Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**

[angry cat]

Link have already had one slap:

The Office of Fair Trading: OFT warns debt sector about tracing tactics

 

Looks like, they need another one!

 

AC

 

see post number# 840:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited-42.html

[rudy1]

my Nightmare with Link started just over 2 years ago, they took me to court but with the help of this wonderful sight it was eventually thrown out as they did not produce credit agreement etc, think court date was september 08. 18 months on they still send me statements of account, and call every so often, last time they called was a week before i donated a kidney to my sister, i told them in no uncertain terms to back off and they gave me a break for a few months, but then yesterday i had a message from one of their idoits, now my question is when is the end, will they be contacteing me forever, this "debt" goes back to 2001! i have always maintained no money is owed. It was statue barred when they took me to court! They originally contacted me 4 weeks after the birth of my son and i believe they ruined the first year, i was out of my mind with worry, can i sue them?

[twofoot]

Why worry, you've said yourself it's SB. It might be worth sending a letter before action reminding them that they are pestering you for an alleged debt that you have told them is SB. I'm sure there are rules forbidding them to chase a SB debt. Maybe someone will point you to those rules.

[comebackjimmy]

Send the telephone harassment letter, customised to your circumstances. IE put a paragraph in at the top saying the alleged debt was thrown out of court on x and is in any case statute barred. Therefore please take note of the following;

 

and then the rest of the letter.

 

Recorded delivery, unsigned.

 

See what happens next.

[cab1ne]

this worked for me on a mortgage with halifax after 12 years adjust to suit.

 

Dear Sir/Madam

 

Ref No

Client/Ref No

With reference to your letter dated xxxxxxxxxxxx regarding the account with the above reference number, which you allegedly claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of xxx years from the date on which the cause of action accrued.” We most certainly do not accept any alleged debt and we most certainly do not acknowledge any alleged debt.

STATUTE BARRED

No payment of this alleged debt has been made in over xxx years and in no way has an acknowledgement of this alleged debt been made in over xxx years. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

It is considered unfair if a creditor or debt collector who misleads the debtor into believing that the alleged debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for any alleged debt after the debtor has stated they will not be paying any alleged debt owed. The OFT Debt Collection Guidance states further that “continuing to press for an alleged debt after a debtor has stated that they will not be paying any alleged debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account.

 

Yours faithfully

Copies to:

 

 

 

 

cab

[Revenant]

Hi rudy

Follow this link to aletter that should help you format one for yourself, the letter template contains relevant information that you can edit accordingly, hope it helps

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

Good luck

R

[F_DCAs]

Certainly the OFT as well. Weren't Link warned about SB before? If not, they're certainly aware that MH were warned.

[rudy1]

Many thanks for all your replys, no messages yet today, but need to put a stop to it, i'm sure i read somewhere that SB rule doesn't apply if contact had been made? will have a look again on website many thanks will fire off a letter.

[F_DCAs]

SB does apply. If no written acknowledgement of debt on your part, or payment towards the account has occurred within a six year period, then it's SBed. And if a court's already chucked it out on that basis before, then there is nothing that Link can do.

 

I'll wait for more opinion to come in, but it might even be worth contacting the court in question that issued the original decision, and complain that Link are trying to circumnavigate their decision. I shouldn't imagine that the court would be very happy about that.

[cab1ne]

Many thanks for all your replys, no messages yet today, but need to put a stop to it, i'm sure i read somewhere that SB rule doesn't apply if contact had been made? will have a look again on website many thanks will fire off a letter.

 

SB rule doesn't apply if contact had been made?

 

not true, only if you admit the debt and they can prove it

 

cab

[rudy1]

contact was made between us after it became SB, but they moved the goal posts and said the default was put on there 7 months after. ( became SB jan 2008) contacted me feb 2008, but said default sept 2008,)reported the to the banking obusmen and we have to deal with between ourselves, 8 weeks to do so, if not resolved obusmen takes up, feel phyically sick when i think about it as i don't want to deal with them. I hate them, had a hard couple of years due to family issues and they made it a lot harder.

[kiptower]

dont not matter the date of the default , they cant move the goalposts

[UnitedFront]

They are wrong and are applying the same deceiptful tactics as so many of our DCA "friends" try to!! It's despicable and is a complete misinterpretation of the relevant law!! Complain to the OFT and Trading Standards, at the very least!

 

If it were true that the SB timer started at the date of default...... then surely no company would EVER issue a default to the CRA's; thus circumnavigating the intentions of Parliament!!

 

Furthermore, they may well try and convince you that because there has been contact since the 6 years were up, the debt is no longer SB; this is also complete and utter nonsense!! An alleged debt that is SB can NEVER become un-SB and this has been affirmed on many occasions.

 

So don't worry yourself about these bunch of spineless cretins!

 

If they have been informed that the debt is SB and that you have no intention to pay, then they are in clear breach of the OFT guidelines on debt collection to keep harassing you for money. Complain complain complain complain, and then complain some more!!

 

Also fire off the SB letter with the suggested additions.

 

Hope this helps and puts you are ease somewhat.

 

Cheers.

UF

[rudy1]

many thanks, just hate dealing with them, want to put that all behind me, had a rough couple of years and my sister is still ill, they were chasing days before my sister and i went in for the transplant! sick. almost feel like they should be compensating me.! They ruined the first 9 months of having my son, i would wake with him for feeds and not go back to sleep, just insane with worry, i was like a zombie by day, (did lose 6 stone though) every cloud as they say) talk about a shadow of my former self. Anyway have to wait for their reply the my complaint through the BO. off for the weekend but will keep you all updated, thank you again.

[johno23]

Very interesting thread!