Rockwell advice needed please!

honey888

Hi all, I need some advice about correspondence I have had with Rockwell Debt Collection Agency. I received a letter from them advising that I owed £548.03, a pretty bog standard letter that many people here seemed to have received. I have also had numerous telephone calls which I have refused as I wanted it all in writing. I replied enclosing a postal order and asked for proof of the original debt etc. I have received a reply from them today stating this:

'Our clients Tessera Portfolio Management Ltd purchased the above account from HBOS on the 10th April 2003 a Notice of Assignment letter was sent to you on the 11th April 2003. They have since instructed us to deal with this account on their behalf.

We can confirm that the account assigned to our above named client relates specifically to a current account and as such is not regulated under the Consumer Credit Act 1974. Due to the nature of this account there is no written agreement to provide.

The enclosed statement showing repayments is your acceptance of liability.

We also enclose your postal order fee of £1.00

We now require your firm proposals for repayment, please contact us within the net 14 working days..............'

The statement appears to just be a printout stating:

10/04/2003 Debt created Amount 578.03
04/09/2003 Rec Hq Receipt from Head Office Amount 30.00


Apologies for my ignorance but I have no idea what this means! Can someone please advise me on the best course of action? My initial reaction is to write back stating that I do not accept liability for the debt and to ask for more information. All comments/advise greatly appreciated!

Rachel

sofababe

Do you know what this debt is for? Is it actually your debt?

It would appear to be statute barred in any case (no acknowledgement in writing or payment for you in the last 6 years), so is in fact unenforceable. The quickest way to deal with this is to send them a letter stating that this is the case.

If you are certain this is not your debt send them the prove it letter.

Either way they should soon p*** off and leave you alone as it is an offence for them to harass you for either a SB debt or a debt that they can't prove is yours.

SB letter http://forums.all-about-debt.co.uk/viewtopic.php?p=2313#p2313

Prove It letter http://forums.all-about-debt.co.uk/viewtopic.php?p=177#p177

mr.ton

Current accounts not covered by the CCA - thats news to me?
Last time i heard it was.
Tell them to supply it or to get lost.
No CCA = no enforcable debt = end of.
They are just trying to pull the wool over your eyes.
Report them to the OFT & trading standards if they refuse to go away.

sofababe

I've also been told (on this forum) that current accounts aren't covered by CCA but sent requests anyway and haven't had anything like the OP's letter so will wait and see but in OP's case its definitely SB. The debt is definitely unenforceable either because its not her debt or the SB rule.

fermi

mr.ton wrote: »

Current accounts not covered by the CCA - thats news to me?

Current accounts are subject to a s74 exemption on the requirements for an executed agreement under part 5 CCA1974.

In other words, a signed and executed CCA is not necessary.

fermi

If you think that the debt is statute bared, then there is info and letters to write here.

----> https://forums.moneysavingexpert.com/discussion/2606811

honey888

Thank you to you all for your replies. I do not believe I owe this money and am therefore reluctant to send the statue barred letter as I feel this is admitting that I do! The previous letter I sent was the one that asked them to provide proof of the debt and as I have got no further I am still a little unsure what to do. Maybe I'll send another letter asking for further information about the debt etc and see what happens. If not I may have to send the statue barred letter as a last resort (I assume that covers this type of debt too if it has been suggested) unless there are any other suggestions??

DVardysShadow

honey888 wrote: »

The statement appears to just be a printout stating:

10/04/2003 Debt created Amount 578.03
04/09/2003 Rec Hq Receipt from Head Office Amount 30.00


Apologies for my ignorance but I have no idea what this means! Can someone please advise me on the best course of action? My initial reaction is to write back stating that I do not accept liability for the debt and to ask for more information. All comments/advise greatly appreciated!

Rachel

Oh, just thank them for the information supplied, state that you have no knowledge of the alleged debt and that you regard the matter as closed unless they provide further information. Don't waste too much time on them.