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Advice on sending a prove it letter?

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  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    I know I’m a pain but I’m not 100% that the debt would be statute barred?
    I’m so worried about this whole situation, I don’t know if I’m coming or going. 
    All I can think is, what if it’s not statute barred? Even if it is, what else can they do?
    it’s all getting a bit much if I’m honest. 
  • sourcrates
    sourcrates Posts: 31,478 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Ok, take it down a notch, its just money, nothing to get in a fret about.

    Lets start again, this time with the basics, does this debt still show on your credit file, if it does, what is the date of default?

    If it doesn't, it suggests the debt is older than 6 years as it will have been removed automatically, thus adding credence to your belief its statute barred.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 21 January at 2:12PM
    Yes it does. 

    I signed up to Experian to check my file and the default has been recorded on 31/03/2019 but has been re-recorded on the 14/07/2024. 

    I’m assuming that the debt company has filed the default. 

    I have received another text from Restons saying “we still need to hear from you about a personal matter”. With a link attached to their site. 
  • RAS
    RAS Posts: 35,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who re-recorded it last July?
    If you've have not made a mistake, you've made nothing
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    Interum I believe. 

    Who was the debt company that passed it to Resolvecall. When I had the letter from resolvecall I sent a proveit letter. 
    I didn’t hear back from them and now Restons are contacting me. 
  • RAS
    RAS Posts: 35,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Intrum tends to get spell-checked. Big Swedish company who own Capquest.

    Who've been doing a lot this recently. They plainly bought a shed load of debt, some of which becomes statute barred in a few months. They haven't responded with any proof that you owe the money, so any court action will be unsuccessful.

    So they are hoping to get you frightened into paying up before the end of March when it becomes statute barred. Asking their tame lawyers to send a text or letter does not mean they will take legal action. They just desperately want you to admit liability in the next 10 weeks.


    If you've have not made a mistake, you've made nothing
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    I appreciate your feedback. What is my best course of action in this scenario? 

    Considering Restons have text me twice in 4 days now and I still haven’t receive a letter. 
  • EssexHebridean
    EssexHebridean Posts: 24,421 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Well as a starting point you could block the number they are texting from. :wink: 
    🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
    Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
    Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
    £100k barrier broken 1/4/25
    SOA CALCULATOR (for DFW newbies): SOA Calculator
    she/her
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    On returning home this evening I have received a letter from Restons. 
    It states that if by the 28th of January they haven’t heard from me they are instructed to send a Letter of Claim, which is the first step of legal action. 
  • MeteredOut
    MeteredOut Posts: 3,026 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 21 January at 6:13PM
    Macka09 said:
    On returning home this evening I have received a letter from Restons. 
    It states that if by the 28th of January they haven’t heard from me they are instructed to send a Letter of Claim, which is the first step of legal action. 
    You have to ask yourself why they are sending you a letter saying they will send you a letter. Why are they not just sending you that letter?

    Send them a letter saying you'll send them a letter saying you'll be sending them another letter if they do send you that letter.
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