi

It certainly won't do any harm to talk to Santander direct.

And if they still own the debt, maybe see if they will formally take the debt back in exchange for reasonable direct payments.

Kalinikta

fermi wrote: »

It certainly won't do any harm to talk to Santander direct.

And if they still own the debt, maybe see if they will formally take the debt back in exchange for reasonable direct payments.

Yes exactly, I dont have a problem talking to SA, its Rockwell that I will not be speaking to on the phone.

The whole credit system stinks! :money: