Resolvecall and Statute Barred Debt

HI, looking for some advice re. Resolvecall and a Statute Barred Debt which dates back a good 8-9 years. Had been receiving countless phone calls which were all ignored alongside letters when a week ago I emailed them the standard letter stating that I admitted no liability and didn't intend to make any payments etc. They have subsequently emailed back asking for full name, DOB and full address. I stated everything but DOB on the letter - what would be my next course of action? Whilst I know this isn't something they can legally chase doesn't mean they will not keep trying and what I don't want is them turning up at the door. Thankyou :)

Comments

  • jlfrs01
    jlfrs01 Posts: 291 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    edited 17 August 2023 at 12:17PM
    Do you know when the last payment was made towards the debt and can you confirm it wasn't against a Mortgage? I am presuming the debt was unsecured?
  • jlfrs01 said:
    Do you know when the last payment was made towards the debt and can you confirm it wasn't against a Mortgage? I am presuming the debt was unsecured?
    Unsecured personal loan - last payment at least 9 years ago
  • jlfrs01
    jlfrs01 Posts: 291 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    PSH1978uk said:
    jlfrs01 said:
    Do you know when the last payment was made towards the debt and can you confirm it wasn't against a Mortgage? I am presuming the debt was unsecured?
    Unsecured personal loan - last payment at least 9 years ago
    In that case you're safe because the last payment was over 6 years ago so it is in fact Statute Barred. It doesn't mean you still don't have this debt, it's just you're no longer required to settle it in full or in part. I imagine what's happened is the original lender sold your debt on along with a load of others to this debt collection agency. They'll rely on ignorance and fear for people to pay up or at least pay something - that's what all the letters and phone calls are designed for - intimidation.
    They won't be turning up at your doorstep, they can't - that would be Bailiffs and for that to happen you'd have to be taken to Court but they have no legal basis for doing so.
    Resolvecall will no doubt continue to call you and send ever-more threatening and official looking letters. I certainly wouldn't speak with them (block their number and they'll soon get the message) and destroy their letters or mark as "return to sender" and put them back in the mailbox.
    If you want to send them an email, then do so referring to your previous email noting only their reference number and reiterate that as this unsecured debt is now more than 6 years old it is written-off as Statute Barred and you decline to pay any part of it. You consider the matter to be closed and any phone calls and letters Resolvecall make and send will be ignored. 
    OK?
  • fatbelly
    fatbelly Posts: 22,558 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    There's a snotty letter you can send if they ignore you, in the sticky thread

    https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act

    Other than that it's just ignore them
  • jlfrs01 said:
    PSH1978uk said:
    jlfrs01 said:
    Do you know when the last payment was made towards the debt and can you confirm it wasn't against a Mortgage? I am presuming the debt was unsecured?
    Unsecured personal loan - last payment at least 9 years ago
    In that case you're safe because the last payment was over 6 years ago so it is in fact Statute Barred. It doesn't mean you still don't have this debt, it's just you're no longer required to settle it in full or in part. I imagine what's happened is the original lender sold your debt on along with a load of others to this debt collection agency. They'll rely on ignorance and fear for people to pay up or at least pay something - that's what all the letters and phone calls are designed for - intimidation.
    They won't be turning up at your doorstep, they can't - that would be Bailiffs and for that to happen you'd have to be taken to Court but they have no legal basis for doing so.
    Resolvecall will no doubt continue to call you and send ever-more threatening and official looking letters. I certainly wouldn't speak with them (block their number and they'll soon get the message) and destroy their letters or mark as "return to sender" and put them back in the mailbox.
    If you want to send them an email, then do so referring to your previous email noting only their reference number and reiterate that as this unsecured debt is now more than 6 years old it is written-off as Statute Barred and you decline to pay any part of it. You consider the matter to be closed and any phone calls and letters Resolvecall make and send will be ignored. 
    OK?
    Sounds great thanks a lot for your advice :)
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