ROCKWELL DEBT COLLECTORS (urgent please help)

mistymemo

Please could someone help me with this as its urgent.

I have been recieving letters from Rockwell debt collection agency refering to me in my old surname that i had whilst in college in 1998. I changed this to my mums surname when my parents divorced in the same year. So since then I am known by my mother's surname.

Rockwell have been sending me letters since last year, though i cannot remember if they have also sent it in the past, requesting I pay £415 to them. The original lender had been Halifax who have now passed this on to them. As far as I am aware, I only have two credit cards I am paying off with Halifax.

I have been ignoring their letters as it refers me in my old surname and they have now written to me again today with a 'FINAL NOTICE BEFORE ACTION' that if I do not pay the full amount before 11th january then they will take legal action against me which could include

• Warrant of Execution by baillifs against goods I own
• Attachment of earnings Order with my present or future employer
• Charging order on any property I may own now ir in the future.

I am worried about this. I have no idea what the debt is for and I do not want to call them to enquire as I read that once you have contacted them, you are obliged to pay. I have heard of statute barred but I dont know if it applies to my situation.

Does anyone know what I should do. This letter is really scaring me. :-(

Thank you for your help

Tixy

Hi

What have rockwell sent you with regards to proof of the debt? do they quote account numbers that correspond to the debts you are paying to halifax?

First thing to do would be to send out the prove it letter to rockwell - template here, send recorded delivery - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 Contacting them with this letter will not mean you are obliged to pay unless they can prove you owe the money. And even if you do owe the money if it is statute barred you still cannot be made to pay.

If these are the debts that you are paying off with halifax then they would not be statute barred. Are these 2 credit cards in your old name or a more recent name?

Do you think you may have had some old unpaid debt from back in 98 (even if not with halifax, as halifax have bought out and amalgamated with a number of other banks since then).

mistymemo

Tixy wrote: »

Hi

What have rockwell sent you with regards to proof of the debt? do they quote account numbers that correspond to the debts you are paying to halifax?

First thing to do would be to send out the prove it letter to rockwell - template here, send recorded delivery - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 Contacting them with this letter will not mean you are obliged to pay unless they can prove you owe the money. And even if you do owe the money if it is statute barred you still cannot be made to pay.

If these are the debts that you are paying off with halifax then they would not be statute barred. Are these 2 credit cards in your old name or a more recent name?

Do you think you may have had some old unpaid debt from back in 98 (even if not with halifax, as halifax have bought out and amalgamated with a number of other banks since then).

Hi thank you so much for your help :-). On the letter it says:-

Your reference no -......
Outstanding balance £415
Owed to our client - Tessera Portfolio Management LTD
Our clients reference - .......
Original lender - Halifax PLC

They do not quote account nos which correspond to both of my debts, My two credit cards with Halifax has been passed on to debt companies one of which is to MBNA and the other with Blair Oliver and Scott. I have called both companies and it is nothing to do with them. Both these credit cards are in my current surname.

I only had a current account whilst in college, the basic one where my grant was paid into to, with no overdrafts or anything on it.
I have just called Halifax who cannot find any debts of any sorts on my old surname.
So do I just send this letter to Rockwell? And if they come back to me and say Oh it was for such and such' then do I still have to pay if its been such a long time?

Thank you again :-)

mistymemo

Sorry Tixy, also when sending the letter, do I put my old surname or my current one? I am worried this may not be a good idea if I told them my current surname?

Tixy

Send the letter off to start.
They may not reply at all.
They may reply and it may be clear its someone else debt (eg someone else with the same name you used to have but a different address/ dae of birth).

They may reply and it could be that it is clear that it is your debt (and you had forgotten about it somehow). If it is then it would sound like its likely to be statute barred. This is (in england/wales) when there has been a period of 6years where you have not paid the debt or acknowledged in writing that you owe the money, and assuming there is no CCJ for this debt. If its statute barred then you won't have to pay, and if its statute barred already then nothing you can do now could make it 'un-statute barred'.

mistymemo

After sending the template letter to Rockwell, I have received a letter from them saying that the account they are seeking £415 from is a Halifax account opened in 1996. I would have been 17 years old. I have no idea what the money is for though? They have sent me a financial form to fill in and have asked me to inform them of my repayment proposals.

What do i do now?

fermi

So even if the debt was yours, it would be statute barred then.

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to <creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully




Mrs A N Other

iolanthe07

If you were under 18 then the debt would have been unenforceable anyway. They should not have lent you anything without a parent or other guarantor signing the agreement.

mistymemo

Thank you for your advice, so do I now send them the template letter that Fermi above has posted? I have not been in touch with Rockwell until two weeks ago when i first sent off the template letter above that forum user Tixy had sent me. They will not be able to find any correspondence from me as I have never disccused this debt with them before as I know nothing about it. Also when I was in college I never even had a loan out or credit card. My bank card was just for my grant fund to go into. And they are using my old surname which I had in college so I guess the debt is now statute barred. But I will send the next letter off. Thanks :-)

fermi

Yep.

1) You don't recognise the debt.
2) Even if it was yours, it would be statute barred anyway.

The letter I posted challenges them on both points.

mistymemo

Thanks I will do that. Hopefully it will sort everthing out x