Pip's UE Diary

[Pip]

"But for this one, would I write to Capquest or Resolvecall?"

If you were sending the Statute Barred letter, you would send it to whoever is the owner of the debt, and writing to you. Definitely not to Resolvecall. Capquest are owned by Intrum so they are linked for this purpose. Have you had any correspondence at all direct from Intrum?

Haven't had any correspondence directly from Intrum.

But everything else has gone quiet and I've heard nothing more from the DCA or Capquest or whoever since the text from Resolvecall on 7th August 2023.

[Still Waving]

"But for this one, would I write to Capquest or Resolvecall?"

If you were sending the Statute Barred letter, you would send it to whoever is the owner of the debt, and writing to you. Definitely not to Resolvecall. Capquest are owned by Intrum so they are linked for this purpose. Have you had any correspondence at all direct from Intrum?

[The Tech Clerk]

» Statute Barred - England (6 years) send proof posting keep copy. after which we come into harassment area.

If a creditor continues to contact you once the debt becomes “statue barred” then you are entitled to report them for harassment, as well as making a complain to the Financial Conduct Authority.19 Apr 2023

Consumer Credit sourcebook (CONC) 7.15.4

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt. It does not mean the debt no longer exists. The amount of time a creditor has is called a ‘limitation period’.

Different debts have different limitation periods, and this area of law can be complicated. If you think you have a debt that might be statute barred, contact us for advice. See our Statute barred debts fact sheet for more information.

The Consumer Credit sourcebook (CONC) says that the following practices are considered unfair or improper when dealing with statute barred debts:

• asking you to pay even if you have heard nothing from the creditor during the limitation period;
• telling you that your creditor may take you to court when they should know that the limitation period has run out; and
• pressing you for payment if you have told the creditor that you are not going to pay the debt because the limitation period has run out.

NOTE:- Tell once and for all?pressing you for payment if you have told the creditor that you are not going to pay the debt because the limitation period has run out

[Pip]

AND DEC 2014 ".. 1st Credit (Finance) Ltd .."

Well makes it 9 years say 2 months. If this was me I would send the two recorded letters! One for Harrasment and the Other Statute Barred!

1st Credit is for a different account. Now Intrum. But for that other account they already confirmed in writing in 2018: "You should be aware that the period for recovering your debt by court action has expired, so we will 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." (but yes, that's for a different account -- this one [link])

But for this one, would I write to Capquest or Resolvecall? I would otherwise have waited until the wording would gets threatening around litigation, which hasn't been the case with any account for years now. If Resolvecall get no joy from me, they'll just chuck it back to Capquest (albeit the debt is now "owned" by Intrum Poplar Designated Activity Company -- an Irish company).

[Roger]

The last communication I made with Capquest was in May 2014: Sent Formal Letter Before Action Response to Capquest
Link to diary entry

AND DEC 2014 ".. 1st Credit (Finance) Ltd .."

The Court has today handed down Judgment in a case where we were instructed to represent an individual consumer and where the Appellant was Intrum UK Finance Limited (“Intrum”), formerly known as 1st Credit (Finance) Limited.

Intrum issued proceedings in the County Court in May 2019 alleging to be an assignee of a Halifax Credit Card Agreement entered into by the consumer in 2006. The consumer instructed Joanna Connolly Solicitors to defend him in the claim. We made an application in June 2019 for summary Judgment and/or the claim to be struck out. The application was heard in August 2019 by Deputy District Judge Trent, sitting in the County Court at Sheffield. After hearing from Mrs Connolly, Solicitor Advocate for the consumer, and Counsel of Gough Square Chambers for the Claimant, Deputy District Judge Trent made a finding that the Claimant (Intrum) was not authorised by the Financial Conduct Authority (“FCA”), and thus not entitled to bring legal proceedings against consumers. The Judge therefore struck the claim out and ordered Intrum to pay the Defendant’s costs.
.. ..

Well makes it 9 years say 2 months. If this was me I would send the two recorded letters! One for Harrasment and the Other Statute Barred!

