pulling my hair out !!

worriedaboutthefuture

hi been reading a lot about rockwell and have decided to get some help with this company and my debts in general.

my wife and i took a A+L current account and loan 10k then they gave us a cc (£1500 limit) that we never asked for

things where going great we were about to be married

but after the wedding my wife had a fall on our honeymoon and banged her knee.
6months on she needed surgery to repair her knee so i gave up work to care for her and our children while she recovered. this is where we fell into debt as i we were on benefits.

anyway debt got passed to rockwell and after a year of arguing and struggling with them ive been paying them a arranged sum for the current acc and loan acc.

today had a call from them asking todo a finacial review of the amounts I.E they want more money
we are still on benifits due to the hospital making major errors in my wifes health care and ive been forced to resign (3 years ago).and am currently looking for work.

apon asking them for a copy of the credit agreement (19/07/2010) 12:29pm they say that they are only getting a fee for collecting on there behalf. and it could take 14 days for them too REQUEST a copy of the agreement. i also asked if this call was recorded and they said yes


so i rang the bank loan acc and they told me they have sold the loan and will be sending me proof of this and other paper work ( im hoping the credit agreement).

where do i stand ?
should i ring rockwell and state that i know they brought the loan and they have been caught out by telling me they only get a commission (surely thats not legal) ?

please advize
many thanks in advance
worried about the future

(i know we took out the loan and current account but did not ask for the credit card and we have never tried to shrug the debt off but if they are going to underhanded about things i see no reason why i should try to play them at there own game )

downnotout

If the debt has been sold on you should receive a notice of assignment letter stating that the debt has been sold, this is like a hello from your new collector and goodbye letter from the original creditor.

podperson

If they are saying they don't own the loan and are collecting on behalf of the bank I would be very tempted to ask them to put that in writing to you - which they won't of course - but if you had that and the letter from the bank saying they didn't own it either then would be laughing
Anyway if you are waiting for your cca to be sent out then this is all you need to be saying to them if they ask for money. The burden is on them now to provide this, if they don't get back to you within the timeframe can send them an account in dispute letter.

worriedaboutthefuture

this is what i have asked the bank for as dont remember getting a letter stating that my debt had been sold and if it has like the bank says it has then they should be able to provide me with the proof and have the letters resent.

on the other hand rockwell say they havent brought the debt and they are going to request the information so it can be sent to me (this was a phone call earlier today where i asked if the call was being recorded to confirm that they will have a record of the call they made to me) now if they send me some paper work that says they are collecting on the banks behalf (for a fee) and the bank says they sold the debt surley they cant get away with lying. and where would this leave me legaly ?

worriedaboutthefuture

so should i ring them and ask them to provide me with proof they are collecting the the debt on behalf of A+L and see if they are willing to send me it in writing.............cant hurt can it ? or can i record the call and use that as a legal foothold ? (obv stating that i am recording the call)

downnotout

I would strongly suggest that you do not call them or talk to them on the telephone. I would send them a prove it letter and ask for confirmation in writing, and whilst you are at it I would urge you to use the template letter that requests all communication to be in writing. NEVER TALK TO A DEBT COLLECTOR via TELEPHONE is rule number one.

podperson

What I do with any debt collectors is say that I will not be dealing with them until I have something in writing from the original debt company that they have either bought the debt or that they are collecting on behalf of that company. That is a perfectly valid request and sometimes gets rid of them altogether. (I mean anyone could ring up and ask you for money!)
You have already asked for the cca so am assuming you are wanting to look at the unenforceability route? Rockwell will have to request this information from the original company anyway.
I would try asking them to put in writing that they don't own the debt and are collecting on behalf of A+L (since this is what they are saying on the phone!), which would go nicely with the letter from A+L saying they don't own the debt anymore

worriedaboutthefuture

just asked rockwell to send me a letter confirming that they are collecting on behalf of A+L and they agreed to have one sent out by tomorrow

on the other hand the guy was very nosey and said my acc was on hold because i had requested my cca (which could take 30-45 days)
when i challenged him and said 30 days max as i have requested similar information from my bank (A+L) (tho i really read it on here ) he went on to say i should pay for this information £1 but im not how is this ? i told him its because i am charging you £1 to verify my security details when you call me as those are my details after all.

when/if i get the letter confirming they are acting on behalf of A+L and a letter from A+L stating they sold the loan whats next as only been used to backing down and arranging payment plans .....................till now

ty mse members

dancingfairy

You need to request the CCA in writing - otherwise I don't see how you can prove you've asked for it - the DCA could lie that you haven't asked or they could forget about it or forget to make notes on their system.
df

worriedaboutthefuture

after my second call to them they confirmed i had requested the information all ready and my bank is also sending me my cca along with conformation they sold the loan (asked asked for it to be in b/w) if not it will be letter writing time in 30 days

NorthernLas

I am sorry but I am confused as to what you are trying to achieve. It would help if you clarified how many A&L accounts you have, how old they are and which ones have been passed to Rockwell.

Do you have
1. A current account (overdrawn)
2. A loan
3. A credit card

Which accounts are Rockwell dealing with and how long have you been paying them?
When were they opened, specifically was it before 2007?

As you are on benefits, you should only pay Rockwell what you can afford after essentials have been paid.

What is your aim? Is it
1. To keep paying the same amount - (so you do an income and expenditure sheet that confirms what you can afford and tell them)

2. To identify if the accounts are enforceable by checking the CCA (you get RW to provide a CCA for each account)

If you are looking at enforceability you need to read through the first few posts of enforceability IV and look at the flow charts in enforcebility III. The charts explain the process so you know what letter to send.

https://forums.moneysavingexpert.com/discussion/2532927

https://forums.moneysavingexpert.com/discussion/2305463