Rockwell DCA CCA request and recieved

[Treepiary]

hello

My diary is found here: Treepiary's UE Diary

to cut a long story short, rockwell have been chasing me from 2009 for a debt from 2005. in 2009 they sent letters and solicitors letters stating if i did not pay i would go to court so i started paying, threats to send bailifts to my house and around 30 letters in 6 months, i have kept every letter they sent me with the threats of court , court bailifts .

i sent a cca request around october 2010 and requested by phone several times in 2009,

in mid january 2011 and recieved the cca however. i had been paying this company off but got behind paying these people. they then start again with threats to me of courts and debt collectors at my door.

the cca is not countersigned or dated by anyone from the loan company no terms and conditions to,

today ( yesterday) they sent me another nasty letter stating " a court judgement/decree may be requested " because i failed to pay the £22 payment that they had forced me into. i explained to the guy i was struggling but still the £2 was added to the already £20 a month i had been paying.

i am on JSA i do my very best to pay this company, i have started to get behind on payments usually around £20 a month, they called me saying they needed to revise my payments.
It was then i was told i had to pay £30 then £25 then the went down to £22 . in the end i gave in said whatever. i explained to the guy i was struggling but still the £2 was added.

they keep phoning me sending letters, complaining, asking if i am looking for work, if i had interviews, i am expecting them to ask when i eat drink and go to the toilet next. it is like i am in a police cell being questioned by the fed's.

can they force me to pay more than i can afford, i have paid off around £210 in the last eight months from a £5,500 (balance including £921 in collection charges and interest over a year around £60 and £30 each month) out of the money i get from JSA.

i get £135 a fortnight i live with my mum and dad and middle aged. i have lost my job, have lost around 2 stone in body weight from stress and the though of being jailed , have no friends now and have become a recluse.

They Rockwell, have even said maybe borrow it from a family member or do i have a credit/debit card or can i get a loan to pay it off. i am on jsa how can i afford a credit card or even a loan. i have black marks on my credit status, and my only source of credit would be via provident and those types of lenders that charge 245% APR on a silly £200 loan

now where do i stand ? what can i do, is this CCA null void to a court as if it has not been counter signed and dated the loan has not been executed ?

how can the agreement be enforced if it has not been countersigned or dated. it is also missing the first payment date. so in effect no dates or countersigned. everything else is correct on the CCA.

i have till 27th june 2011 to contact them or they will as said in letter take me to court and get a decree. i have though so hard about this i have even thought about leaving home and becoming homeless so they cannot follow/chase me.

i just do not know what to do now

[Deepie]

Re: Rockwell DCA CCA request and recieved

Hi
First of all calm down
your in the right place for help
what was the debt for ? c card /loan

[swanfan]

Re: Rockwell DCA CCA request and recieved

Hi

First of all try not to worry about this.

As for the DCAs behaviour.

They cannot nforce you to pay more than you can afford even if you only offer them a pound a month.

Don't answer the phone to them & if you do, ask who's calling & if it's them hang up. Everything in writng from now on.

Is this your only debt?

[Treepiary]

Re: Rockwell DCA CCA request and recieved

Hi

First of all try not to worry about this.

As for the DCAs behaviour.

They cannot nforce you to pay more than you can afford even if you only offer them a pound a month.

Don't answer the phone to them & if you do, ask who's calling & if it's them hang up. Everything in writng from now on.

Is this your only debt?

no it is not the only debt.

i owe out £5,500 to Rockwell ( cash loan )

i owe out £789 to DLC (cash loan/hp) ( robinson way) who also defaulted on a CCA request and said it is me that should prove i do not own debt

i owe also £1,400 to Zinc recoverys (cash loan/hp) same as above with DLC, but even more threats and nastyness over telephone. ( zinc also sent me CCA's that was for other people, i shredded these as they was not mine and had everything , bank numbers , account details, telephone details) i know know i should have sent them to an offical body like the police.

also owe for an overdrawn nationwide account ( i did not ask for an overdraft did not know i had one either, not my fault , NTL kept taking money out even after i said i could not pay).
and a credit card with nationwide, but these have not chased me as yet.

rockwell = lloyds finance

DLC = HBC

zinc = HBC ( zinc is a company made from directors of another DCA that went bust, and also employs the same people )

if i was to become homeless can they still chase me ?

can i go bankrupt and homeless, the courts should see in my favour ?

Why homeless : my father just had a bypass opp, these people at the door would put him in an early grave, something i cannot allow, hence leaving home and sleeping rough. i will do anything to protect my family from the abuse these people throw around.

[Never-In-Doubt]

Re: Rockwell DCA CCA request and recieved

Hey calm down. Stop this nonsense.

