Resovecall chasing 9/10 year old debt

Adviceneeded1

Wondering if anyone could shed any light and give advice on what to do.

On 16/12/19 letter received from arrow global stating despite multiple attempts I’ve not been in touch regarding EGG account so now passed to resolvecall. 1st letter I’ve received from them. Lived at this address 10 years.

25/12/19 arrow global AF search on credit karma report.

30/12/19 letter from resolvecall stating acting on behalf etc and failure to contact within 7 days will lead to a personal visit. No visit as yet.

Stopped paying EGG in 2009

June 2010 A judgment for claimant issued to old address but redirected as I had moved end of 2009 claimant EGG name & address for payment Bryan Carter Solicitors (now dissolved) never paid this and no further letters received about this nor escalated on their part. In all honesty I forgot about this thinking it was statute barred etc until the letter from arrow.

Credit club from MSE file clear of CCJ’s and credit karma formally Noddle is clear of any CCJ’s as of present day.

What do I do now? Is the Judgement for Claimant still enforceable even though EGG and Bryan Carter no longer exist? Arrow nor Resolvecall have stated a default date in their letters. Can they apply for a CCJ or is all of this statute barred? Shall I make any contact with them?

Any help would be greatly appreciated and please no judgmental comments as I know it was my debt etc..

Ben8282

These people are trying it on. They have bought this debt for pennies and now want to try to get you to pay up. IGNORE all correspondence. Do not reply to their letters. There will be no 'personal visit'. If there is, close door in their face and call police if they persist or don't leave.
I find the credit search on your files made on Christmas day to be rather odd. What type of search was it? This is not normal practice for DCA's who have bought ancient debt.
They cannot obtain another ccj. They cannot default the account again. In theory they could try to enforce the ccj but as more than 6 years have elapsed since it was granted they would have to obtain permission from the court to attempt to enforce it, which would not be at all easy for them for several reasons.

Adviceneeded1

Thank you for your reply. It was a AF search which I thought it to be an affordability search.

Ben8282

Adviceneeded1 wrote: »

Thank you for your reply. It was a AF search which I thought it to be an affordability search.

Have been trying to determine what AF search means.
The SOLE mention of such a search that I can find anywhere is the thread.
https://forums.moneysavingexpert.com/discussion/5936149/what-does-af-mean-on-credit-report-from-halifax
would seem to suggest that it is an affordability search although I have never previously heard of such a search and, as CRA's don't know what an individuals's income is, I find it hard to understand how such a search could verify a person's income as claimed.

Regardless of this, these people should not be searching your credit files as you have never consented to them doing so.

[Deleted User]

Ben8282 wrote: »

Have been trying to determine what AF search means.
The SOLE mention of such a search that I can find anywhere is the thread.
https://forums.moneysavingexpert.com/discussion/5936149/what-does-af-mean-on-credit-report-from-halifax
would seem to suggest that it is an affordability search although I have never previously heard of such a search and, as CRA's don't know what an individuals's income is, I find it hard to understand how such a search could verify a person's income as claimed.

Regardless of this, these people should not be searching your credit files as you have never consented to them doing so.

Just to clarify: organisations don't need consent to access your personal data on credit files, an activity euphemistically referred to as 'a search'. I believe it used to be the case that consent was needed, but now, there are so many exceptions that, in effect, any organisation with which you have a financial arrangement, and many others as well, can access the information about you. A classic case here is the water company, but others - you might be surprised to know - include your local council.

sambaird

In all likelihood, they are just trying speculative letters to try and get you to pay.

However, if a CCJ was granted against you, the legal owner of the debt could possibly reapply to the court to restart enforcement action. How likely this actually is, I don’t know, (depends how much effort this new company want to put in to get you to pay, but it is a possibility.
However, if the court did grant the ability to enforce, The CCJ would not reappear on your files.

Perhaps you could send a modified version of the profit/statute barred letter, asking them to prove the court has allowed them to re-enforce the debt.

Ben8282

sambaird wrote: »

Perhaps you could send a modified version of the profit/statute barred letter, asking them to prove the court has allowed them to re-enforce the debt.

I really would recommend against this. Once you start writing to them you are giving them exactly what they want. CONTACT..
Unless you actually receive any correspondence which has really originated from a court in respect of this, which I consider unlikely in the extreme, do not contact the DCA in any way.

sourcrates

sambaird wrote: »

In all likelihood, they are just trying speculative letters to try and get you to pay.

However, if a CCJ was granted against you, the legal owner of the debt could possibly reapply to the court to restart enforcement action. How likely this actually is, I don’t know.

Ben8282 wrote: »

I really would recommend against this. Once you start writing to them you are giving them exactly what they want. CONTACT..
Unless you actually receive any correspondence which has really originated from a court in respect of this, which I consider unlikely in the extreme, do not contact the DCA in any way.

Legal action has already been taken, and it can only be taken once.

Its been more than 6 years since the judgement was granted, so the claimant would need the courts permision to further enforce this debt, this virtually never happens, unless you`ve been living on the moon, the claiment was well able to trace you within those 6 years.

Ben8282 is correct in that once you make contact they may not leave you alone, they buy these debts up for next to nothing, then try to collect on them.

I would leave it for now, but if they get annoying, i can suggest a letter to send them.

Adviceneeded1

Thank you everyone for all your replies.

Could it be the DCA’s have no idea about the judgment?

I will not do anything for now and see what happens next.

Ben8282

Adviceneeded1 wrote: »

Thank you everyone for all your replies.

Could it be the DCA’s have no idea about the judgment?

I will not do anything for now and see what happens next.

The DCA may well have no idea about the judgement. I doubt that they have much idea about anything at all. When they buy up these debts they receive minimal information. Somebody with more knowledge of the subject may be able to tell us exactly what information these buyers of statute barred debt do actually receive.

sourcrates

Adviceneeded1 wrote: »

Thank you everyone for all your replies.
Could it be the DCA’s have no idea about the judgment?
.

The CCJ does not show on your file, and it will not show on the register of judgements, as more than 6 years has passed, so its extreamly unlikley Arrow Global know about it either.

So this is where things may get a tad tricky, they may threaten court action, if they do, you will have to write to them and spill the beans on the whole thing, otherwise a second judgement is entirley possible, remember records only get kept for 6 years, you will have a hell of a job sorting it out if they do go down that route.

Old statute barred/out of time judgement debts etc get sold all the time, there is always some bottom feeder collector who try`s to make a few quid from them, most of the time very little information is included with the debt, maybe a name, partial address, account number, thats about it, it really is the wild west in some areas of debt collection.

They tend to letter, email, or text, everyone with similar details in that specific area, in the hope of getting a hit, there portfolio of collection template letters always imply they have been trying to contact you, its a subtle line they spin to get you to ring them, all they want is the money, they are not particulaly bothered who pays.