ResolveCall letters and home visits for 14 year old catalogue debt

MR_t0

Hi, my wife who is ill and receives disability benefits (I am her carer) has been receiving letters from Capquest and Resolvecall pertaining to a catalogue debt with Shopdirect from what we can remember to be 2008/2009. She said she vaguely remembers the debt itself but it seems to be way more than she thought it was back then. They are asking for 1,300. Letters have been coming for the last few weeks with them saying a home visit will be organised if no contact is made within 7 days. My wife is not the type who will ignore the door, she will panic and immediately make an agreement on the doorstep and we have children who sometimes run to the door also. Wife is absolutely certain she has made no contact or acknowledged the debt in the entire time and we have lived at 3 addresses since with no contact ever from this catalogue company (she thinks it was Marshall Ward), only now phone calls and letters have started arriving from first Capquest then Resolve Call.

We have never heard a single thing regarding this back in 08/09 in the address she thinks she accumulated it.

My question is should we ignore these letters or should I send to them the letter regarding it being statute barred? Would sending them that letter be considered as acknowledging the debt? also, can I put my name on the letter as her carer or does it have to be signed only by her? I do not feel comfortable ignoring it because wife is ill and panics at the sign of a man with a hi viz and a clipboard on the doorstep and she WILL open door and speak to them.

Is the statute barred letter the best route to go down? Thanks in advance for your help.

sourcrates

Lots of posts involving Capquest and Resolvecall today, they must have bought a portfolio of old debt and now be trying to collect on it.

Don`t engage with Resolvecall, the debt will likely be statute barred, and probably has been for quite a while, so acknowledging it now is neither here nor there, although just to be certain, I would send the "provit letter" first, and see what they have to say.

Resolvecall are just self employed collectors who are paid by results, you really should not have anything to do with them, don`t let her speak to them, easier said than done granted, but the debt is likely statute barred and you won`t have to pay it.

But engaging with Resolvecall will probably result in her agreeing payment terms, I can only advise you not to do that.

MR_t0

sourcrates said:

Lots of posts involving Capquest and Resolvecall today, they must have bought a portfolio of old debt and now be trying to collect on it.

Don`t engage with Resolvecall, the debt will likely be statute barred, and probably has been for quite a while, so acknowledging it now is neither here nor there, although just to be certain, I would send the "provit letter" first, and see what they have to say.

Resolvecall are just self employed collectors who are paid by results, you really should not have anything to do with them, don`t let her speak to them, easier said than done granted, but the debt is likely statute barred and you won`t have to pay it.

But engaging with Resolvecall will probably result in her agreeing payment terms, I can only advise you not to do that.

Thanks for the reply. Is the "provit letter" the same as the statute barred/time has run out one? Also, should I send that letter to the Resolvecall address which is on the most recent "home visit" letter?

sourcrates

MR_t0 said:

sourcrates said:

Lots of posts involving Capquest and Resolvecall today, they must have bought a portfolio of old debt and now be trying to collect on it.

Don`t engage with Resolvecall, the debt will likely be statute barred, and probably has been for quite a while, so acknowledging it now is neither here nor there, although just to be certain, I would send the "provit letter" first, and see what they have to say.

Resolvecall are just self employed collectors who are paid by results, you really should not have anything to do with them, don`t let her speak to them, easier said than done granted, but the debt is likely statute barred and you won`t have to pay it.

But engaging with Resolvecall will probably result in her agreeing payment terms, I can only advise you not to do that.

Thanks for the reply. Is the "provit letter" the same as the statute barred/time has run out one? Also, should I send that letter to the Resolvecall address which is on the most recent "home visit" letter?

No, the provit letter asks them to prove your liability, without formally acknowledging the debt.

The statute barred letter tells them they have run out of time to collect on the debt.

Best to send the former, but if your certain of your timeframe, you can go straight in with the latter.

Resolvecall are just acting on behalf of their clients, Capquest, you can send the same letter to both if you want, it may stop Resolvecall from actually calling on you.

MR_t0

sourcrates said:

MR_t0 said:

sourcrates said:

Lots of posts involving Capquest and Resolvecall today, they must have bought a portfolio of old debt and now be trying to collect on it.

Don`t engage with Resolvecall, the debt will likely be statute barred, and probably has been for quite a while, so acknowledging it now is neither here nor there, although just to be certain, I would send the "provit letter" first, and see what they have to say.

Resolvecall are just self employed collectors who are paid by results, you really should not have anything to do with them, don`t let her speak to them, easier said than done granted, but the debt is likely statute barred and you won`t have to pay it.

But engaging with Resolvecall will probably result in her agreeing payment terms, I can only advise you not to do that.

Thanks for the reply. Is the "provit letter" the same as the statute barred/time has run out one? Also, should I send that letter to the Resolvecall address which is on the most recent "home visit" letter?

No, the provit letter asks them to prove your liability, without formally acknowledging the debt.

The statute barred letter tells them they have run out of time to collect on the debt.

Best to send the former, but if your certain of your timeframe, you can go straight in with the latter.

