Visit From Resolvecall - Confused as to Whether Debt is Statute Barred

AshJPM

Hi all, last Friday I had a knock at the door from a guy who said he was here from Resolvecall, and "would I like to go get my phone so I can set up a payment plan". I declined and asked for a few more details - turns out they were acting on behalf of Arrow, who had bought a debt from Argos from 2014 that had at this point slipped my mind tbh.
He asked for my number, which I declined to give him, so he passed me a card and left. I have already had multiple phonecalls from mobile numbers attributed to Resolvecall since Friday and I'm sure they'll be back so I want to deal with it ASAP.  

The only explanation of the debt I've had is a letter from Arrow that arrived the same day as I had a visit explaining that Resolvecall are now servicing the account, the original agreement date and the balance.
 
I want to be sure that the debt isn't already statute barred before I clear it or admit liability in anyway, but having researched it I'm still not 100% certain. My credit report says the default date on the Arrow account was 03/11/2016, so is it six years from then? Or from the last payment, or from when my original Argos account defaulted?

Apologies for the complete lack of knowledge, I would appreciate anyone being able to give me some clarification on this so I can face the DCA with some confidence on where I stand.

Appreciate you giving this a read

sourcrates

Interesting one this, a recent appeal court case has set the "cause of action date" as the date set out on the default notice that your account should have been remedied by, in other words the default date.

In your case it will be statute barred on 03/11/2022.

I`m assuming payment was stopped long before that date ?

As stated, you can ignore Resolvecall, they are just acting for their client, if you can get past the 3rd November, your home and dry.

If they are only just contacting you now, you have to fend them off for 9 months, it can be done.

AshJPM

sourcrates said:

Interesting one this, a recent appeal court case has set the "cause of action date" as the date set out on the default notice that your account should have been remedied by, in other words the default date.

In your case it will be statute barred on 03/11/2022.

I`m assuming payment was stopped long before that date ?

As stated, you can ignore Resolvecall, they are just acting for their client, if you can get past the 3rd November, your home and dry.

If they are only just contacting you now, you have to fend them off for 9 months, it can be done.

Hi Sourcrates, thank you for the response, much appreciated. 

As far as I remember, payments stopped way before that date, yes, but frustratingly it does seem to be the default date that triggers the six years.

I am eager to make some progress on this today, what would be the best course of action in the first instance? To send a prove it? Or perhaps to ask them to confirm the date a default notice was sent? I saw mentioned somewhere that a default date on your credit report is not proof that a notice was ever sent or on what date.

Arrow have only employed Resolvecall on their behalf though it seems, rather than selling them the debt, so the chances of them not being able to prove the date the debt is mine or not being able to confirm the default notice was sent are probably lower?

Many thanks

SusieT

AshJPM said:

sourcrates said:

Interesting one this, a recent appeal court case has set the "cause of action date" as the date set out on the default notice that your account should have been remedied by, in other words the default date.

In your case it will be statute barred on 03/11/2022.

I`m assuming payment was stopped long before that date ?

As stated, you can ignore Resolvecall, they are just acting for their client, if you can get past the 3rd November, your home and dry.

If they are only just contacting you now, you have to fend them off for 9 months, it can be done.

Hi Sourcrates, thank you for the response, much appreciated. 

As far as I remember, payments stopped way before that date, yes, but frustratingly it does seem to be the default date that triggers the six years.

I am eager to make some progress on this today, what would be the best course of action in the first instance? To send a prove it? Or perhaps to ask them to confirm the date a default notice was sent? I saw mentioned somewhere that a default date on your credit report is not proof that a notice was ever sent or on what date.

Arrow have only employed Resolvecall on their behalf though it seems, rather than selling them the debt, so the chances of them not being able to prove the date the debt is mine or not being able to confirm the default notice was sent are probably lower?

Many thanks

Wait for Sourcrates to answer, but do not ask about the default date, as that could be construed as acknowledging the debt, and reset the statute barred date! 
Personally if you are going for statute barred, I would wait a couple of weeks and send the prove it letter. Wait for them to send whatever they eventually find back to you, then a few weeks or letters from them later send a CCA request to Arrow and a SAR to Argos (neither of which will acknowledge the debt), the SAR will show when the default letter was sent. This will buy you time until November.

fatbelly

I agree with SusieT

Telephone communication does not count as an acknowledgement but could encourage them.

Any written communication should contain the line 'I do not acknowledge any debt to you or any company that you represent'. The prove-it letter does that.

I wouldn't necessarily send anything after the prove-it. See what they come back with.

P.S. Don't be 'eager to make progress'

P.P.S Ignore Resolvecall 

sourcrates

I`m with fatbelly on all points.

The default date on your credit file will suffice, you don`t need proof a default notice was sent.

Arrow won`t know squat about the debt they have bought anyway, they are purchased in the thousands, whole portfolio`s at a time, they have just employed Resolve call to attempt to collect it on their behalf.

Any evidence stays with the original creditor, in this case Argos, send the provit, and see what comes back.

starliteaab

sourcrates said:

I`m with fatbelly on all points.

The default date on your credit file will suffice, you don`t need proof a default notice was sent.

Arrow won`t know squat about the debt they have bought anyway, they are purchased in the thousands, whole portfolio`s at a time, they have just employed Resolve call to attempt to collect it on their behalf.

Any evidence stays with the original creditor, in this case Argos, send the provit, and see what comes back.

Could someone please point me to the proveit letter example. In this case  need to sent Arrow rather than resolvecall is that right? ARROW sent a letter saying they have already  passed my details to Resolvecall who will visit my home. 

Also how do I know for sure if a loan is statue barred?