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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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hi i have received a letter from rockwelldebt collection agency

Customer Question

hi i have received a letter from rockwelldebt collection agency for the sum of £11,973.83
owed to arrow global limited, original lender GE capital bank limited
. this has come in my maiden name witch i have not used for 15 years as i am married. i bought i car on finance over 15 years ago and from word go had problems with it. i cancelled all payment and gave the car back and wrote them a letter saying i reject this car as it was not fit for its purpurse. i have never heard anything for 15 years and now i have recieved this bill telling me i have ten days to pay the full amount. are they within the law to do this thank you
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

When was the last date you heard from them?
Customer: replied 4 years ago.


hi letter dated 28 june


Expert:  Jo C. replied 4 years ago.

I'm afraid my signal keeps dropping out and I would ask that you bear with me for an hour. I should then should be then be home and have a stable connection. Thank you for your patience.
Expert:  Jo C. replied 4 years ago.

Sorry for the delay. When did you last acknowledge this payment please?
Customer: replied 4 years ago.
Hi it was the 28 June
Customer: replied 4 years ago.
I think I received something 12 months ago but think it was a different company
Expert:  Jo C. replied 4 years ago.

What was the nature of the acknowledgement please?
Customer: replied 4 years ago.
Saying I need to make payment but didn't respond to it as it is addressed to miss Winwood as i am mrs Topcu and have been for the last 15 years
Expert:  Jo C. replied 4 years ago.

The name won't make any difference.

When did you last acknowledge the debt though please?
Customer: replied 4 years ago.
Today letter came that was dated 28 last month but had no acknowledgment for 15 years as I said I rejected the car and returned it back to the garage with letter of rejection
Expert:  Jo C. replied 4 years ago.

Please forget about their contact to you.

When have you last contacted them about this? Is it 15 years ago?
Customer: replied 4 years ago.
Yes last contact from me was 15 years ago I have not responded to them
Expert:  Jo C. replied 4 years ago.
Thanks for the information.

If you have not acknowledged this debt within the last 6 years then, on the face of it, the time barred under the Limitation Act 1980. This is essentially a breach of contract and they only have 6 years to sue for breach.

There is an application that they can make to extend time. That is under section 32 of the Limitation Act. They usually have to show literally that there was fraud or concealment. The have been cases where they have successfully achieved that when they can show the defendant was abroad or otherwise hiding.

What this comes down to is that it was such a low sum of money that they couldn't be bothered to trace you and that will not fall under section 32.

What will have happened here is that the original creditor will have sold this on to a debt collection agency to see if they can recover anything by harassing you. All they can do is write to you and telephone occasionally.

If they do sue they will need to overcome limitation and that is unlikely.

You can always ignore the letters.

If they start telephoning then there is a simple trick to get rid of them over the phone. They will ask you a series of personal questions, such as your date of birth mother's maiden name. Just refuse to answer those questions and then they cannot talk to you any more because they can't identify you under the Data Protection Act. They do keep phoning but it cut shorts the conversation every time and, in the end, they do get the message.

Hope this helps. Please let me know if you need more information.