To Whom to Address CCA Request

Amberelli

Hi All, I've just found out about a debt (small amount) of my partner's (over 20 years old) and has been passed from one company to another.

I thought that he'd been paying £1/£2 nominal amounts on all and we have addressed the others (paid of or stopped paying when no CCA could be produced).

This seems to originate from Orange. then passed to Intrum, then CapQuest and now ResloveCall (who just knocked om my door as I was in a work conference call!)…so I need to urgently address this.

I plan to request the CCA today to establish the situation first before deciding on course of action.

To which of these companies should this be sent? Resolvecall as the last company to contact us?

Thank you!

sourcrates

If the original debt was with Orange, then that suggest it was a service agreement, and therefore sec 77/78/79 CCA will not apply.

CCA only applies to consumer credit act debts, not mobile service agreements.

Edit:

Having re-read your post, I agree with RAS, if there have been 6 clear years without payment or written acknowledgement, the debt will be statute barred, and you won`t have to pay it.

You should send the statute barred letter instead.

RAS

If he's not paid anything towards the debt for the last 6 years, this could well be statute barred anyway.

Still exists (unless you are in Scotland) but cannot be enforced in the courts.

Amberelli

Thank you so much both. I have no idea whether it was paid or not as I don't know the reference etc, If I send the statute barred letter would they then reply with evidence of any payments do you think? ... At which point we would offer F&F to get this gone…

The history probably doesn't matter (and this should have been dealt with at the time!) but my partner just told me that he paused a mobile phone contract and when he returned went to reactivate the remainder of the contract - at which point he was told that it had been on hold for too long and he just had to pay the outstanding contract amount.

Not sure it's worth persuing that line at this stage and may be better to just do F&F

RAS

Please, you need to stop (just avoided CAPS), until you both understand more about debt.

The law says that there are certain situations when you do not need to pay a penny.

So why are choosing to pay money unnecessarily?

When roughly did BF take out this account. Roughly when did he stop paying? Did he ever write as opposed to ringing to reactive the account?

Amberelli

https://forums.moneysavingexpert.com/discussion/comment/82133425#Comment_82133425

Thank you - I appreciate your reply. No, I don't know much about adverse debt management as I've never been in this situation or ignored these things - but I am trying to help my partner and stop debt collectors arriving at my door unannounced.

The problem is that I don't know much information and my partner has the most apalling memory of anyone I've ever met, so getting this information is almost impossible.

My understanding is that the phone contract was from pre 2010, paused (upon agreement) when he left the country and then refused when he tried to reactivate in 2010 on is return - causing the debt for the remainder of the contractual term. He said it was a phone conversation so I very much doubt there would be a written record.

I have no records of payments so I've no idea when or if he stopped paying - especially as the debt seems to have been transferred repeatedly to different debt collection agencies so tracking what he's paid when is difficult. He did say that minimal amounts were set up 14+ years ago for all debtors so my assumption at this point is that they have been acknowledged/accepted through payments in the past.

I obviously need to get as much information as I can before resorting to paying anything - but I feel somewhat under pressure to avoid more unwanted visits during my work day.

EDIT:
I looked into the Statute Barred letter but as I am not sure of payment history believe this can backfire - I am going to send a 'Prove It' letter first and a GDPR - only contact me in writing' letter. This may buy me some time to look through the paperwork and accounts and will shed more light on the true situation. Thanks again 😀

RAS

Based on what you say, it's a pity he set up minimal payments, probably over a decade ago.

If he'd simply not paid, all these debts would be statute barred by now and he'd have nice clean credit record.

So let's start at this end?

If he looks at the very front page of MSE, bottom left is the credit club. Your partner can use that to get free copies of his credit records from all three agencies. He needs to know what is listed there.

How is he paying those minimum payments, DD or SO?

Get him to come back when that's done.

Resolvecall have no legal rights at all. Officially they are used to "establish contact." In practice they are used to try to embarrass or frighten people, for debts that are not enforceable or will be shortly. Intrum seem to specialise in trying to ring something out of unenforceable debt.

Amberelli

Hi Again All! Thank yoy @RAS for your help and advise.

I've now got the credit reports from Equifax and Transunion. Still need to get on Experian however I did have this previously. All three have nothing at all - they are squeaky clean with no mention of this or other debt or defaults at all.

I've also looked back almost 6 years on his bank statements (to Jan 2020) - he was paying 6 debtors a nominal amount but 3 have been settled/written off and the other 3 I requested CCAs which could not be produced (so I am sending letters and stopping the payments). I see no reference to having paid anything for this 'Orange' debt to Capquest or directly to Orange (although I do not know whether a different debt agency may have bought the debt in between).

Should I send the ProveIt letter or Statute Barred or will I make things worse with one or the other?… And to Whom do I send it - Orange as the original debtor or Resolvecall who are now chasing?

Thanks again so much :)

sourcrates

Send it to Resolvecall, as they are currently the ones contacting you.

Don`t expect them to do much, they may or may not pass it up to the creditor.