Received letter from RESOLVECALL re old "debt".

by Pete012 Wed Dec 07, 2022 3:10 pm

Hi,

I just received a letter from CAPQUEST (a debt recovery company), in which they say that RESOLVECALL will now manage my "account".

My "debt" was with VANQUIS BANK, years ago---I think at least 5 and probably 6 yrs ago....maybe even longer.
The "debt" was originally about £200---Resolvecall now say I owe £867.64.

This is the letter from CAPQUEST received today, 7th Dec 2022.

""Dear xxxxxx,

Your account will now be managed by Resolvecall.

We are writing in relation to your VANQUIS account, with which the balance of £867.64 remains outstanding.

We note that you have yet to contact us to discuss a suitable repayment option to your account. Your account will now be managed by Resolvecall, a debt collection agency who work on behalf of Capquest and are also authorised and regulated by the FCA.

Resolvecall specialise in visiting customers properties to help engage and enable a discussion with you on your current financial situation and agree an affordable repayment solution. They will contact you regarding payment of the outstanding balance and manage all contact and correspondence moving forward.

Please be reassured that they will write to you in advance of any visit to your property, providing a timescale of when the intended visit will take place, and providing you with the opportunity to call them and discuss your account over the phone ahead of the visit should you prefer.

Next steps:

To discuss this letter in more detail, please contact resolvecall """

That's basically it.

I have had many debts written off using the three letter method---and this one I thought was over and done with.
It is an old "debt".

If possible, I would like to know how to stop RESOLVECALL in their tracks
---I do not want them coming to my property.

Do I send them a cease and desist letter?.
Do I start the three letter process asking them to provide certain documentation?.
I do not have a debt with RESOLVECALL---or Capquest, come to that.
They have bought the debt and therefore the debt has been paid to the original creditor----am I correct in that?.

Many thanks in advance for any advice.

Pete

by flyingfish Wed Dec 07, 2022 4:40 pm

Pete012 wrote:My "debt" was with VANQUIS BANK, years ago---I think at least 5 and probably 6 yrs ago....maybe even longer.
The "debt" was originally about £200---Resolvecall now say I owe £867.64.

It's probably a good idea to check exact dates, this may be statute barred. Did you receive a Default Notice, if so then the SB clock starts on expiry of the notice period given in the DN.

Pete012 wrote:They have bought the debt and therefore the debt has been paid to the original creditor----am I correct in that?.

Most credit agreements include a provision allowing it to sold or assigned, in which case the purchase gains any rights that the original creditor had before selling it. Of course there is now no debt to the OC after that assignment, but if it was done properly the purchaser would have a valid claim. Whether they can prove it or not is a different matter, which is where the defences come in - can they prove the account existed in the first place, can they prove service of required notices, prove the value claimed etc. Often all they will have is a name, address and an alleged balance.

by **LionsShare** Wed Dec 07, 2022 4:57 pm

question - if its sold, doesn't that mean that's it the debt is 'paid off' - discharged, & any DP is simply trying to construe a new Trust? If so how would a DP have the same rights etc the OC had?

Assignment on the other hand I agree it infers the same rights.

by **daveiron** Wed Dec 07, 2022 6:36 pm

https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

https://goodf.forumotion.com/t264-removal-of-implied-right-of-access

by flyingfish Thu Dec 08, 2022 2:58 pm

LionsShare wrote:question - if its sold, doesn't that mean that's it the debt is 'paid off' - discharged, & any DP is simply trying to construe a new Trust? If so how would a DP have the same rights etc the OC had?

If it's sold the DP owns it and acquires any rights (and obligations) that the OC had prior to sale. The same as selling an object. Imagine Fred sold you a car, then I came along and claimed the car off you on the grounds that Fred has been paid so the price of the car has been covered.

by waylander62 Thu Dec 08, 2022 3:57 pm

LionsShare wrote:question - if its sold, doesn't that mean that's it the debt is 'paid off' - discharged, & any DP is simply trying to construe a new Trust? If so how would a DP have the same rights etc the OC had?

