Rockwell/Triumph/Arrow Global/Transcom Help!!

gwat

Hi,

Once again I am back asking for help & advice....please bear with me as I outline this whole sorry saga!

On the 6th of August 2009 I received a letter from Rockwell DCA on behalf of Fairmile Partnership about a debt of £911.62. Not knowing any better at the time, I called them & got told that if I paid 75% of the debt (£684) then they would accept this as full & final payment - and as the debt was for a Natwest loan I'd had many many years previously (that due to bad advice) I stopped paying, I felt it was only right to pay it. So I did. As it turns out the debt would have been statute barred, as it the last time I'd acknowledged it or had any contact with Natwest was beyond 7 years previously, but that's not the point.

Anyway, I received a letter from Rockwell saying thanks for the payment, subject to clearance this has been accepted in settlement of the debt. Done & dusted I thought (this was dated 10th August 2009).

Then on 12th August 2009 I received another letter from Rockwell, with a different reference number & outstanding balance. Not knowing what this was for, I came here & was advised to send the "prove it letter" by recorded delivery. I did this, and have not heard any more regarding this since. Again, done & dusted I thought.

Not so!

In November 2011 I received a statement from Triumph Asset Services on behalf of Fairmile, with the original Rockwell reference & balances. It shows the starting balance of £911, the payment I made of £684 (even though the date of payment is slightly wrong) & am outstanding amount of £227. I came here once again for some advice, and after being assured that making a payment on a statute barred debt couldn't reactivate it was advised to leave it as the payment I made had been accepted as final payment and to see what, if anything, would happen.

Jump to 10th April 2012, and I receive a letter from Arrow Global saying that this debt (with the same reference as used on the first letter from Rockwell & Triumph Asset Services statement), but this time on behalf of Royal Bank of Scotland, had been passed to them & all future payments or contact should be made to them.

Knowing that the debt was not only statute barred but also that I'd mistakenly paid Rockwell for it (but, for karmic reasons, that balances out as I did owe the money originally) I didn't contact Arrow Global at that point, & waited to see what, if anything, they'd say next.

Which brings us up to date with a letter I received on the 14th of January 2014 which states that Arrow Global have transferred management of my account to Transcom. This letter once again uses the same references as the very first Rockwell letter (which you'll remember I settled with Rockwell back in 2009) and has the outstanding balance as £227 (which is the same as the amount left outstanding after the settlement payment of £684 to Rockwell & was mentioned on the bottom of the statement from Triumph).

I have now received another letter from Transcom today stating that "immediate action is required", asking me to arrange to pay the £227 to Transcom on behalf of Arrow Global and failure to do so could "result in further action being taken".

So I'm after some advice please.

1. Could my "full & final payment" to Rockwell have re-activated this debt or would it still be statute barred?
2. What should I do about Transcom? Prove it letter or something else?
3. What further action could they take?

I've checked my credit file with Noddle & there is nothing on there about debts or black marks or anything, but would any of this show on that report?

Thanks in advance for any help or advice. Sorry for rambling, but my wife & I thought this was all over & I'm worried someone could turn up on my door while I'm in work & threaten her.

Tixy

If it was statute barred before you made the payment to rockwell then it still is.

But I wouldn't just ignore the letter I would send Arrow the letter that states the debt is statute barred as there has been a period of more than 6 years that you did not pay to or acknowledge the debt.

It sounds like you have never sent a letter to say you believe it to be SB and don't intend to pay? if you haven't then they are allowed to keep chasing. Once you have then you should not be chased/contacted regarding this debt again.

Nobody will turn up and threaten your wife - and if they did she would only need to call the police.

Statute barred debts and the Limitation Acts you would want letter in #6.

gwat

Thanks Tixy, that was pretty much exactly the advice I wanted.

So should I just send the letter to Arrow Global or would it make sense to send it to both Arrow & Transcom?

Tixy

Probably sensible to send to both.

gwat

Letters on their way (via Recorded Delivery). I'll update if/when I hear anything more (especially if I need more advice!).

Thanks for your help so far Tix.

gwat

I've received a letter today from Transcom, which is in response to my Statue Barred letter that I sent earlier this week:

Dear Sir / Madam,

We write in reference to your most recent correspondence, of which your concerns have been noted.

Please note that our client Arrow Global purchased this debt from Royal Bank of Scotland with the outstanding overdraft balance, and Arrow Global now legally owns all rights to seek recovery of this debt and we are legitimately instructed to act on their behalf.

However, we have queried this account with our client and have requested copy statements to show how the balance has arisen and we are awaiting their response.

If you have any further queries then please do not hesitate to contact us on the above details.

Is this the kind of response that I wanted? Obviously, I've now told them that I believe the debt to be statue barred and not admitted to owing it to them, which is why I'm guessing they are requesting statements to try & prove otherwise (not a chance - as I stated at the beginning of this thread the first contact I'd had on this debt was in 2009 - my daughter was born in 2003, so I know full well that I haven't spoken/admitted to this debt between 2003 - 2009, which easily puts it into Statue Barred, and I have the Full & Final payment document from Rockwell/Triumph/Fairmile (who I have since learned went into liquidation in 2012 - around the time that I first heard from Arrow Global regarding the outstanding balance) so I should be ok to stop worrying about this now, right?

And surely them stating that Arrow Global purchased it from the Bank of Scotland when it was actually Fairmile who did this counts against them as well?

I'm hoping that this is going to be the last I hear about this now. What do you think? :mad:

Tixy

Its a good start. Maybe they will write to confirm that they will not chase further.

But I wouldn't be suprised if they do come back and say that the last payment was in 2009 so not statute barred. In which case you may need to follow up again, but wait and see and hopefully they'll accept it.

fermi

Unless they start making demands for payment then I woild just wait and see what comes next if anything.

gwat

Thanks Tixy. Yeah, just been reading through some threads that state the same thing.

Still, I'm 100% certain that not only is it statute barred anyway but I've got proof of a "full & final payment" (even if that wasn't to Arrow Global) so I'm a little more relaxed - I'd just be glad to get this off of my back!

Hopefully I won't have to ask for more help, but I'll certainly post up any further news.

gwat

I was afraid of this - just got home to find a letter from Transcom that reads:

Dear Sir/Madam,

We write in reference to the letter received in our offices, the content of which has been noted.

As we have advised in our previous letter, we have requested a copy statement to show how the balance has arisen. This account is not statute barred due to the last payment being made in 2009.

We will contact you when we have a reply from our client.

So...next step? It is statute barred, as there had been no contact with Royal Bank of Scotland/Natwest from before my 1st child was born in 2003 and the payment in 2009 - the payment being made in F&F to Rockwell!! So there statement that it isn't is false, but is there any way to prove that?

So what's my next move? Send a copy of the F&F to Transcom? Ignore it until I hear more? Scream & shout & kick things in frustration?

HELP!!!

fermi

So was there more than a 6 years gap between 2003 and 2009 dates?