hsbc/rockwell/arrow

[uneverdid]

I recently requested ppi from hsbc which was turned down and

 

hsbc told me they no longer have any paperwork due to date of original agreement.

 

I have Been contacted by Rockwell dealing on behalf of arrow who are demanding payment

 

I have told them upon receipt of the agreement I shall consider what payments options to take.

 

I have received again confirmation that arrow have no documentation again due to age of account.

 

However they are still demanding my offer of payment within 12 days.

 

What should I do now I have 2 admissions of no agreement by original and current owner.

 

Do I ignore them or CCA them

 

can they still take me to court.

 

Incidentally this no longer appears on my CRA but it does not become statute barred till middle of next year.

 

Any help please

Thanks

[Bazooka Boo]

Ignore them, they are trying to con you out of money you don't owe.

 

Forget them, keep yanking their chain and they will think they have a cash cow.

 

Sounds like HSBC are telling fibs too. When did you close this account? They have to retain all documents for 6 years after the account is closed.

[uneverdid]

Hi thanks for replying the account defaulted about 6 and a half years ago. What happens if arrow decide to take me to court would I be Able to use lack of agreement as a defence or would proof of me making a payment in 2007 be enough for judgement.

 

Thanks again

[Bazooka Boo]

If you made a payment, then that will have reset the limitation period, when in 2007 did you make this payment?

 

And IMO if they were ever serious about getting money out of you they would have done so years ago, besides the bank has been refunded the money they claim you owe by their insurance, then will have made some profit through the sale of your debt to these clowns.

 

Put the idea of court out of your head.

[Bandit127]

The cart is before the horse here.

 

Rockwell may not know the history and even if they do, they may not have the IQ required to work out that this is unenforcable.

 

Send them a CCA request. £1 well spent and it will put the horse back in front of the cart. They will be forced to admit that the debt is unenforceable and most DCAs stop collection activity in the meantime.

[uneverdid]

Thankyou will do the cca

[uneverdid]

hi

 

I did the cca and received a letter stating again due to age of account no documentation available

 

it becomes statute barred in 5 months

 

they have asked again for proposal of repayment within 12 days

 

should I just ignore and hope they realise they won't be able to take me to court

 

I've just Had my house repossessed so there is no property etc thanks for responses

[uneverdid]

any answers please

[uneverdid]

???

[Bazooka Boo]

Without any documentation they will not be able to take any legal action against you to recover the money, they know this and are attempting to con you into making an offer so they can continue to harass you for another six years, Ignore in my opinion.

[uneverdid]

Thankyou for that

[Bandit127]

Having due respect to BB's good advice, I would personally go on to dispute the amount they are claiming.

 

I would do this just to dot the 'i's and cross the 't's. Some DCAs will use a claim to stop the SB clock in the months before SB happens and I would want to do everything I could to put them off.

 

Being in dispute should stop ALL recovery activity in this case.

[uneverdid]

hi bandit but will I not be acknowledging the claim if I dispute the amount.

 

Every communication I have ever sent I have always put I do not acknowledge this debt

 

it is no longer on my credit file

 

I am just really scared that somehow they will make me bankrupt or the bailiffs will end up visiting my partners address where I am currently staying.

 

I appreciate your help

 

Thankyou

[Bandit127]

To acknowledge the amount they claim, you would have to state that you owe it. Equivocally. Disputing the account will not do that.

 

There is a letter in the library that you could tailor for your situation.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[Bazooka Boo]

If this is no longer on your credit file, then that is a pretty good indicator that it is already SB.

When you factor in that these defaults 'should' be applied up to a maximum of six months after you have actually defaulted, then the debt can be SB before the default is removed from your credit files.

 

As for bailiffs I wouldn't even give it a second thought, you will have plenty of notice if they ever decided to go down that route, besides that can easily be defended as you will be invited to court first.

 

As for BR unless this is over £750 then they shouldn't even be mentioning it, plus time is on your side, if they wanted to go down that route then they would have done so sooner, and it would have been done by the OC.

[uneverdid]

Thankyou

they have said I last made a payment of £20 IN JUNE 2007

 

which although I can't remember it is probable.

 

I think I will just sit it out a bit

 

at least they have confirmed they have no agreement

 

if they sent me a stat demand after the statute barred date would a judge have to abide by that rule or can he over ride it.

 

This is a lot over £750 it's for a hsbc cc and bank account od that they combined as one once I had defaulted.

[Bazooka Boo]

This is a lot over £750 it's for a hsbc cc and bank account od that they combined as one once I had defaulted.

 

Aha, THATS why then!

 

Well until they seperate these two accounts then they will never be able to seek legal action, although they will try, your defence is that the current account and an Overdraft come under two different parts of the CCA, ie, Overdrafts have part V exemptions.

 

As for the payment in June, they need to provide strict proof how this was made, can you check your bank statements?

[uneverdid]

I could ask my bank for the statements around that time ad I still have the same bank account. It all sounds very complicated so basically they should of left tt as 2 seperate debts.

[Bazooka Boo]

Your not using this account are you?

 

Yes get the statements from then, and if your still banking with them then you seriously need to open a different account with another banking group as they will use their right to offset money from one account to another.

 

Yes they are two seperate debts, they cannot be lumped together.

[uneverdid]

noooo I have another account with a b.s. that I've had for about 12 years with no problems at all

[uneverdid]

hi

 

just started receiving letters again

 

had one from paceforward last week ignored it

 

then today one from Rockwell.

 

I have written confirmation from hsbc that they hold no paperwork and also the last payment date being June 2007

 

what should my next course of action.

 

Rockwell are asking for income and expenditure details .

 

Thankyou

[Bazooka Boo]

Send them the SB letter now, it is for them to prove it isn't, and until such time that they do, there is nothing they can do.

 

Besides without the original agreement they can do exactly nothing less for continue to commit the criminal offence of harassment against you in their deluded attempts to make you pay toward an agreement they have no proof of.

[uneverdid]

Thankyou I shall get the sb letter off should I enclose a copy of the hsbc letter and email or let them do their own digging

[dx100uk]

what more toilet paper......

 

dx

[uneverdid]

indeed dx