Rockwell DCA

Kop-Gun

Hi All,

I recently recieved a letter from Rockwell about a debt from years ago I researched on here and sent them a letter about statue barred as it is from approx 8/9 yrs ago.

I did get a reply where they acknowledge it is statue barred however they say as the debt still exsists they can still demand payment or increase interest and to top it off they also say they can still note it as a default with a credit reference agency

What is my legal standing on this?

Cheers

Newbie

Asiacat

If it is statute barred they can still certainly ask you for payment and if you pay them they are entitled to keep that money.

However if you don't pay them there is nothing whatsoever they can do legally to force you to hand over the money.

Just refuse to pay it.

fermi

Have they got a default recorded on your credit file? If so, when is it dated?

For a debt that has been SB due to no payment/acknowledgement for 8/9 years, any default that their ever was should be gone by now. If it's not, or they have entered a new one, then they are acting unfairly.

Kop-Gun

Hi

I viewed my credit file not long ago and the actual debt is not listed, and I have not recieved any email alerts to say otherwise.

Is this a case of underhand tactics?

Thanks

fermi

Kop-Gun wrote: »

Is this a case of underhand tactics?

Their claim that they can report the unpaid debt is certainly misleading. At least in it's application to your particular case anyway.

In some cases where a debt has ONLY JUST become statute barred, a default registered on your credit report may legitimately remain for a few months after that. While it is there, they could report the outstanding balance and payments.

However, in your case any legitimate default should have come off your report (if there ever was one) and they are NOT entitled to add any further or new default info.

Keep an eye on your credit files. If they add a default now, then you have a case to get it removed, and perhaps even claim reparations.

Kop-Gun

Hey again,

What would be my next move as it states in their letter I have 10 days to respond?

Cheers

fermi

Kop-Gun wrote: »

What would be my next move as it states in their letter I have 10 days to respond?

Or they will do what? :rotfl:

fermi

http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

if you really feel the need to reply.

Kop-Gun

demand payment or increase interest, also say they can still note it as a default with a credit reference agency.

If they want to play hard ball i'm up for that....I'm not a fan of companies like these.

Oh and thanks Fermi :0)

fermi

Kop-Gun wrote: »

also say they can still note it as a default with a credit reference agency.

Not after all this time, they can't.

As said, if any old default was still on your report as it's 6 years wasn't quite up yet, they could amend info on that.

They can't legitimately record a new default now though.