resolvecall old debt

jimbald

Hi,
A friend has had contact from resolvecall via capquest via shop direct ref a debt from 2002!! She has no knowledge of this debt but did have catalogue transanctions with littlewoods around this time. If any debt exists am I correct in assuming it will be statue barred.

fatbelly

Yes, it will be statute barred except the unlikely case of there already being a court judgement on it.

Shop Direct were mot very good at obtaining a signature on a credit agreement (which was needed pre-2007) so probably unenforceable on those grounds too.

I hope your friend can find a good use for waste paper

sourcrates

The limitation period is 6 years (England & Wales) 5 years in Scotland.

As long as there has been no legal action taken, no payments or any written acknowledgement has taken place in any period of the above since the debt defaulted, then its pretty safe to say it would be statute barred, yes.

In the stickie section of this board, is a hybrid letter, basically saying -

"I do not recognise the debt, and it would be statute barred anyway".

Due to its age, I would just go straight in with the hybrid letter, which should put it to bed nicely.


Here it is, shortened, edited version -

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to <creditor>.


Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".


We would ask that no further contact be made concerning the above accounts unless you can provide evidence of :


(1) proof of my liability regarding this debt.

and

(2) proof that the relevant limitation period under Section 5 of the Limitation Act, did not accrue.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the FCA/FOS of your actions.

YOU MUST ALSO TREAT THIS AS A FORMAL COMPLAINT, AND AS SUCH I REQUIRE A COPY OF YOUR COMPLAINTS PROCEDURE AND A RESPONSE TO TAKE TO THE FINANCIAL OMBUDSMAN.

I look forward to your reply.

Yours faithfully




Mrs A N Other

jimbald

fatbelly said:

Yes, it will be statute barred except the unlikely case of there already being a court judgement on it.

Shop Direct were mot very good at obtaining a signature on a credit agreement (which was needed pre-2007) so probably unenforceable on those grounds too.

I hope your friend can find a good use for waste paper

I know it sounds mad but could there be a ccj without her being aware of it? She did ring them and apparently told that they would get a copy of the original account agreement which would be 1997 according to them.Thanks for the replies!!

fatbelly

Yes but if there was one they would tell you, as it changes the status.

I'm surprised if they (a) got an agreement signed in 1997 and (b) kept a copy.

The letter above is probably the way to stop this.

Just to be clear, telephone calls do not count as acknowledgement but I wouldn't be phoning them.