Two readers have reported getting letters from Intrum/Resolvecall about an old Lloyds debt.
They are asking if they have to pay these old debts:
I had a credit card debt with Lloyds about 10 years ago. I was struggling to pay it at the time… NowI have had a letter from a company called Intrum saying my account will now be managed by a company called Resolvecall who are asking for over £5,000. Do I have to pay this back to these people after all this time? Who I haven’t even corresponded with in over 10 years?
I had a debt with Lloyds bank for an unsecured loan back in 2005 which defaulted until coming off my credit report in 2013 with no CCJ’s ever reported.
Today I have received a letter from Resolvecall acting on behalf of Intrum UK stating they have taken over the debt… with no communication since the 11 years in which this was removed from my report, am I still liable to be taken to court for this debt?
So it sounds as though Intrum has bought a bunch of very old debts from Lloyds.
When is a debt statute barred?
National Debtline says in its factsheet on Statute barred debts
If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt.
For debts such as credit cards and a loan from Lloyds, the time that matters is 6 years.
During those 6 years, you can’t have made any payment to the debt or acknowledged it in writing. Making a claim for PPI would often have acknowledged a debt in writing.
Other complicating factors can stop a debt becoming statute barred – see the National Debtline factsheet for details.
So is one of these old Lloyds debts statute barred?
This matters because if a debt is statute barred, a debt collector such as Intrum cannot take you to court for a CCJ.
And if you tell Intrum you will not be paying the debt because it is statute barred, then Intrum should not continue to ask you to pay. So letters should stop and no visit from ResolveCall!
It is likely it is if:
- you haven’t made any payment to it for more than 6 years; and
- you haven’t written to Lloyds about it for more than 6 years; and
- the debt no longer appears on your credit record.
If you are confident that it is well over 6 years, then you can send Intrum an email to compliance.uk@intrum.com, (also copy this email to arc@resolvecall.co.uk) saying the debt is statute barred. Here is the National Debtline template to use. Add the account reference number from the Intrum letter.
If you don’t feel confident, phone National Debtline on 0808 808 4000. Don’t send the letter unless you are sure.
Other questions
Do you have to talk to ResolveCall?
No. And if someone does come to your house, you don’t have to let them in. They have no right of entry.
But copying them on the email you are sending Intrum is sensible.
Will the debt reappear on your credit record?
No. A debt drops off 6 years after a default date. And it should not reappear.
Jane D says
Intrum are not the easiest company even when I’d gone bankrupt they wouldn’t give up. However had a letter from a company recently that related to a debt over 6yrs when challenged the company finally conceded it was statue barred and closed the case
What bothers me most is that they know the law yet still chase without thought?
Lloyds need to be taken to task they never give up on a debt ever when my mother died they chased and instructed the debt company no negotiation on a £6k debt and persisted with harassment until we had probate. The issue here also is they will not negotiate on debt at all with a credit card? Surely on death if they get at least 50% that’s better than zip.
I’d guess Lloyds instigated the interim
Involvement.
Sara (Debt Camel) says
Well Lloyds will have sold a bunch of debts – possibly all old, to Intrum.
The FCA says in CONC 7.15.9 “A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.”
Jane says
I some went to Hoist and that was picked up by PCA I’ve just gone back over the emails.
I don’t mind them selling debts but they will not negotiate prior to the debt….its almost like they let the debts happen then clear the decks.
I agree on the handover of debt but boy they didn’t want to send it to me in hard copy and six months of back n forth they finally produced the letter of handover of debt 🙄
Warwick65 says
I had something similar for a HBOS account. What’s worse Robinson way had previously told me it was statute barred. I’ve lodged a complaint which I will escalate
Sara (Debt Camel) says
Who was the debt collector?
Warwick65 says
It was Iqor then 1st Credit then intrum. In 2018 they wrote asking for payment but said ‘we are aware that the time for using the courts has now passed ‘ ( a little paraphrased) . I still have that letter. Nothing since. So I have told them I will not be paying as it is time barred (England). I will wait the 56 days then escalate to the FOS because I think debt purchasing is immoral and an abuse of the system. – if you borrowed and can repay yes but s**t happens as it did to me – marital breakdown, mental health challenges and job loss
Dave says
Does or doesn’t the debt dissolve if a partner passes away. ?
Sara (Debt Camel) says
Can I check, the letter is addressed to your partner who has died?
Nina J says
This explains why my late partner recently received a letter from Resolvecall saying he owed nearly £10,000 to Lloyds. He died over 10 years ago and I went into the branch, as executor of his estate, at the time to close everything down. I was assured everything was sorted out and I have had no correspondence about any sort of debt since. Resolvecall did close the case when I rang but I have made a formal complaint to Lloyds about it, Not holding my breath though. Ironically this was the week Lloyds told their staff they shouldn’t use the word “widow” as it may be upsetting….
Chancers says
I have received a letter from Resolvecall a few days ago relating to a debit which is over 10 years old! Nothing on my credit file as this passed over 6 years ago. I have not contacted anyone about this debt for 10 years or made any payments etc.
