Please help me help my son

[Filthy Monkey]

Originally Posted by PAnsell

CAN THEY DO ANYTHING MORE ON HIS CREDIT FILE TO HIM? CAN THEY AFTER ALL THIS TIME SEND BALIFFS ROUND OR DO ANYTHING OTHER THAN MAKE CALLS AND SEND LETTERS

They may well still add a default to his credit file, but they have no right to do so and a threatening phone call to them will rectify this. I was in a similar situation recently where a default suddenly appeared on my credit file for a debt I knew nothing about. The company claimed to be able to supply documentation, btu when I asked for it said that it would take 30 days for them to retrieve it from the lender. Needless to say it never arrived. Anyway, I stressed to them that no default letter had been issued and that the debt would be time barred anyway, so insisted that they remove the default or I would take further action. It was off my file within 24 hrs... As long as you don't let them bully you I'm sure you will be fine. They are still entitled to pursue the debt, but they cannot resort to any legal measures to back them up, so any threats will be empty and unenforceable.

[PAnsell]

Righto, I have definitive dates for you to think about prior to me sending stauate barred letter or failing that a CCA letter.

He went onto a debt management plan with CCCS on the 1st July 2001. By then the bad debt would have been 5 years old anyway.

The last contact Link would have had regarding this was a letter from CCCS on teh 19th Spetember 2006 saying that he was dropped from the debt management plan.

His default on this account was registered 12/2000

on his old credit report there is the following info :

Insight last updated 12/12/2004
Monthly status DIIIIII200002000020010100 100U

The current creditreport shows nothing at all.

I know I am being a little slow here - is this statuate barred?

If not I should sent the CCA letter with my cash...

If they have got the docs then....I guess we offer the part settlement.

Is this the right plan??

I apologise for being slow and unsure but I just want to get it right.

Thanks again ever so much....

P

[PAnsell]

Originally Posted by Filthy Monkey

They are still entitled to pursue the debt, but they cannot resort to any legal measures to back them up, so any threats will be empty and unenforceable.

Thats why a part payment I feel is morally the right thing to do, and beleive it or not so will he.

[Frugal]

Hi - Don't worry - Its not as straightforward as my case but someone on here will know how to deal with it. Most important of all is don't panic

I am sure someone will be along shortly to point the way

All the best

[djdave]

Originally Posted by PAnsell

Thats why a part payment I feel is morally the right thing to do, and beleive it or not so will he.

It's heartening that you feel compelled to act morally but remember that Link have acted atrociously towards you and your son and - most importantly - can't prove they own the debt.

I personally wouldn't pay them a penny until they can prove it, and even then would only considering offering them anything if they'd put in writing that it was a full and final settlement.

[kennyparkroad]

agreed

[PriorityOne]

Originally Posted by PAnsell

Righto, I have definitive dates for you to think about prior to me sending stauate barred letter or failing that a CCA letter.

He went onto a debt management plan with CCCS on the 1st July 2001. By then the bad debt would have been 5 years old anyway.

The last contact Link would have had regarding this was a letter from CCCS on teh 19th Spetember 2006 saying that he was dropped from the debt management plan.

I am not sure if this counts as contact or not because it was between CCCS and Link.... and not between your son and Link. A lot hinges upon us getting some confirmation on this one. Anyone ??

His default on this account was registered 12/2000

on his old credit report there is the following info :

Insight last updated 12/12/2004
Monthly status DIIIIII200002000020010100 100U

The current creditreport shows nothing at all.

It should have dropped off by now.

I know I am being a little slow here - is this statuate barred?

We need to find out for sure, based upon your comments above.

If not I should sent the CCA letter with my cash...

Actually, even if it's not yet statute-barred, you can still send a CCA letter...providing you also include I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY at the start of it !! This does not count as a re-acknowledgement then.... but if we can be sure that it is indeed statute-barred, then the template Letter M mentioned earlier would be the correct procedure.

If they have got the docs then....I guess we offer the part settlement.

If they have the docs.... and if it is not statute-barred, then you can make an offer.... but unless they can comply with the law, then why should you surrender to their unlawful activities ?

Is this the right plan??

I apologise for being slow and unsure but I just want to get it right.

Don't apologise for a thing.

Thanks again ever so much....

P

[PriorityOne]

Is there anyone who can clarify my first point.... highlighted in red... in the above post ?

I am not sure if this counts as contact or not because it was between CCCS and Link.... and not between your son and Link. A lot hinges upon us getting some confirmation on this one. Anyone ??

Thanks....

[kennyparkroad]

bumping this up.