Resolvecall are just acting on behalf of their clients, Capquest, you can send the same letter to both if you want, it may stop Resolvecall from actually calling on you.

Thanks, I'll send off the provit letter today and see what they say.

MR_t0

Hi Sourcrates I have received a response from Resolve call today. It's the letter which states "Unfortunately it has come to our attention that there are certain websites are providing misinformation" and the letter I sent is a template, "we are contacting you for a legitimate reason",etc. After looking around the forums I can see that others have received this response from them in the past as well. How should I proceed next? Thanks

MR_t0

This is what they have sent me 

sourcrates

CONC 7.14 Settlements, disputed and deadlocked debt

Disputed debt

CONC 7.14.1R01/04/2014RP

1. (1) 

   A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

2. Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.

   
   

   CONC 7.14.4R01/04/2014RP

   Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

   
   

   CONC 7.14.5R01/04/2014RP

   A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.

They are just being pedantic, you have asked for proof of liability, and that is what they should send you.

Your response should be to write back, and in plain English tell them you dispute the debt, on the grounds you do not believe the debt is yours, and you require evidence of your liability for it, as per CONC 7.14, and as was clearly set out in your first letter to them.

Keep it short and simple.

MR_t0

Is there a particular template to use for the response that continues to not acknowledge the debt or should I just put a few sentences together myself essentially repeating what the last letter said?

fatbelly

sourcrates said:

CONC 7.14 Settlements, disputed and deadlocked debt

Disputed debt

CONC 7.14.1R01/04/2014RP

1. (1) 

   A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.

2. Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.

   
   

   CONC 7.14.4R01/04/2014RP

   Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.

   
   

   CONC 7.14.5R01/04/2014RP

   A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.

They are just being pedantic, you have asked for proof of liability, and that is what they should send you.

Your response should be to write back, and in plain English tell them you dispute the debt, on the grounds you do not believe the debt is yours, and you require evidence of your liability for it, as per CONC 7.14, and as was clearly set out in your first letter to them.

Keep it short and simple.

I've highlighted the bit that says it is their job to investigate this and not yours.

Feel free to repeat yourself

You might also point out that their letter appears to be a template

BadDebtor

MR_t0 said:

Hi, my wife who is ill and receives disability benefits (I am her carer) has been receiving letters from Capquest and Resolvecall pertaining to a catalogue debt with Shopdirect from what we can remember to be 2008/2009. She said she vaguely remembers the debt itself but it seems to be way more than she thought it was back then. They are asking for 1,300. Letters have been coming for the last few weeks with them saying a home visit will be organised if no contact is made within 7 days. My wife is not the type who will ignore the door, she will panic and immediately make an agreement on the doorstep and we have children who sometimes run to the door also. Wife is absolutely certain she has made no contact or acknowledged the debt in the entire time and we have lived at 3 addresses since with no contact ever from this catalogue company (she thinks it was Marshall Ward), only now phone calls and letters have started arriving from first Capquest then Resolve Call.

We have never heard a single thing regarding this back in 08/09 in the address she thinks she accumulated it.

My question is should we ignore these letters or should I send to them the letter regarding it being statute barred? Would sending them that letter be considered as acknowledging the debt? also, can I put my name on the letter as her carer or does it have to be signed only by her? I do not feel comfortable ignoring it because wife is ill and panics at the sign of a man with a hi viz and a clipboard on the doorstep and she WILL open door and speak to them.

Is the statute barred letter the best route to go down? Thanks in advance for your help.

I think you can refer Capquest to the FCA for this blatant harassment and abuse with no lawful basis for claim.

As for your mrs, get a video doorbell. Tell your wife to NEVER answer the door to anyone.

I have had so much debt, I do not engage, I keep a file of the letters so I see patterns.

I have had burly HCEO's banging on my door, I ignored them, the creditor paid for 2 lots of 3 visits, I never engaged them and THEY GOT NOTHING.

The letters from the companies that creditors used (so many that I have lost count) all made threats, the only thing you need to be wary of is proper Court papers.

Self employed people are going to be the usual louts, used to clamp cars or be TVL sales person.  Let them come to your door, so what, take the recording and shame them on YouTube.

You could also remove their implied right to go onto your property which means they will be trespassing if they come on, the video doorbell will provide the evidence.

You can get a wired video doorbell for a reasonable price.

Also teach your wife some keywords like foxtrot oscar, get off my property, you are committing an act of harassment which is a criminal offence and will be reported to the Police.  I suspect that some of those "self employed" types may be "known" to them already

From what I have seen on this forum there seems to be a last minute dash on old debts that are statute barred or with no proof of debt because of new FCA rules coming in at end of July.

Oh and if they do not like the prove it letter you can send them variations from the three main debt charities and from debt camel.
 
Put simply 

"The debt is unknown and disputed, I refer you to my previous letter."

or just ignore them

The one thing I have learned from debt cowboys is that any kind of response is activity and tells them you give a shiite, if you give a S then they assume you have something to lose and so will continue or escalate.

If you are certain that you have not made any payments or acknowledged the debt for any period of six years then you have nothing to worry about.