A lesson

[Dottir]

So today I received a text from Resolvecall asking me to contact them regarding an amount they claimed I owed. They said they were acting on some part of Intrum, in fact there was a letter from Intrum.

I knew this was not owed, there are several arguments, one being they showed statements with a zero balance but perhaps the most damning was in my files- you see I keep everything, every letter, every email, everything.

I will admit I did wonder what the best course of action was, silence, tell them it was SB or 'have words'

Back in April 2018 (yes almost 6 years ago) was a discount offer from Intrum (interestingly signed by the same person who signed the interim letter today). Tucked away at the bottom of the letter was the following

You should be aware that the period for recovering your debt by court action has expired, so we wil not be issuing Court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment.

So 6 years ago the account was statute barred and they knew it.

So in my complaint that I am in the middle of writing I am quoting (and including copies) of the letters and also this

CONC 7.15.5.If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt- I certainly do not call 5 years and 11 months regular contact

CONC 7.15.6 A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.- Well not sure about you but most people would find the threat of a doorstep visit quite intimidating

CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred- well don't know about anyone else but they told me


Moral of the story
Keep records

I have decided to 'have words' so an email to both resolve call and Intrum is going with all the offending letters. I might just pop a copy in the post if I do not receive a reply . I have asked for a reasonable resolution, an apology, a commitments to never darken my door again and 'recompense for the distress'

[Night Monkey]

I hope you manage to make them go away, but I didn't know this bit:

CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred - <snip>

I'll certainly be making use of that in a couple of years when the DCAs come (metaphorically) knocking once my SB periods are definitely up, so thanks for that.

[Dottir]

I find CONC can be very useful but often is quite wishy washy however it is better than it used to be. Debt owners have people who know their rights.

[Dottir]

Quick update
Emails sent and auto acknowledgements received so I know they have them. The clock is ticking.

[nightwatch]

Helloooo.

have you received anything more from Intrum or RC.

only asking as I received the same letters, even the one in 2018 saying it was passed it's sell by date.
I was thinking they have sent them out as it is almost 6 years since the contacted me, that they are maybe hoping to keep it on the books incase I am old and frail and family may not know about SB and will pay up.
No chance of that, I have told my Chilblains that if ever someone is looking for me, to say i am overseas and if they leave a letter they will pass it on when next visiting.
Or If they mention a debt, to look innocent as they say. Oh you must be mistaken she hasn't used credit for the last 20+ years and are you not breaking the DPA by mentioning it to me?

either way, the letter from RC gave me 7 days to contact them to stop a home visit, I didn't receive it till the 7th day and I was resting, it had been a busy week.
so I missed the dead line and the field rep may have already packed his sandwich and thermos for the long trip to the middle of nowhere to find me and hear the word's no commision earning agent want's to hear, or record on his body cam.

"Are you having a laugh, any ALLEDGED debt I MAY of had is bound by the Statute of Limitations, or Well and truley SB, I will not be making any payment's and any further communication reguarding the matter will be deemed harassment"

or I may just hand him the SB letter I have printed off,
depends who has peed me off and how much that day.

best wishes
NW

[Dottir]

I’ve had a ‘holding’ letter saying they were investigating. I will keep you updated. I will go to the FOS if needed and I’ve told them that.

[Dottir]

Update
so i called Intrum today threatening hell, high water and the FOS . I have given them one week to respond with a final response - aren’t I nice.

For this I feel writing a diary might be seen as admitting something that is not true, in any event anything would be long time barred.

[Roger]

Update
so i called Intrum today threatening hell, high water and the FOS . I have given them one week to respond with a final response - aren’t I nice.
For this I feel writing a diary might be seen as admitting something that is not true, in any event anything would be long time barred.

The AAD Diary is about keeping records.
Personally more than happy for DCA's to read Diary entries!
CONC well aware of this but silence (no contact is my personal preference).
I avoid any reference or discussion that would infer or otherwise liability.

[Dottir]

You may be happy for DCA to read diaries but not everyone will be so circumspect.

You dismiss CONC as something of unimportance but it lays out a lot such as response to a S77-79 request.

You may avoid references but again not everyone will however your point here is irrelevant.

You seem very single minded and I find it amusing you only comment (irrelevantly) today promoting a diary.

Records can be kept without putting them
in the public domain.

if you have nothing useful or constructive to add to my thread please keep off it

[nightwatch]

Well hello again.

I have heard nothing from either of the double act, so am thinking ( dangerous for me) that I will do nothing.

let us know what happen next, if anything.

I am just nosey, and like to know.

[Dottir]

Hi NW

They did say they would call me back by the end of the day- I know they have my number as they have sent me a text although I called from a withheld number.

I will be complaining to the FOS if nothing else about the complete car crash of complaint handling. I will keep you informed - just like you, I like to know (polite version of being nosey). Its amazing just how much knowledge we collect in the recesses of our minds isn't it- I am assuming I have a mind :-)

[Dottir]

A full complaint supported by copies of letters going back 6 years has now been made to the FOS. To hell with Intrum and may they pay the price.

nightwatch

[nightwatch]

No call then I take it?
Oh dear, what a pity

[Dottir]

I received a letter asking me to call so I did.

They told me the account was now closed and they had a backlog but if I was unhappy with the final response it could go to the FOS - I said too late it was already there.

I want compensation for the crass incompetence and failure to meet deadlines by a country mile.

[nightwatch]

I have had a couple of calls from Resolvecall, which I have ignored.
on checking the number on line, someone has said the debt they are chasing is 24 years old, when they pointed it out to them, the reply was " we can legally chase up a debt that is still owing".
Pity they didn't get a recording of that call.