It's credit. Nobody is going to touch you ok? You're here now, we'll help you sort this. Please await one of the mods who'll post some info we need (I'm mobile so can't right now) and I'll pop in later and have a mooch.

Just calm down and no more talk of homeless ok?

[swanfan]

Re: Rockwell DCA CCA request and recieved

Can you have a read here--> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

Then supply the information requested, one post for each debt, thanks.

[Deepie]

Re: Rockwell DCA CCA request and recieved

http://forums.all-about-debt.co.uk/f...splay.php?f=97
Have a read of this put your mind at rest

[Susie]

Re: Rockwell DCA CCA request and recieved

Did not want to read and run
Most of us have been where you are now and are still here, difference is we are fighting back and yes there are things you can do. Just wait for Niddy to guide you and things will be a lot better.

[Treepiary]

Re: Rockwell DCA CCA request and recieved

Can you have a read here--> allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

Then supply the information requested, one post for each debt, thanks.

i can do the Rockwell one but the others i have no CCA's - no statements nothing, when i left home everything was thrown out. just have threatening letters and calls



Type of account : Cash loan

Date commenced : opening balance 28/02/2005 ( lloyds finance statement)

Approx balance : was £5,628.26 on 28/2/05 now £5,273.26

Date last paid : 7/2/11 paid £20 last entry on the DCA statement. i have paid in more since but cannot remeber when , i send postal orders as payment

Are you on arrangement or not paying : unsure they have stopped accepting my £20 payment

Status : default ? sold on to a DCA

Account owner: Rockwell collection agency AKA Tessera portfolio management LTD

[Never-In-Doubt]

Re: Rockwell DCA CCA request and recieved

Easiest thing you can do here is stop paying rockwell, chances are its unenforceable anyway - and send this - see how they like a legal threat of their own: Threat by Creditor - To Commence Litigation

So send that and see what they come back with, i'll sort this for you if they start getting clever, so stop stressing now ok?

You need to list all your debts though for the best chance of help, you can see this from Experian/Equifax credit reports...

[caspar]

Re: Rockwell DCA CCA request and recieved

Hi Treepiary,

Firstly a huge welcome to AAD. You have undoubtedly come to the right place for help.

Oh how I can empathise with your situation. I threw away letters at one stage as I simply couldn't face opening them. Not surprisingly because of this I, like you, lost track of what was originally owed to whom.

It is actually fairly simply sorted. Get your Credit Reference Files. Start with the ones you can get a free 30 day trial for on the internet (it's either Equifax or Experian) but don't forget to cancel your subscription. This one may tell you everything you need to know to track things back. If not it will be recorded with one of the others.

Once you know who the original creditor was it will be much easier to try to help you find a way forward.

As for what you've been told re burden of proof, borrowing money to pay things off etc.... totally ignore the comments. The DCA's do this intentionally to provoke the reaction they have in you. Don't give them the satisfaction. Debt is not a crime! DCA's very very rarely have any power to do anything!

So don't worry, take a bit of time to get yourself together and get your head round what I've said here, then get that credit report and start finding who you really owe the money to.

Oh yes, and by the way....... well done for facing up to things. Believe me, I know how hard this can be, so a sincere, heartfelt well done you!

[IF]

Re: Rockwell DCA CCA request and recieved

Hi Treepiary, Niddy's post will help too, I find the paper copies have so much more information on them:-

----------> allaboutFORUMS - View Single Post - All About Credit Reference Agencies CIFAS


Best wishes
If...x

[Treepiary]

Re: Rockwell DCA CCA request and recieved

Easiest thing you can do here is stop paying rockwell, chances are its unenforceable anyway - and send this - see how they like a legal threat of their own: Threat by Creditor - To Commence Litigation

So send that and see what they come back with, i'll sort this for you if they start getting clever, so stop stressing now ok?

You need to list all your debts though for the best chance of help, you can see this from Experian/Equifax credit reports...

would it be better if i upload a picture of the CCA ( sorry no scanner) to show that it is none countersigned and not counterdated and/or no first payment date.

[Never-In-Doubt]

Re: Rockwell DCA CCA request and recieved

would it be better if i upload a picture of the CCA ( sorry no scanner) to show that it is none countersigned and not counterdated and/or no first payment date.

if you can email me the picture of the CCA, the covering letter and the terms - that'd be great... agreements@all-about-debt.co.uk

Niddy

[Treepiary]

Re: Rockwell DCA CCA request and recieved

if you can email me the picture of the CCA, the covering letter and the terms - that'd be great... agreements@all-about-debt.co.uk

Niddy

no covering letter

no terms and conditions

only have a statement from lloyds and rockwell and the CCA.

shall get the pictures up and sent to you ASAP