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old debt still being chased

d_rok69
d_rok69 Posts: 63 Forumite
Tenth Anniversary Combo Breaker
edited 26 September 2018 at 2:38PM in Debt-free wannabe
I have an old debt with HBoS which has now dropped off my credit file as its over 6 years old.

Today i had a letter from a company called Resolvecall asking me to contact them regarding the outstanding debt which i have ignored because as far as im aware the debt has now been written off.

Then five mins ago i had a man from resolvecall at my door to hand deliver a letter which i assume was maybe a court document when i asked what it was he said im not allowed to say and kept trying to hand me the letter and get me to sign for it. I told him i wouldnt accept it i didnt know what it was and closed the door on him.

Can they still chase this debt after 6 years? should i call and tell them to leave me alone.

I should also say i live in scotland if that has any bearing.

Comments

  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    d_rok69 wrote: »
    I have a debt with HBoS which has now dropped off my credit file as its over 6 years old.

    Today i had a letter from a company called Resolvecall asking me to contact them regarding the outstanding debt which i have ignored because as far as im aware the debt has now been written off.

    Then five mins ago i had a man from resolvecall at my door to hand deliver a letter which i assume was maybe a court document when i asked what it was he said im not allowed to say and kept trying to hand me the letter and get me to sign for it. I told him i wouldnt accept it i didnt know what it was and closed the door on him.

    Can they still chase this debt after 6 years? should i call and tell them to leave me alone.

    I should also say i live in scotland if that has any bearing.


    If you live in Scotland this debt would become Statute Barred after five years (not 6 years) from when you last made a payment or acknowledged the debt.

    If the debt is no longer showing on your CRA file that suggests the account was defaulted more than six years ago.

    Might the second man who came to your home have been a process server from the Sheriff's court? I would expect a solicitor to have written to you before it got to that stage so it may be something else.

    Another possibility is they were attempting to serve you with a Statutory Demand but before you become alarmed at that possibility I think you need to establish the situation so you can contact your local CAB for advice on how to deal with it.

    If you recognise the debt and know who the current debt owner is then I would send them a s 77 - 79 CCA Request to protect your legal position. Even though you are in Scotland which is a different legal jurisdiction to England and Wales, the Consumer Credit Act still applies.

    Di
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