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Rockwell returns

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  • Rockwell returns

    After a quiet few months I received the following letter from Rockwell re alleged M&S mastercard debt:

    "Dear Sir,

    We write in relation to the above account.

    We are aware you are disputing the Credit Agreement on this account and therefore, referred the matter to our client for further investigation, We have been informed that you were sent a final response on the matter dated 23 November 2012 and therefore, you were afforded the opportunity to refer the matter to the Financial Ombudsman Service (FOS) if you remained unhappy.

    A further letter was sent to you dated 13 August to confirm that your points had been previously addressed and normal collections activity would continue on the account. Please find enclosed copies of these letter together with a copy of the credit agreement [once again this is an application form for their storecard].

    To date, we have not received any communication from the FOS. Therefore, as your dispute has been fully addressed, we can confirm that we will not be entering into any further correspondence with you on the matter. We must advice that the balance is correct and remains outstanding.

    We shall be grateful, therefore, if you will provide us with repayment of the outstanding sum within the next 30 days. If you are unable to afford full repayment at this time please complete and return the enclosed financial statement within the above mentioned 30-day-period."

    They really are muppets. Do they really think that I would suddenly pay up, especially now that M&S has confirmed in writing that no consumer credit agreement exists for the mastercard? They, of course, claim that the application form they have provided me with makes the alleged debt enforceable. If they are so sure, why the heck haven't they sent the court papers?

    I sent Rockwell a letter, referring to my previous correspondence, along with the Santander vs. Mayhew judgement, with the relevant bits highlighted. I also returned their income and expenditure form crossed out, making it obvious that I would not be completing it. I also made it clear that unless otherwise decided by the court, I would treat the alleged debt as unenforceable as the application for had been examined by a leading consumer rights lawyer (PT in this case).

    Any further advice?

    I can't wait to see what the muppets send next!
    Tags: None

  • #2
    Re: Rockwell returns

    Originally posted by Mr $quandaŁot View Post
    We shall be grateful, therefore, if you will provide us with repayment of the outstanding sum within the next 30 days. If you are unable to afford full repayment at this time please complete and return the enclosed financial statement within the above mentioned 30-day-period."
    I sure they would be VERY grateful.

    Originally posted by Mr $quandaŁot View Post
    I sent Rockwell a letter, referring to my previous correspondence, along with the Santander vs. Mayhew judgement, with the relevant bits highlighted. I also returned their income and expenditure form crossed out, making it obvious that I would not be completing it. I also made it clear that unless otherwise decided by the court, I would treat the alleged debt as unenforceable as the application for had been examined by a leading consumer rights lawyer (PT in this case).
    Was this last letter in reply to that, or before you sent that?

    Originally posted by Mr $quandaŁot View Post
    Any further advice?
    Apart from ignore the morons?

    Comment


    • #3
      Re: Rockwell returns

      My previous letter was pretty much the same thing, notifying Rockwell that I would not be corresponding further with them so I sent them a reminder, referring to that letter.

      I guess advice of ignoring the morons might be sufficient. However, PT likes to have a good paper trail in case he is going to be defending. Most Rockwell correspondence - and indeed M&S letters - have been just going around in circles!

      Comment


      • #4
        Re: Rockwell returns

        There is a paper trail on one hand, and pointless letter tennis on the other. As far as I can see you have set out your position clearly now, and can't really add anything substantive to it?

        What else could you do apart from reply stating the same as the previous letter, and that your position on the matter remains unchanged?

        Obviously if they should produce another form of agreement, or send an actual letter before claim then that may demand a response to show that you are not refusing to engage under those circumstances.

        Just my take. I would ask what Paul thinks if you are concerned.

        Comment


        • #5
          Re: Rockwell returns

          Hi Mr $quandaŁot,

          I've followed this on and off for a little while now. What I'm unsure of is which letters you have sent. I assume you have a diary somewhere of these. Is there any chance of posting these up so we can see what must be a fairly extensive paper trail by now. We'll kow then if there are others you could send which we already hold as templates, or whether you would like another written - I can't see this being a difficult task.

          I agree with the principle that you want to keep the communication going, as ignoring is tantamount to avoidance. :beagle:

          Comment


          • #6
            Re: Rockwell returns

            I will prepare a diary.

            I have asked your friend to put together a 'Mayhew template' i.e. what to send to creditors in case of store to credit cards. I will get in touch with Kate and see if some of my letters could be used, especially the one that Paul wrote.

            All I can say is that I hope I won't be served court papers, but if I do, then I hope I get a Mayhew friendly judge!

            Comment


            • #7
              Re: Rockwell returns

              This is the letter I sent to Rockwell:

              Dear Sir / Madam

              Your reference: 000xxx / xxxxxx
              My reference: Mayhew 3


              Thank you for your letter dated 11 September 2013.

              I refer you to my previous letter dated 29 April 2013 which clearly states my position. Your client has been notified that – short of a court claim – I now consider this matter closed.

              Furthermore, your client has confirmed in writing that no consumer credit agreement exists for the alleged mastercard account. This correspondence will be shown to the judge in case of a court claim.

              As the alleged agreement has been fully examined by a leading consumer rights solicitor and deemed unenforceable, I will treat it as such unless otherwise decided by the court.

              Any court claim by you, your client or a third party will be vigorously defended.

              This is my final response and I can confirm that I will not be entering into further correspondence with you.


              Yours faithfully


              Mr $quandaŁot

              Comment


              • #8
                Re: Rockwell returns

                Not bad, but you could have told them straight!

                Comment


                • #9
                  Re: Rockwell returns

                  Regards the FOS, even the FOS state that the question of unenfrceability is not within their remit: http://www.financial-ombudsman.org.u...g-note.html#12

                  So their insistence that you should have gone to the FOS is utter bull. Which they surely know.

                  Comment


                  • #10
                    Re: Rockwell returns

                    They'll know, but they hope you don't! :beagle:

                    Comment


                    • #11
                      Re: Rockwell returns

                      I was away when this thread was posted but I'm happy to see that, although Rockwell returned, they didn't stay long!

                      http://www.legalbeagles.info/forums/...ht=#post375457

                      Comment

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