Resolve Call

[abundancexx]

Hi guys, wonder if you can shed some light on a old debt.
In 2014 I received a claim form for a vanquis debt, I filled out the claim form sent it back and after some back and forth. I received a letter in 2015 stating a notice of discontinuance. This debt is now off my credit file.

I have just received a letter from a company called Resolve call in regards to vanquis, stating I should get in contact with them within 7 days, otherwise they will send one of their representatives out to my home.

Can someone please explain what this is all about and if I need to take any further action, I was under the impression that this debt is no longer enforceable.

Many thanks in advance

[Amethyst]

Had you filed a Defence to the claim before they discontinued ?

If so you can write back to 'resolve call' / Cabot reminding them of that fact and to leave you alone and under no circumstances to send anyone to your home.

[abundancexx]

Hi Amethyst, thanks for replying.

I did indeed filed a defence stating that the alleged debt is statute barred this was in 2014. I also wrote to the solicitors back then, requesting a CCA, nothing was sent to me.

What at is my current position ?

[Amethyst]

Okay good. If you filed a defence of statute barred and they discontinued then it is ( if you were right on dates in your defence ) definately statute barred now.

Something like this as a start point?

xxxx
xxxxxxx
xxxxxxxx
xxxxxx

28/08/2018

xxx
xxxxxxxx
xxxxxxxxxx
xxxxx


Dear ResolveCall ( cc. Cabot Financial )

Ref: Cabot FInancial ( Europe) Ltd / VANQUIS / refnumber?

Thank you for your letter dated xx/xx/2018 regarding an account owned by Cabot Financial purchased from Vanquis.

I would advise you to check your clients records. The account, as well as being Statute Barred pursuant to s.5 of the Limitations Act 1980, has already been subject to litigation, and that claim( CLAIM ~REF XXXXXX ) was discontinued by your client following submission of a defence in the case - therefore should they wish to take any further action they will require permission of the court to do so ( refer to Civil Procedure Rule 38.7 )

For the avoidance of any doubt, the claim is denied in full, is time barred, and I will not be contacting your client. Section 7.15.8 of FCA Consumer Credit Sourcebook states: "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."

I do not give ANY permission whatsoever for your 'representative' to make a personal visit to my home.

I would appreciate confirmation in writing that communication will not be continued and that your client will cease contacting me regarding this account.

Kind regards

AbundanceXX

[abundancexx]

Thank you so much Amethyst

[ploddertom]

Resolvecall are just a toothless DCA who think by telling you that a visit will be made will result in you paying them some folding stuff. Take me for instance I live well out in the sticks and if they were to visit would suggest they went back a different route cos' it is more scenic. All the while they have visited me prevents them harrassing anyone else.

[abundancexx]

Lol Thanks for replying Ploddertom.

so really I have nothing to worry about
what is a DCA?

[ploddertom]

DCA = Debt Collection Agency - usually toothless as have no powers but to ask nicely - occasionally may use pretty please. When they are flush they sometimes buy new crayons so they can use the red ones.

[abundancexx]

Thank you for explaining Ploddertom

Since the debt is not enforceable why do they continue chase after it. I’m a little confused

[Amethyst]

They know that people forget it's already been dealt with or don't know their rights, or are maybe in a much improved position that they might just pay to get rid of it once and for all.... they are trying it on, basically ..... going through older debts on the books to try scrape in what they can before it goes in the dead pile...