Statute Barred? Rockwell Debt Collection.

DaNang

Hi,

I have received various letters from Rockwell debt collection.
They are asking for payment for a £4k debt - Under Terressa Management, I believe they are the same company?

There has been no contact or payments by myself since latest 2001.
So reading through other posts this would be statute barred? So from there the most recent letter relates to considering taking legal action and if I do not repsond 30th May, now elapsed.

Quote
"Further to our previous correspondence, your account still remains unpaid and we have received no proposals for repayment. It is a legal requirement for us to send a notice if Intened Litigation before proceedings in the County Court are issued against you. This letter meets these requirements, even if it is not actually read by you"

Letter then goes on to say if no response a Judgement Order my be obtained. Also this notice was sent as a "Payslip" type letter?

Do I just ignore this or send them a Statue Barred letter like I've read on other posts? Can they get a judgement when they have not even confirned I am the correct person or had any contact in the past 8 years?

Many thanks,

ALIBOBSY

They can get a judgement if you don't defend any court action,if they did try to take it to court you defend in full on the grounds it is statue barred (plus it is likely no original enforcable agreement documents are held by them-see CCA discussions on other posts). Usually these companies rely on threats and harassment (and alot of lying over the phone) to get cash.
Although not impossible it is unlikely they will go to court as they know it is statue barred.
Definately send the statute barred letter and NEVER call them on the phone, if they get your phone number they will stick you on auto dial to harass you.

Under the statute barred rules they can ask for the money, but as soon as you say "statute barred" they are obliged to cease collection.

ali x

DaNang

Hi ALIBOBSY,

Thanks for the quick reply.

I'll send the statute barred letter today. Wasn't sure whether they would just go away or not, but better to be safe than sorry.

Thankfully they haven't phoned. Also would they needed to have confirmed that I am the correct person before chasing/taking action? This debt relates to an address maybe 10 years old, moved 3 times since.

Many thanks,

ALIBOBSY

They aren't supposed to pursue any debt unless they are sure of the debtors identity, but these companies ignore the legislation. I think mostly they got away with appalling behaviour and flouting both the legislation and debt collection guidelines because people weren't aware of their legal rights and gave in to the threats and intimidation.

More and more people are challenging these companies, which is why so many complaints have gone to the ombudsman.

Just a thought have you recently asked for a copy of your credit report? Experion et al all have very close links with debt collectors and many people have suddenly had old debts pop up after contacting them for a credit report.

good luck
ali x