Resolvecall

[Deleted User]

Send the statute barred debt, no real point trying to get them to prove they bought it and have the right paperwork which, if they do, they will use to come back to you anyway at which point you'll have to then use statute barred anyway.

Just google the wording, there is a perfectly good template on the national debtline site which was the first result for me

Hideen881

thanks ill check it out, appreciate it

sourcrates

Debt collectors/debt purchaser's, never have any paperwork whatsoever, it never leaves the original creditor, unless you, the debtor ask for it.

When debts are sold, they are sold in bulk, and these companies will always state the debt was bought in good faith blah blah, and they were not aware of any dispute blah blah, as they really have no idea if a particular account is unenforceable due to limitation, or for any other reason, as they are all bought on a gamble, in the hope the debtor will pay up without question.

So you should always ask for proof the debt is owed, but by sending the statute barred letter, you will be taking a gamble that the debt is actually statute barred, as that letter is an acknowledgement of the debt, so you must be sure.

It would be very silly to acknowledge the debt a few days or weeks before it actually reached limitation, you really want to avoid that scenario.

Much better to send the "provit" letter, which is specifically worded so as not to acknowledge any debt, that is available in our sticky section, along with a statute barred template letter also -

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

Hideen881

Really apprectiate the detailed response. 

That was my worry, by sending the statuted barred letter, I would be acknowledging the debt. I think you're right, it's probably better to wait maybe another 6 months or so before sending this.

I'll send a prove-it letter - is it better to send only this, or send the statuted barred at the same time?

SusieT

Hideen881 said:

Really apprectiate the detailed response. 

That was my worry, by sending the statuted barred letter, I would be acknowledging the debt. I think you're right, it's probably better to wait maybe another 6 months or so before sending this.

I'll send a prove-it letter - is it better to send only this, or send the statuted barred at the same time?

I would only send the prove it letter, IF you have a few months still to go before it is SB, then by sending the SB letter as well you will have acknowleged the debt and reset the clock. It is a lot better to wait as long as possible before saying SB to make very sure that they heve no comeback.  
By sending the prove it letter you are buying time (especially at this point in the year) as they will have to contact the original creditor who will have to dig out the information, send it to the current owner who then send it to you. With Christmas and new year that can easily add a month. If they just send a statement, you wait a couple of weeks and then ask for a CCA (a copy of the actual agreement) which will take another month or 2. Basically you wait until you are 100% sure that the last payment is over 6 years since default or your last payment. That way you will not be taking a chance on resetting the clock. Do not rush and get excited about sending the SB letter, even though it would appear that it has already got to that point.

ManyWays

I suggest you use National Debtline's template statute-barred letter which does not admit liability for the debt: 
https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/

Hideen881

thanks for all your help guys.

just an update:

I received a knock at the door from Resolvecall. I was half asleep and they asked my name, I said yes, they proceeded to go through verifying my details but I said I don't want to proceed and closed the door. 

Where do I stand now and what is the best course of action going forward? I've never had a knock at the door and its a coincidence that they are knocking now when im sure the debt is now statute barred. It has unnerved me a bit so just want to double-check what I should do next.

Thanks   

[Deleted User]

Hideen881 said:

thanks for all your help guys.

just an update:

I received a knock at the door from Resolvecall. I was half asleep and they asked my name, I said yes, they proceeded to go through verifying my details but I said I don't want to proceed and closed the door. 

Where do I stand now and what is the best course of action going forward? I've never had a knock at the door and its a coincidence that they are knocking now when im sure the debt is now statute barred. It has unnerved me a bit so just want to double-check what I should do next.

Thanks   

Unless you get proof it is statute barred, they won't go away, however if they're not high court enforcement they can't do much 

sourcrates

As has been said in many posts about this company, they are just self employed collectors, they are not bailiffs.

They have no power to do anything, so can be ignored.

People get twitchy when they get a knock at the door from a debt collector, which is precisely why they are used, its all to encourage you to engage with them, just one tactic they use.

Just one thing, you don`t have  to prove anything, its up to them to prove the debt is valid, provit letter a good first step, see what they come back with, you can send the SB letter at a later date.

Hideen881

sourcrates said:

As has been said in many posts about this company, they are just self employed collectors, they are not bailiffs.

They have no power to do anything, so can be ignored.

People get twitchy when they get a knock at the door from a debt collector, which is precisely why they are used, its all to encourage you to engage with them, just one tactic they use.

Just one thing, you don`t have  to prove anything, its up to them to prove the debt is valid, provit letter a good first step, see what they come back with, you can send the SB letter at a later date.

thanks for the great advice! I'll send a prove it letter and go from there. I just wanted to check, me agreeing to my name at the door won't implicate me in anyway will it?