Rockwell/Triumph/Arrow Global/Transcom Help!!

fermi

Perhaps.......?

gwat

I honestly cannot remember when the loan was taken out. But it was pre-2000 & I'm 100% sure that if had no contact/made any kind of payment between 2002 & 2009.

As I said, should I bring in the full & final payment information from the previous debt collector? Surely that should prevent any chasing of this remainder? Just because Fairmille went belly up can't nullify the F&F can it?

They state that the date of the agreement was in 2004, which it wasn't. I'm assuming this is when Fairmille bought the debt - as 2004 is noted as the date that it was passed to Triumph/Fairmille - but I've no documents to prove that, as I haven't got any documents from pre-2000. But surely any statements that they can get from Arrow will show that the loan was taken out before 2004 & that there wasn't any kind of transactions or payments made on it for a 6 year period before the F&F in 2009?

Also, and I know I've said this a couple of times now, what use is a "full & final payment" if it isn't honoured??

fermi

If you have proof of the full and final settlement, then yes, that on it's own should be enough. The statute barred issue would be secondary then. You have to make a judgement call as to whether you raise just the one or both issues in a formal complaint.

gwat

I have a letter from Rockwell dated 10th August 2009 that, through the reference on it & a later statement from Triumph Asset Services that shares the reference with the Rockwell letter (and the letter from Transcom so can be proved that it's the same account) that states:

Dear sir,

Re: Your debt owed to Fairmile Partnership 1 LLP

We've received your payment of £684 dated 08/08/09.

Subject to clearance, this is accepted in settlement of this debt.

If you were paying by standing order, please cancel this with your bank.

Rockwell Debt Collection Agency

Also the statement from Triumph Asset Services regarding this shows the date passed to Triumph as 04/10/2004 without a date of original agreement, original balance or original term length (which suggests to me that Triumph didn't have any of these details, and will mean that Arrow/Transcom don't either) but then the letter I received on 14th of January this year from Arrow Global states that the date of original agreement (I assume with Royal Bank of Scotland) as being the 24th of September 2004 - which is completely false!!

So....

I think that the F&F payment should be my first approach at getting this particular monkey off my back - any suggestion/help on a legalese type letter to send? And who to send it to?

I've checked my credit report with Noddle which doesn't show any defaults or CCJs (which it would, if they'd occurred in the last 6 years as suggested by Transcom) by the way.

sourcrates

Hi,
Just send a copy of the above letter to whoever is writing to you stating the account has been settled and you consider the matter closed, any further demand for payment will be treated as harassment. That should do the trick !!

gwat

How's this sound? Obviously I'd send it recorded delivery and with photocopies of not lonely the F&F acceptance by Rockwell but the statement from Triumph Asset Services that shares the references used by Arrow Global/Transcom:

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

Dear Sir/Madam,

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

Consequently, this debt is and remains statute barred under the Limitations Act 1980 which clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

Your claim, therefore, that a payment made on the 8th of August 2009 means the debt is not statute barred is clearly inaccurate and intended to be deliberately misleading.

Furthermore, I enclose a copy of a letter received from Rockwell Debt Collection Agency, as well as a statement from Triumph Asset Services which shares the references that you have used to identify this debt, which clearly states that a Full & Final Payment of £684 was made and accepted on the 8th of August 2009.

The fact that this debt is statute barred, it is a breach of OFT guidelines and may even constitute an attempt to obtain monies by misinterpretation, as does the fact that a Full & Final Payment had been made. As such I will be reporting your misconduct to the authorities.

I also demand a copy of your complaints procedure as I intend to complain about your actions to the Financial Ombudsman.

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation into my complaint.

Once the complaint has been investigated, you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman and how long I have to do so.

If you are unable to provide me with a response within eight weeks, you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals and being informed that this account has been closed and no further action can or will be pursued by yourself or anyone else claiming to represent you or any other company or organisation.

And should I send a letter, along with proof F&F payment was made, asking for an investigation by the OFT or Financial Ombudsman or are they just "empty threats" to get these ... people off my back?

sourcrates

If after sending this you are still not satisfied, then get the FOS involved, they cant do anything anyway until the company concerned has had a chance to deal with your complaint, hopefully they will take heed of your letter and this will be the end of it !!

gwat

OK, so my above letter is printed off, and along with photocopies of the Full & Final Payment acceptance from Rockwell & the statement from Triumph showing the payment & references being used by Transcom.

I'll post them tomorrow, but I just wanted to ask - if this debt has already been defaulted on (which it was prior to 2009) are they able to enter it onto my credit report again or apply for a CCJ?

I know that if they do apply for a CCJ that I have all of the documents to support my claim that I have paid off the debt but as I have nothing to prove there was no payments/acknowledgements made regarding it prior to 2009 for a period of 6 years or more (although I know that there wasn't) I assume that they would need to prove this was the case? Is that right?

I just don't want my credit rating, which is already poor as I haven't had ANY credit in the last 10 years, isn't going to get even more damaged by a DCA like Transcom putting a fraudulent default on my credit report or applying for a CCJ.

Anyway, thanks everyone for the help & advice so far. Now it's a waiting game I guess, to see what comes from this latest letter.

gwat

My latest letter, detailing the full & final payment & that despite the (full & final) payment in 2009 the debt is still statute barred, has gone recorded delivery to Transcom today.

Fingers crossed this is the end of it now. But as I said to my wife earlier, if they don't accept this then they are going to have to take me to court (at least I assume that's all they can do?) & I have made sure to keep all correspondence regarding this mess.

I wouldn't mind, but I've paid this bloody thing off already & as it's no longer on my credit report I thought it was all behind me, but no, they have to keep dredging it up!

I unfortunately don't know if there was ever a CCJ on it, which does worry me a little as I think they could apply for one if there wasn't but surely the timescales would count against them? But then, there's no point worrying about what might be - I'm in the right, and that's all there is to it.

Cheers one and all for all the advice so far - I'll let you know when I hear something back from my friends at Transcom.

gwat

I want to scream....cry.....I just don't know.

I have just gotten home to find a letter from Transcom regarding this debt, in response to my above letter that I sent telling them that not only is it statute barred but that I have also made a full & final payment.

And this is what they said:

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.

As you stated in your letter of 9th February 2014 the fact you advised you did not acknowledge or pay for 6 years is not relevant in this case.

Once you made the payment in August 2009 this invalidates any statute barred claim and confirms you have acknowledged this debt. Since the payment of 2009 it has been less than 6 years and does not qualify as statute barred.

However as requested please find attached a copy of our complaints procedure should you wish to follow this process.

In the meantime please note we are not and have not entered into any agreement with you and as such no fees will be paid to you by us.

We await further documents from our client as proof of debt and this will be forwarded to you upon receipt

Help. Please. What more can I do? Disregarding the fact that it's statute barred or not I've already made a full & final payment which they won't acknowledge and just won't get off my back & it is driving me crazy!!!