[Pip]

OK

".. 2017
JAN Letter from CapQuest: .."

Now have you EVER spoken to , written to, otherwise contacted CapQuest? I ask because Statute Bar - 6 years plus 1 month from say 2017 Jan is say 2023 March!

Its Now August 2023 (well 6 years 7 months from that Jan 2017 date)

The last communication I made with Capquest was in May 2014: Sent Formal Letter Before Action Response to Capquest
Link to diary entry

[Roger]

OK

".. 2017
JAN Letter from CapQuest: .."

Now have you EVER spoken to , written to, otherwise contacted CapQuest? I ask because Statute Bar - 6 years plus 1 month from say 2017 Jan is say 2023 March!

Its Now August 2023 (well 6 years 7 months from that Jan 2017 date)



28 July 2023, 10:25
The Tech Clerk
» Statute Barred - England (6 years)

5 August 2023, 07:41
The Tech Clerk
".. beware capquest may take decision to try to get CCJ in the view the person no longer lives there? back door CCJ.. keep eye open for any movement from them.
If they are told statue barred then if they ignored the fact that would be up to them and lose funds. .."

Send to CapQuest Recorded Delivery Plus » Harassment & Threat of Doorstep-Visit
No need for any explaination Just The Two Letters Registered Post !

[Pip]

Even though you told them you didn't live there ?? (I wouldn't have done that btw)

In all the years, this is the first time anyone has ever rung to bell to try and speak to me. I've had maybe two or three cards through the door, years ago, but no attempt ever to speak to me.

Resolvecall seem like a bottom-feeding debt collection agency though, so no repercussions from this. I'd rather they stop texting (no number on the text, so you can't block it), but if and when they actually phone, I'll say it's the wrong number. I'd prefer to avoid writing to them for the time being.

[Ballister]

If it were me I would just send the Statute Barred letter and be done with all the hassle

[Still Waving]

I've received a text message from Resolvecall: "We have not received contact from you following our recent visit to your property. Please contact us on 0141 --- quoting ref. number urgently."

Even though you told them you didn't live there ?? (I wouldn't have done that btw)

[Pip]

Hmm. Capquest no longer "own" the debt -- it's been passed on to "Intrum Poplar Designated Activity Company", although Capquest Debt Recovery Ltd say they are administering it.

I've received a text message from Resolvecall: "We have not received contact from you following our recent visit to your property. Please contact us on 0141 --- quoting ref. number urgently."

[Roger]

beware capquest may take decision to try to get CCJ in the view the person no longer lives there? back door CCJ.. keep eye open for any movement from them.

If they are told statue barred then if they ignored the fact that would be up to them and lose funds.

Spot on The Tech Clerk
SILENCE doesn't mean dropping your guard! It means watching and second guessing!
You would think that they would have to send a LBC but it may be they could try a backdoor attempt at CCJ

[The Tech Clerk]

beware capquest may take decision to try to get CCJ in the view the person no longer lives there? back door CCJ.. keep eye open for any movement from them.

If they are told statue barred then if they ignored the fact that would be up to them and loose funds.

[Pip]

AUG Letter from Resolvecall: We need to speak with you to understand your current circumstances to tailor an amicable solution that considers your present situation. // If we do not hear from you within 7 days from the date of this letter, Capquest Debt Recovery Ltd will instruct us, without further notice, to arrange a visit to your property. Please do not ignore this letter. Act now to have a positive discussion about your account.

Link to diary post ------>

Well they did send a letter, and somebody did come round! I spoke to the person through the door intercom:

"I'd like to speak to a Fred Bloggs."
"Sorry?"
"I'd like to speak to Fred Bloggs"
"There's no-one of that name who lives in this building."
"OK, sorry to have bothered you."

I haven't gone to the expense of writing to them or whichever Capquest of the many Capquest companies now are now administering the "account".
Let's see what happens next!

[The Tech Clerk]

» Harassment & Threat of Doorstep-Visit