Assignment on the other hand I agree it infers the same rights.

i see what you are getting at here ( ie trust ) but it doesnt quite work like that, the debt is not 'sold' as such but 'assigned' the OC assigns their rights under the contract to the buyer, therefore the buyer becomes the lender and has full right title and interest to pursue the 'debt' as if they were the original lender.

however in truth and almost impossible to prove and needs a mountain of study and understanding is that the OC is in fact nothing more than an agent acting on behalf of the trustee of the original note, and the debt buyer simply replaces the OC as agent to the trustee. All of this is concealed at the creation of any monies, created by the signature of the 'debtor', (settlor and beneficiary of the trust created)

i know you are very interested in this and rightly so.

by **LionsShare** Thu Dec 08, 2022 4:05 pm

flyingfish wrote:Imagine Fred sold you a car, then I came along and claimed the car off you on the grounds that Fred has been paid so the price of the car has been covered.

Are you trying to pull the wool over my eyes FF? If I had bought a car off Fred & you tried to get the car off me I would show my fist of 5 (bop) Very Happy

joking.

cheers waylander much appreciated.

by **Mrblue2015** Fri Dec 09, 2022 1:09 pm

I’ve dealt with Capquest (or crapquest as I like to call them). Easy to ‘shake off’.

Just follow the new process as per the links posted by DaveIron earlier.

Enjoy the ‘game’…

by **Mrblue2015** Fri Dec 09, 2022 1:10 pm

And just to add - the removal of implied rights if access notice (the link also provided by DaveIron) will stop Resolvecall even contemplate turning up (I know from experience). Resolvecall resolve sweet FA Wink

by Pete012 Fri Dec 09, 2022 9:38 pm

daveiron wrote:https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

https://goodf.forumotion.com/t264-removal-of-implied-right-of-access

Hi Daveiron,

Is it better to send the removal-of-implied-right-of-access notice to RESOLVECALL by letter or just put a notice on my door?.

I would prefer to send a letter---if that would do the trick.

Pete.

by **daveiron** Fri Dec 09, 2022 10:35 pm

Hi Pete, personally i would do both,
I have one permanently displayed next to my front door,

I concur with Mr Blue ,i have also dealt with them with just one
letter.

by **Mrblue2015** Sat Dec 10, 2022 11:35 am

Yep as per DaveIron, just sending the ROIROA notice once is enough. They suddenly think “oh sh@t, we don’t fancy risking this (alleged) debtor coming after us for £4,950!”

by Pete012 Sun Dec 18, 2022 1:06 pm

daveiron wrote:Hi Pete, personally i would do both,
I have one permanently displayed next to my front door,

I concur with Mr Blue ,i have also dealt with them with just one
letter.

Hi Daveiron,

If I sent a Removal of implied right of access Empty Removal of implied right of access letter to RESOLVECALL, do I sig it or just print my name in capitals?.

Sorry if that's a silly question.

by **daveiron** Sun Dec 18, 2022 3:59 pm

I would just sign it and write under the sig 'all rights reserved'

[writing 'all rights reserved' under your sig is a good habit for everything
you sign]

by Pete012 Sun Dec 18, 2022 9:37 pm

daveiron wrote:I would just sign it and write under the sig 'all rights reserved'

[writing 'all rights reserved' under your sig is a good habit for everything
you sign]

Thank's daveiron, I will do that.

by Pete012 Thu Dec 22, 2022 1:43 pm

daveiron wrote:I would just sign it and write under the sig 'all rights reserved'

[writing 'all rights reserved' under your sig is a good habit for everything
you sign]

Hi daveiron,

I have sent a cease and desist notice to RESOLVECALL (via recorded delivery) about 4 days ago. This was to try to stop them from visiting my property (as they said they would do).

Today, I had a knock at the door, about 9 am. I was in bed, so I did not answer it.
I don't usually get people knocking at my door, so I wonder if it could be them.

What are my options (if it was them) if they do visit me having received the notice by letter?

Would be grateful for any advice.

Pete.

by **daveiron** Thu Dec 22, 2022 2:01 pm

Just to be clear, what did you send? was it a WOIRA or Cease & Desist ?
It should have been a WOIRA ,Check the tracking number to see when
it was signed for.
If it shows delivery before the visit i would doubt very much it was them,
in any case their objective is to scare you into compliance . So i would
expect them to leave a card or letter so they will think you will worry about
it over Xmas .
If they do turn up ,just close the door,its as simple as that.also start recording
before you open the door.

by Pete012 Thu Dec 22, 2022 9:21 pm

daveiron wrote:Just to be clear, what did you send? was it a WOIRA or Cease & Desist ?
It should have been a WOIRA ,Check the tracking number to see when
it was signed for.
If it shows delivery before the visit i would doubt very much it was them,
in any case their objective is to scare you into compliance . So i would
expect them to leave a card or letter so they will think you will worry about
it over Xmas .
If they do turn up ,just close the door,its as simple as that.also start recording
before you open the door.

