Old unenforceable debt sold to resolve

MammaOftwo

Hello, not too sure what to do here so hoping for some advice.  

I defaulted on a Virgin CC in 2020 and went onto a DMP with Stepchange, the debt was passed to Arrow Global/Capquest and in Sept 2021 I sent them a CCA request which they were unable to fulfil so I stopped paying via Stepchange in Dec 2021 and i didn't correspond with them further after my CCA request.

A few weeks ago Capquest wrote to me and said that they were passing the debt to Resolvecall (who I think are still part of Capquest) - I had a letter from Resolvecall telling me I had 7 days to get in touch as they have been instructed to collect the outstanding balance and I ignored it, possibly not the brightest of me but I wasn't sure what to do and then they sent a collector to knock on my door - I refused to answer any of his questions and he couldn't mention the debt without me confirming my personal details so he left and later posted a card through the door asking me to call Resolvecall.

So should I send a prove it letter to Resolvecall? Or a letter telling them that its unenforceable? I don't want to reset the 6 year clock.

sourcrates

Capquest own the debt, the only part Resolvecall play in all of this is to re-connect you to Capquest, nothing more, they haven't bought the debt, they don`t buy debts, they are simply a 3rd party collection agent engaged by the creditor to connect with you, they have zero credibility and just as much authority.

You did exactly the right thing by not complying with their requests, continue to do that.

The debt is currently unenforceable under sec 77 CCA 1978, and has been since they could not comply with your CCA request.

You should just ignore them both unless they try to take you to court, they have until 2027 to do that, a letter before action is the prelude to this, and must be sent under civil procedure rules.

Any written correspondence will, as you say, re-set the limitation clock, we don`t normally advise phoning debt collectors, but if you are confident enough to call and tell them the debt is unenforceable and why, and not to bother you again until they can supply what they were supposed too originally, you know, mess with their minds a little, that would be fine.

Otherwise continue to do nothing, nada, zilch.

MammaOftwo

Thanks Sourcrates, i'll give them a call on Monday.

Brie

sourcrates said:

Capquest own the debt, the only part Resolvecall play in all of this is to re-connect you to Capquest, nothing more, they haven't bought the debt, they don`t buy debts, they are simply a 3rd party collection agent engaged by the creditor to connect with you, they have zero credibility and just as much authority.

You did exactly the right thing by not complying with their requests, continue to do that.

The debt is currently unenforceable under sec 77 CCA 1978, and has been since they could not comply with your CCA request.

You should just ignore them both unless they try to take you to court, they have until 2027 to do that, a letter before action is the prelude to this, and must be sent under civil procedure rules.

Any written correspondence will, as you say, re-set the limitation clock, we don`t normally advise phoning debt collectors, but if you are confident enough to call and tell them the debt is unenforceable and why, and not to bother you again until they can supply what they were supposed too originally, you know, mess with their minds a little, that would be fine.

Otherwise continue to do nothing, nada, zilch.

I didn't think it was "any" written correspondence but rather written correspondence that includes an admission that the debt was the OP's.  As far as I'm aware there would be no admission if the OP wrote saying "prove to me there is a debt by providing me with the CCA" or similar.  They weren't able to provide it before so they are unlikely to magic it up now.

sourcrates

Brie said:

I didn't think it was "any" written correspondence but rather written correspondence that includes an admission that the debt was the OP's.  As far as I'm aware there would be no admission if the OP wrote saying "prove to me there is a debt by providing me with the CCA" or similar.  They weren't able to provide it before so they are unlikely to magic it up now.

No point sending prove-it letter as liability is not in doubt.

Any dispute raised with Resolvecall will only result in them returning the debt to Capquest as they won`t want to deal with it, and are not worth wasting time on to be fair.