Resolvecall Letter

siopa

15 years ago I had a small business that went under and I ended up with various credit card debts. One of them for £3,800 was bought by Capquest. I think it went to court in Northampton, I didn't attend, but an agreement was made whereby I paid them £1 a month. I paid this monthly until a few months ago when for reasons I don't know, Capquest ended the agreement. Last week I received a letter stating they had instructed Resolvecall to assist in collecting the outstanding debt. I would have thought this debt would be statute barred by now, I have just checked my Credit Report and this debt is not mentioned anywhere on it. I am 67 years old, retired and living on the state pension. Any ideas how I should approach this. I have been given 7 days to respond.

spinningsheep

I'm not 100% sure, and I'm sure @sourcrates will be along soon to offer excellent advice as always, but as far as I'm aware, a CCJ is never statute barred once granted, and if unenforced in 6 yrs, the creditor would need to apply to the court to pursue recovery of the debt. However, as i understand you were until recently in a payment arrangement to repay the monies owed, so doubt the enforcement in 6 yrs would be applicable here.

My advice would be to engage with them ASAP, if you are unable to pay in full, propose a reasonable payment plan to avoid further action to enforce the CCJ granted over 6 yrs ago. 

MEM62

If a CCJ was granted the debt will not be statute barred.  You will need to work out a repayment plan with Resolvecall.  In your circumstances, it may well be that you end up paying the £1 that you were before.  You could explain your circumstances and they might just write it off.    

sourcrates

Debts subject to legal action never go statute barred.

Your £1 a month payment would have been in direct response to the original judgement, and we can safely assume that was more than 6 years ago, as you say none of this shows on your credit files.

The 6-year time clock to take further enforcement action starts on the date the judgement is granted, so has clearly now run out of time, should they want to enforce this further, they would need to seek the permission of the court to do so, and usually 6 years is deemed to be time enough.

Resolvecall are just doorstep collectors engaged by Capquest to collect the debt on their behalf, you don`t have to deal with them, and there 7-day timescales are of no importance whatsoever, frankly they are not easy to deal with at the door, so it`s best to do everything in writing, if you want to engage with them.

Personally, I would leave Resolvecall out of the equation, and go straight to Capquest.

MEM62 (above) lays the foundation for the path you should take with this, write to them, explain how the cost-of-living crisis is affecting you, tell them it`s unaffordable, and that you cannot afford to pay anything, and ask if they will write off the debt.

That is the approach I would take.