It was the following:

To all it concern WARNING NOTICE to anyone having business/visiting
NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLIES
NO TRESPASS
NOTICE REMOVAL OF IMPLIED RIGHT OF ACCESS
You are advised to read the following notice thoroughly and carefully. It is a lawful notice. It informs you. It means what it says.

I hereby give notice that the implied right of access to the property known as and surrounding areas, has been removed, along with all associated property including, but not limited to, any private conveyance in respect of the following:

1) ANY employee, principal, agent, third party or representative or any other person acting on behalf of any CORPORATE BODY (i.e. Company) howsoever named and,

2) ANY POLICE OFFICER who is acting for the CORPORATE POLICE and NOT acting as expressed in the Oath of Office of all POLICE men and women, that is as Public Servants, upon your Oath of Office to serve "with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property"

COMMON LAW JURISDICTION APPLIES EXCLUSIVELY

Please also take notice that this country is a Common Law jurisdiction and any transgression of this notice will be dealt with according to Common Law.
Any and all access to the above mentioned properties shall be by strict invitation only and shall be subject to terms and conditions, available by written request.

We do not have, and have never had, a contract. And any permission that you believe you may have from me is hereby withdrawn. If you believe that you have power of attorney to act on my behalf you are hereby fired, and any consent that you believe you may have, tacit or otherwise, is hereby withdrawn. If you feel so inclined as to enforce statutes as a consequence of this matter I will report your conduct to ALL relevant bodies and will pursue Proof of Claim in affidavit form, under your full commercial liability and under the penalty of perjury. You are deemed to have been served this notice with immediate effect. There will be a charge of £4,950.00 for any incursion what so ever.
In sincerity and honour, without ill-will, frivolity, or vexation
Without any admission of any liability whosoever, and with all Indefeasible Rights reserved.
Errors & Omissions Excepted.

It was sent by recorded delivery on 19th Dec.

by **daveiron** Fri Dec 23, 2022 9:02 am

Thats the one pete.
I would also get one either on my front door or the entrance to my
property. A good tip is to take a photo of it displayed,it will be time &
date stamped and evidenced.

by Pete012 Fri Dec 23, 2022 10:57 am

daveiron wrote:Thats the one pete.
I would also get one either on my front door or the entrance to my
property. A good tip is to take a photo of it displayed,it will be time &
date stamped and evidenced.

Thank's daviron, I will do that.

by **Mrblue2015** Sat Dec 24, 2022 10:27 pm

To be fair, you have no idea if it was Resolvecall who knocked, and I very much doubt it was.

by Pete012 Sun Dec 25, 2022 4:15 am

Mrblue2015 wrote:To be fair, you have no idea if it was Resolvecall who knocked, and I very much doubt it was.

No----I don't know----I did say that in my post.

by **Mrblue2015** Mon Dec 26, 2022 7:35 pm

I know what you said in your post, and my post in response still makes sense. I was simply passing on my experience ie that when you use the ROIROA on Resolvecall, they won’t turn up…

by Pete012 Tue Dec 27, 2022 2:08 am

Mrblue2015 wrote:I know what you said in your post, and my post in response still makes sense. I was simply passing on my experience ie that when you use the ROIROA on Resolvecall, they won’t turn up…

Yes, I appreciate that, Mrblue2015---but I had the knock on 22nd Dec, and I sent the recorded delivery on 19th---so I don't know if the letter would have got there in time for them to see it---especially with the postal strikes etc.
I am sure they won't turn up after they have received it. Smile

by **Mrblue2015** Tue Dec 27, 2022 7:29 pm

You’re welcome Pete. Some DCAs or Debt Purchasers use the ‘threat’ of low lives such as Resolvecall, but it would be rare for them to actually send over Resolvecall without waiting a while because, of course, it will cost the DCA or Debt Purchaser money to do that (labour cost…) But yes, now they have the ROIROA, they really would be throwing money down the drain, let alone risk the chance of you making a claim against them for violation of the ROIROA.

Stick to the the process, you won’t go wrong. I’ve written off approx £20K (yes, really) to the b@stards that buy debts for pennies in the pound and who are then disgusting enough to try and claim the original (alleged..) outstanding sum from you Wink

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Received letter from RESOLVECALL re old "debt".

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