I contacted Debtline and they said to send the ‘Time has run out Template’, which I am going to send now. I was going to just ignore them but Debtline said its better to respond. Has anyone sent this letter and did this stop them chasing?
Sara (Debt Camel) says
They either have to stop chasing or produce a reason why they say it isn’t statute barred. Let us know what happens!
National Debtline are quite right that it is better to send this letter
Chancers says
Thank you. I will keep you all updated
Caroline says
Hi Sara so i have a very old mbna debt of £4’000 due from having a bad divorce, this is roughly 17 years old I think i can recall mbna got a ccj which would of been 16 years ago this was then passed onto link financial who send yearly statement but i have not paid anything in all these years or acknowledged the debt in any way they have now sent me a letter to say resolvecall will call to try and get me back in touch with link im really unsure where i stand on this and any help is appreciated thanks
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 as link may have difficulty in enforcing such an old debt.
You can simply tell Resolvecall that you have no interest in talking to them and will not let them into your house. They have no more right to enter your house than the postman has.
Chancers says
If you go onto the National Debt line website you can download the letter ‘Time has run out template ‘ it’s so easy to complete. I was advised not to call them and just send this letter. Your case sounds the same as mine.
Sara (Debt Camel) says
Did you have a CCJ? Because if you didn’t your situation is quite different to Caroline’s.
Legally time never runs out where there is a CCJ… but it does get much harder to enforce. Which is why I suggest speaking to National Debtline.
Chancers says
I never had a ccj just a default which was on my credit file but dropped off years ago. Does that mean my case is ‘statue barred’? Or am I at risk of court action.
I meant not to call Resolve.
Sara (Debt Camel) says
Who advised you not to call National Debtline? That is poor advice. Why would you not want to talk to an expert?
Chancers says
I spoke to National Debtline. I meant I was told not to call the debt collectors and just send the letter. I did reply to this last night but it’s not been added yet!
Sara (Debt Camel) says
Ah!
I misunderstood. Yes just send the letter.
(I combined your two posts last night)
Caroline says
Thankyou very much for a quick response I shall do as you suggest as I did think it rather strange as Link have never asked me for payment just send statements
Caroline says
Hi Sara
After taking your advice i spoke to National debtline and in a word they say the ccj is still enforceable even after all these years
what I really don’t understand after talking to the debt line if after 17 years the cc’j is still enforceable why they are not enforcing it but just sending Resolvecall out to try and get me to re connect with them when I will not engage with them one would of thought they would of just pursued the ccj
Regards Caroline
Sara (Debt Camel) says
The National debtline fact sheet https://nationaldebtline.org/fact-sheet-library/statute-barred-debts-ew/ says
“If your CCJ is more than six years old, and the creditor wants to use enforcement action, they must first get permission of the court. Special rules apply if they apply for a third party debt order or you already have a charging order. Contact us for advice.”
In your case this CCJ is VERY old. Go back to National Debtline and ask what you should say to Link about this.
Caroline says
Thankyou very much I did wonder as they have never mentioned a ccj in any correspondence to me
Caroline says
Hi Sara have respoken to the debt line and they have said to send the statue barred letter and take it from there which i have now done will have to wait and see what the outcome is, Also resolvecall left a calling card, i will let you no the outcome of this,
Regards
Jo says
I had the same a letter from Inrum/Resolvecall out the blue. First time I’ve heard of a Lloyds debt.I banked with them over 20yrs ago and yes probably had a debt.
Its not on my credit file and like I say the letter suddenly appeared.Ive sent an email to Intrum requesting a SAR and sent Resolvecall call a template letter denying the debt. Resolvecall have now handed the debt back to intrum..I’m awaiting their next step ..
Sara (Debt Camel) says
ok, unless they give up, the next step is to send them a statute barred lette.
Steven says
Hmm, I find myself in an unexpected situation whereby, after many years of stress and illness I find that I am now being further chased for an alleged debt which is well over 10 years old. Resolvecall have left 2 letters on my doorstep in the last day or two. They have asked me to contact them and it is clear that they have purchased my alleged debt, probably one of several. I have no CCJ and have not acknowledged this alleged debt to any organisation.
I am very grateful to all the contributors to this website who are willing to assist others through their own, probably extremely stressful experiences but would be grateful for any further advice. Thanks to all.
Sara (Debt Camel) says
Resolvecall don’t own your debt – they are collecting on behalf of the debt purchaser. Do you know who that is?
Abbie says
Hi I received a letter through the post from Resolve and I contacted national debtline and they advised me to send the stat letter. They have not been to my house and I am still waiting for a reply…the letter stated Intrum were originally dealing with this. Never heard from them before. The debt is over 10 years old. When they reply I will then speak to National debtline again and take action against them. As far as I am aware they cannot take this any further if no ccj and no payment or acknowledgment in 6 years. Just praying on people panicking and contacting them. Legally they cannot do anything.
Chancers says
Hi Just to let you know, after I sent the letter‘ Time has run out Template’, from ‘National Debt line I received a letter from Resolve call cancelling the case! It did state another debt company may contact me in due course about this debt. If they do I will send them the same letter.