Rockwell Debt Collection

gwat

Hi, I'm hoping someone can give me some advice...

Two weeks ago, I received a letter from Rockwell Debt Collection Agency regarding a debt I supposedly owed to a company called Fairmile Partnership 1 LLP - I had no idea what this was for so called the number on the letter.

Turned out the debt was to do with Natwest - which I admit I did default on a loan when I was in college - but had heard nothing about for at least 7 years and certainly hadn't made a payment on. I now know that that means the debt would have been Statue Barred - unfortunately I didn't know that at the time and ended up paying 75% of the debt to clear it.

Fine, I thought, that's the end of it. But then last Friday I received ANOTHER letter from Rockwell about a debt to Fairmile Partnership 1 LLP, but with different account & reference numbers and a different amount to the first letter I received.

Now, while I know I had defaulted on a loan I cannot think what this is to do with - my only thought is that I must have had an overdraft on the Natwest account (can't remember - that's how long ago it was!) and that that's what this is to do with, but my question is this:

Is this debt going to be statue barred as well, or have I stuffed things up and reactivated this debt by paying the 75% of the first debt recovery letter I received? What should I do? I really can't afford to fork out another £500, but will if I have too, but really am looking for some advice.

Thanks in advance,

G

dannynixon

Is it the same debt? Did you get a letter saying that the payment of 75% was a full and final settlement?

If not I suspect it could be,

a) the original 25% that was left with charges added on (if it was not confirmed in WRITING that it was a f+f offer

b) the company trying it on

Jesthar

As far as I understand it, once a debt is Statue Barred it remains that way, even if the debt is admitted to (even in writing, which is the ONLY way that counts anyway) a payment is subsequently made. So if they are trying to make you pay the remainder of the loan, it is still statute barred - someone correct me if I am wrong?

You do really need to know what the debt is for, though, as they now have you on record as someone who has paid up without too much hassle, and therefore might be good for paying out more money. It may be that the debt is not even yours, or that if it is it is Statute Barred - but, they are hopeful that, as in the first case, you don't know any better and can be scared into paying up without asking questions.

However, you DO know better now, so time to use that to your advantage. You just need to know what the debt is before you can tell them to get lost in the appropriate way...

Firstly, don't call them, ever - you've already had a taste of their bullying ways on the phone! If they call you, tell them that from now on you will only correspond with them in writing, and if they call again you will log al the details and report them to the OFT.

Secondly, as you don't know what the debt is, I think you need to send them the 'prove it' letter - it's post 2 in the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Send the letter recorded delivery so they can't deny receiving it, and DON'T sign your name, print it or type it. Some DCAs have been known to use sample signatures to forge 'original' documents. :mad:

Hopefully that should be enough to make them give up and go away, if not, you know where to come for help!

~Jes

gwat

I received a letter from them stating that, on completion, the 75% I paid would close the debt - I suppose it could be that things crossed in the post (yeah right!) but I'll send off that "prove it" letter and take it from there!

Thanks.

Jesthar

As the second letter has a different set of account and reference numbers, it's not going to be a case of crossed letters - they're either trying it on with something else, or trying to sneakily get the rest of the money they weren't entitled to in the first place on the loan debt.

Either which way, the 'prove it' letter should flush the truth out. Keep that letter saying the 75% payment closes the account safe, though, in case you need to throw a copy of it back at them...

~Jes

fermi

Jesthar wrote: »

As far as I understand it, once a debt is Statue Barred it remains that way, even if the debt is admitted to (even in writing, which is the ONLY way that counts anyway) a payment is subsequently made. So if they are trying to make you pay the remainder of the loan, it is still statute barred - someone correct me if I am wrong?

Perfectly correct.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb2-l1g37

(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

Jesthar

fermi wrote: »

Perfectly correct.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1980/cukpga_19800058_en_4#pt2-pb2-l1g37

Thanks, fermi! Always nice to have the reassurance of the experts!

gwat

Thanks for the advice guys, I've sent the "Prove It" letter off to them. I'll let you know how I get on - and believe me I'll be back if I need more help!