Resolve Call

[gmleo]

I'll try to make this brief.
Santander bank overdraft debt, around £1K, from 2008.
It was on my credit file as a default, it's done its 6 years, since dropped off, now my credit file is clear.
Been receiving the occasional letter, ignored them.
Just had a letter yesterday (ripped up and put in bin) to say they've sold the debt onto... whoever.
Woke to find a card on my doormat this morning, from Resolvecall Ltd quoting a reference number.

I'm off work, have been for two years, with C-PTSD, been seeing an NHS therapist for the past 18 months, EMDR.
I thought I was done with all this, debt chasing. It causes me stress, anxiety.

What can I do, what should I do? How to stop them contacting me again?

Tia

[Amethyst]

Resolve call just try to encourage contact with the creditor/dca.

Is the debt with Cabot ? Sounds like it'd be statute barred if it's fallen off your credit file so you could write to Cabot to tell them it's statute barred ( over 6 years since default or last payment ) whilst informing them of your health issues so that the letters cease. Remember they don't know anything about you, or the debt, other than very minor detail given to them by the bank.

Ill find a starting point letter for you.

[Amethyst]

Starting point

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''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 await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[gmleo]

Many thanks for this. Printed and ready to post.
Will let you know their reply.