Resolve Call / Intrum

Adviceuk3

I have noticed one or two similar threads on the subject and assume "Resolve Call" are bulk threatening on the dozen.

This morning I received a letter from "Resolve Call" from an old debt that I had my student days over 20 years ago that apparently is own by Intrum.

Shocked wasn't the word when I seen the letter stating that they will be arranging a home visit to my home in the next 7 days. I haven't heard anything about this debt for a good 20 years,

Knowing the rules around "Statute of Limitations" I called "Resolve Call" (I know you should deal with things in writing but I just wanted it sorted")

They confirmed that the debt was back to 2003 and requesting payment on it.

I spoke to the agent could they advise if there was a CCJ issued and if so when? The call handler at "Resolve Call" couldn't answer the question and I stated the "Statute of Limitations"

The handler informed me that even if the debt is statute barred they can still chase it. But I informed them that I am stating to you it is "Statute Barred" and any further communication from you would result in harassment. So the agent marked back to Inrtum that the debt was not being paid due to the "Statute of Limitations".

I have followed this up with a letter / email to both Intrum and Resolve Call to keep it official and in writing as I want writing in all of this.

All evening I have been thinking about this and from what I have read is probably the right thing to do but I am having my doubts over it all as I have read what a horrible companies these 2 are.

1. Firstly have I done the right thing here a debt over 20 years ago stating this? (The National Debt Helpline have said I probably have done the right thing).

2. As the debt was supposedly defaulted back in 2003 (now 20 years ago) and a lets says a backdoor CCJ had been issued back in 2003 that I know nothing about. What would happen now?

3. I assume if nothing was done they can just go to a do one.

I am just concerned in the back of my head what if they got a CCJ back in 2003 (my student digs days) and what are the consequences of it now? Can this be enforced?
I know they probably would have go back to court to enforced anything but would the court tell them to do one given the age?

Just worried now over this all and need a clear direction from someone with advice!

fatbelly

Firstly if the was a ccj they would have said so. You can assume there isn't one.

Secondly, telling you that under Eng/Wales law the debt still exists is half the truth. The other half relates to CONC guidelines and these are set out in our standard letter which you can find in the sticky threads.

Finally you haven't said what sort of debt this is.

Actually, another thing. Was that the Citizens Advice National Debt Helpline?

sourcrates

You should really deal with this kind of thing in writing, no matter how old or preposterous there claim may be.

In the UK, specifically England/Wales & Northern Ireland, the limitation period on simple contract debts is governed by the Limitation act 1980, in Scotland they have the Prescription and Limitations (Scotland) Act 1973.

The period in Scotland is 5 years, the rest of the UK is 6 years.

Legal action prevents use of the act as a defence, however CCJ`s become unenforceable after 6 years, without further permission of the court, which must be granted prior to expiry of the initial 6 year period.

Basically that means that a 20 year old debt, regardless of whether legal action were taken or not, is clearly either statute barred or otherwise unenforceable.

In Scotland the law is much stricter, and these debts cannot be chased, the rest of the UK allows such actions up to a point, if you have made it clear you will not be paying the debt due to its statute barred status, then collection activity should cease, they should reasonably respond in the same manner if a debt is unenforceable for any reason.

If they persist in collection activity, send a written complaint citing legislation governing statute barred debts.
You can always escalate the matter to the Financial Ombudsman Service if you are unhappy with their response.

Adviceuk3

Many thanks for your advice.

I have made sure I have followed up the call with BOTH of these with an email and also a letter taken from the National Debt Helpline regarding "Statue Barred".

I had a feeling that after so long they cant just pop up out of no where and demand payment.

So if no CCJ they can swivel or if the CCJ was taken back so long ago similar rules apply.

I had a restless evening last night over the matter and how to proceed.

But at least I now know the law on it all!

fatbelly

Sounds like an ordinary consumer credit debt and resources from National Debtline

Adviceuk3

Many thanks for your input chaps!

This has made me worried and physically sick. Resolve Call have confirmed that they have closed the file down at there end and sent it back to the creditor.

Just in the back of my head I know this probably wont be the last I have heard on the ancient debt  from 2003 and a "Statue Barred/Prove It" letter has been sent to Intrum.

However I have been on the phone to the National Debt Helpline and they became vague when asked the question.

For instance lets say back in 2005 (nothing has yet to be confirmed) a CCJ was obtained (one I didnt know about). How long can it be active and enforced?

My reading into it all is that when a CCJ is given they have up to 6 years to enforce it but it never goes away 

https://www.carringtondean.com/knowledge-hub/what-happens-to-an-unpaid-ccj-after-6-years/#:~:text=Under%20the%20Limitation%20Act%20(1980,years%20of%20it%20being%20issued.

"Under the Limitation Act (1980), a CCJ can only be enforced within six years of it being issued.

After this time, your creditor can no longer pursue you for statute barred debt unless they are granted permission from the court to extend the CCJ.

A CCJ may be extended if it is on the verge of expiring and no payments have been made towards the debt.

However, for this to happen, your creditor must present a strong case for why the money wasn’t recovered within the time limit"

So clearly a CCJ issued back in 2005 would be dead now and any possible reason for them to extend it being "live" is also dead.

I am just worried sick now if  they come back to me stating a CCJ was issue back in 2005 and we want our money now! Or we will send the bailiffs in!

I am probably overthinking it all but I want to make sure I am dealing with this correctly.

The National Debt Helpline advisor said shed does know the rules about CCJs and assumed they don't die.
From what I read they dont die but there options to enforced them are now extinguished.

Could you advise if this is all indeed the case?

RAS

Please relax. Unless the creditor enforced the CCJ within 6 years of obtaining it, there is no burger all that they can do without court permission. And they won't get court permission.

sourcrates

Court permission for extended enforcement must be granted before expiry of the initial six year period.

That extension cannot be for longer than 12 months.

The time has run out years ago for any of that to happen, they know it, we know it, everyone knows it.

It is impossible to engage a bailiff in this matter as there is no legal justification for it.

Stop overthinking things, I know the unknown can be a worry, but they have absolutely nowhere to go with this.

Cashmygiro

I mentioned last week in another thread on the subject that I received 2 letters from Intrum and 2 from Resolve Call regarding 2 statute barred debts. I emailed the statute barred letter to Intrum and Resolve Call and I have received 2 letters back from Resolve Call saying they are no longer collecting the debt and have passed it back to Intrum. I am still waiting to hear back from Intrum.