Letter from ELS & Cole Solicitors - really its from Fentoncooper

[johnrs101]

Hi

 

Received a letter today from what looks like ELS & Cole Solicitors, but on closer inspection the return address & phone numbers are for Fentoncooper. I have attached the letter and blanked out my personal info.

 

Just over 4 years ago I had a debt with Rockwell. They started to get pushy wanting more and more money. When I asked for the original copies of the debt & further information I got the run about and basically they could not provide it. So I stopped the payments to them and heard nothing since. This was in 2008 and today I received the attached letter

 

Am I guessing this is just a fishing trip.. Should I just ignore the letter ?

 

Thanks

 

[ATTACH]39170[/ATTACH]

[BASFORDLAD2]

I would say a fishing trip. What kind if debt is it

[johnrs101]

It was a loan from HSBC. I have not made a payment in 4 years and 2 months nor have I heard anything from Rockwell or this company in this time.

[BRIGADIER2JCS]

Hi

 

Received a letter today from what looks like ELS & Cole Solicitors, but on closer inspection the return address & phone numbers are for Fentoncooper. I have attached the letter and blanked out my personal info.

 

Just over 4 years ago I had a debt with Rockwell. They started to get pushy wanting more and more money. When I asked for the original copies of the debt & further information I got the run about and basically they could not provide it. So I stopped the payments to them and heard nothing since. This was in 2008 and today I received the attached letter

 

Am I guessing this is just a fishing trip.. Should I just ignore the letter ?

 

Thanks

 

[ATTACH]39170[/ATTACH]

 

 

Quite clearly not a phising trip AG not useing Brian Carter Solicitors who back down at the first sign of a defence this firm will follow through.

 

What exactly is the debt and who is the original creditor.

[johnrs101]

Hi. The debt was originally from HSBC which was a debt from when I got divorced about 2001

 

Back in 2008 I sent a SAR to Rockwell and they never replied and even after 2-3 phone calls asking for it too which is why I stopped the payment. This debt does not appear on my credit file which I recently looked at

 

Thanks in advanced for your advice

[BRIGADIER2JCS]

A SAR must be sent to the original creditor not the DCA.

 

All defaulted account entries are removed from CRA files after 6 years paid or not.

[johnrs101]

Rockwell where not able to provide me with any information saying that I owed this debt.

 

Where do I stand now after 4 years of not paying and not having any communication with any of them in this time

 

thanks

[BRIGADIER2JCS]

Simply debt exist, the non payment at this stage means nothing.

They can and will I think pursue this, have you made a SAR to the original creditor?

[johnrs101]

Even for debt that is 10+ years old. I know that I was paying up until Sept 2008.

 

I might have done in 2008 and because no one could provide this info I stopped payments. why after 4 years would someone else pick this up ?

 

What should I do at this point ? Write back asking for proof that I owe this debt or SAR HSBC ?

 

Thanks

[Bandit127]

+1 for Brig's advice.

 

This only needs "LETTER BEFORE ACTION" written across the top to be any more purposeful. Oh - hang on - it does (more or less).

 

You are about to get a claim. You should decide now whether you want to defend or make an arrangement to pay.

 

If you do make an arrangement you will have to stick with it religiously.

 

If you fail to make an arrangement with the solicitors then (assuming you are not defending) you will get another chance during the court process.

 

If you fail on this, they will need a further application to court to "enforce" the debt before any of the stuff the DCAs litter their letters with will happen (like an attachment of earnings or bailiff attendance).

[BRIGADIER2JCS]

There is money owed and a profit to be made that is the debt collection ''industry''!!

[johnrs101]

Ok. So what do I need to do in order to get proof that I owe them this debt.

 

Can you offer some advice on how I can get ELS & Cole to prove to me that I owe this debt. I have never heard of Arrow Global Limited or never had any communication with them over this.

 

I dont see why I could start paying Arrow for something they have never communicated with me over

[BRIGADIER2JCS]

Have you checked your credit reference files?

 

What exactly was the original debt?

[johnrs101]

Hi. There is nothing about Arrow, Rockwell, Phoenix or HSBC on my credit files. What else should I look for.

 

Not 100% sure what it was for. Could have been an overdraft, or credit card.

 

Surly they need to be able to prove that I owe this. Rockwell when asked just said they had my address, a reference number and a figure and could not provide any further info.

[BRIGADIER2JCS]

YOU must find out what the debt is to be able to contest it, SAR to original creditor CCA request to the solicitors if you don't know what the debt is it makes it impossible for us to advise.

[johnrs101]

I have just been looking back at some letters which I send Rockwell. I have just found a "account in dispute" letter which I sent them back in 2009

[johnrs101]

Hi,

 

I have just been digging about and I have a letter from Rockwell dated 13 May 2008 confirming that HSBC Bank PLC have been unable to furnish them with a copy of the original agreement or statements due to the age off the account.

 

Surely if they cannot provide this basic information then I have to take their word for it that I owe the amount they are claiming

 

Thanks again for your help

[BRIGADIER2JCS]

GOOD you need to copy this and send it to the solicitors asap.

 

I suggest the following:

ELS & Cole Solicitors.

Ref: as on their letters.

 

I refer to your letter before action and the threat of court action, please find attached copies of documents fro Rockwell date May 2008 stating that HSBC cannot provide any documentary proof of any original agreement, therefore I suggest that you return the file to your client as their claim is Null Bono (means no good).

 

Just that by recorded delivery.

[johnrs101]

Thanks for your help. I will get this off to them tomorrow via RD

[Bandit127]

GOOD you need to copy this and send it to the solicitors asap.

I refer to your letter before action and the threat of court action, please find attached copies of documents fro Rockwell date May 2008 stating that HSBC cannot provide any documentary proof of any original agreement, therefore I suggest that you return the file to your client as their claim is Null Bono (means no good).

 

Nice one Brig. Let us hope they have the sense they were born with.

[johnrs101]

Thanks again for your reply. In 2009 I sent Rockwell a letter of dispute as they could not furnish me with the requested details. Should I also sent my copy of this letter as they are now chasing a debt 3 years after I officially put in dispute

 

Thanks again

[Bandit127]

Brig's letter needs the letter from 13th May 2008 admitting they do not have the original. Copy included - not the original.

 

By all means include your dispute letter too.

[johnrs101]

OK. Many thanks for your reply again

[dx100uk]

as this is from 2001 when did you [roughly] make the last payment before rocky's spoofed you into paying

 

was there a period of 6yrs whereby you made no financial transaction?

 

TBH: a debt being chased by rocky's [DCA] for arrows [DCA] is rather suspect IMHO.

 

dx

[johnrs101]

Hi

 

Had this letter back from ELS & Cole. Can I assume that this is now the end of it ?

 

Thanks for taking a look