CCA request to Rockwell

austind72

Hi all;

After paying small amounts to Rockwell since 2007 I sent them a CCA request last week and got a prompt reply with what appears to be a standard leter.

They acknowledge they can't enforce the debt as they can't produce the CAA - they say 'unfortunately the agreement is no longer available'.

However, they've also said 'We reserve our right to register any default with the credit reference agencies'.

The debt in question is from sometime in 2002 and I have just checked my credit report and I do not have any current default showing.

They've also included a 'statement of payments' and say 'this confirms recognition and your acceptance of liability for the above account'.

I'm wondering if;

a) they can actually register any new defaults?

b) I can request the money I've paid them back?

Any advice greatly appreciated.

Thanks!

p.s. I don't want to write publicly here my reasons for sending them a CCA or the background on the debt.

fermi

a) No.

b) No.

It's a standard letter from Rockwell, so I wouldn't be bothered about the default part. Just means that if you did already have a default on file, then they could update it.

They are not allowed to add any fresh default after all that time. Or at all, presuming that you had one that has now dropped off your file after 6 years.

If they do add anything, then you can complain and get it removed.

PNPSUKNET

get a refund for money paid? lol you owed it before so no

austind72

get a refund for money paid? lol you owed it before so no

oh well, worth a try :]

It's a standard letter from Rockwell, so I wouldn't be bothered about the default part. Just means that if you did already have a default on file, then they could update it.

Where to from here? just cancel payments and ignore them or send another letter?

thechippy

You could cease payments if you wish, but bear in mind they will still chase you. It will probably end up on a dca merrygoround.
You can take your chances and wait for it to become statute barred.

Without the agreement, litigation would be pointless. They will still threaten it though..

FTW

austind72 wrote: »

oh well, worth a try :]



Where to from here? just cancel payments and ignore them or send another letter?

I concur what thechippy says.

Personally, I'd cease payments, keep the letter they've sent you, and ignore any correspondence from this point on.

The matter is in dispute, because your CCA request hasn't been honoured, and it will stay in dispute until it is honoured.

Even IF - and this is a huge IF - a DCA were foolish enough to instigate court action, you've just been told in writing that a CCA is unobtainable. Therefore, there's nothing further to discuss.

That doesn't surprise me about Rockwell, because they're chancers - as are ALL DCAs.

If any agency - including Rockwell - so much as contacts you from this point on, refer complaints to Consumer Direct, the OFT, and the Financial Ombudsman Service.

If there ever was a default, it's dropped off by now, and they'd put themselves in a difficult position if they put a new default on now.

king100

Send in dispute to cover yourself.

austind72

Send in dispute to cover yourself.

Hi king100 - do you know of any dispute letters I can copy?

nottoolate

it's not in dispute in any legal sense or that the oft would recognise so you are limited on what you can demand in any reply

rockwell are still allowed to ask you to pay as you don't deny that the account is yours or that you took out the debt

they just can't take or threaten court action when they have admitted that the debt is not enforceable by a court

either ignore them or send a letter saying that you won't be paying until they provide proof that they have an enforceable agreement in thier possesion

king100

ACCOUNT IN DISPUTE

Date:

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**
You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

king100

nottoolate wrote: »

it's not in dispute in any legal sense or that the oft would recognise so you are limited on what you can demand in any reply

rockwell are still allowed to ask you to pay as you don't deny that the account is yours or that you took out the debt

they just can't take or threaten court action when they have admitted that the debt is not enforceable by a court

either ignore them or send a letter saying that you won't be paying until they provide proof that they have an enforceable agreement in thier possesion

Of course it is in dispute in legal terms they have no valid CCA.