Old debt - statue barred? loan and CCard

[seanyuk]

Hi all,

Firstly i would like to congratulate everyone here and the forums, the advice and community spirit I can sense is great and lots of knowledge from others in the same boat exists.

 

Onto my old problem, today I recieved a letter from

Link financial(read some about them here they seem nasty).

letter dated 12-6-2009 amount xx+750

Original MBNA amount £xx (so someone has added 750 or so since then)

Ok due to the horrible life stuff I went through and I can sense manmy here have had the same my last payment to MBNA was mar 2003 I recieved no correspondence or notifications from beyond that date only "missed payment" letter dating april 2003

Link have a date assigned of 18-5-2003 then some spurious statement dates relating to oct 08 to jun 09.

I have never recieved any corespondence from them ever before and it states this is statement no:001

 

I have not contacted them yet and awaiting some info from the nationaldebtline in respect to sending them a letter in relation to this being statute barred due to the 6 year timeframe.

 

The real issue it has bought all the old demons from the past which we have hoped to cleared out of our lives. They consist for me of:

Loss of home

Separtion from my family and 2 young children

Nervous breakdown

Back injury(almost paralyzed)

folding up of company

operation for a "lump"

and many other smaller things like letters from your children telling you that they miss you.

 

So back to wether the courts and legal system has cleared up the statute barred debt problem or not and with an almost 6 year old(ie 1 week or so) bank loan in the background would I expect a nasty letter from someone too?

 

Just when you think you have made it out of the woods with your life and resolved many debts(still paying some aswell), got yourself back to looking for work and enjoying your family again, this crops up it's not good and seems unjust when we have MPs and others being able to say "sorry" and getting away with it.

 

I'll try to stop babbling on and hopefuly some of your great minds here can help surpress those old emotions we seem to share here before it get's unbearable again.

 

Many thanks in advance

Sean

p.s. Feel to PM me anytime or wether I should post more details here or not.

Edited June 19, 2009 by seanyuk

[havinastella]

Sorry,

 

but in really simple terms, what do you require?

 

Jogs

[seanyuk]

Would the debt be enforcable in respect to the above dates under statute barred terms.

Last payment mar 2003

Does there have to be a default notice issued in writing or not?

Does this apply to bank loans aswell?

[havinastella]

If no payment has been paid for 6yrs the account is Stat barred.

 

Its that simple.

 

Jogs

[seanyuk]

So in that case do I need to send them any correspondence?

And would this then be the procedure to follow for any other debts over 6 years last payment?

[sam614]

So in that case do I need to send them any correspondence?

And would this then be the procedure to follow for any other debts over 6 years last payment?

 

yes tell them its statute barred

 

click on blue DCA link

 

send them template number 2.

 

use this for any debts where you have not made a payment for at least 6 yr.

 

SAM:pLOWELL DETESTER

[kurvaface]

Take a chill pill and calm down:)

 

6 years no payment + no Acknowledgement from you = Statute barred (Regardless of what they've sent you)

Although you still owe the money, they cannot press you for payment if they know it is statute barred.

 

I think the standard approach is to send the Statute Barred Letter (template around somewhere), do not sign as they may try to lift your signature - and then wait. They have to show how it is not statute barred before they can proceed. The little I have picked up about "The missing" Link on this site is that they are bottom feeders that profit from debts like this and bank on you not knowing the score.

 

Be ready to put a complaint in to trading standards (08454 040506) because these monkeys are sure to break the rules.

[seanyuk]

I really appreciate the help as these things can be nasty catalysts.

 

Section 5 of the limitations act is for ccards right?

Section 6 is for unsecured loans correct?

Are there any real differences between the two in respect to the debts becoming statute barred?

Does there have to be any form of court proceedings to finalise that the debts are "unrecoverable" or is it simply considered so.

 

Is it best to simply do nothing, keeping the letters whilst using them as notepaper?

 

Or

 

Will be there be a point where they cannot claim for the debt any longer and be breaking other harrasment laws in chasing me or my family.

[seanyuk]

Being paranoid another minor question. again thanks for your help guys/gals been reading some of the successes and it makes me feel alot tougher.

 

I was looking to check to credit report in relation to the above but paranoid about sending data to the CRAs as they state that information can used for third parties..

 

Is there a way where I can physically view my credit report i.e. turn up with relevant ID and proof of address etc.?

 

Or for speed and nothing to worry about I can simply check online?

 

Thanks again

Sean

[kurvaface]

The "statute barred" status I believe happens just due to the passage of time and does not require any sort of legal intervention to make it happen. The debt is still there and you still owe it - they just just can't make you pay it once it's barred.

 

You should check the situation re CCJs because they don't become time barred (I understand) although if they are not enforced this looks bad for the creditor.

 

You can check your credit report easily online. I have read in this forum of several instances of people having checked their credit files and then shortly after having a DCA turning up on the doorstep. Maybe I'm paranoid - if you know how many worms are in the tin then open it if you catch my drift.

 

As for section 5 and 6 - I don't know.

[42man]

They can chase a statute barred debt BUT once you state that you will not be making a payment towards a debt that is statute barred then they can NOT continue to harrass you....this is what the OFT say - 2.14 (b) -

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

The letter to send recorded is here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred - however if you are in Scotland, there is a different letter to send...(and statute barred in Scotland is 5 years not 6)

[sequenci]

 

Section 5 of the limitations act is for ccards right?

Section 6 is for unsecured loans correct?

 

s5 for both sir

 

Send the stat barred letter that NDL told you about, recorded delivery.

 

Sorry it has brought back memories of yesteryear. I had a 'lump' taken out recently and going back for MRI scans in a few days.

 

I'm glad you've found our forum.

 

Best wishes,

 

Seq

[seanyuk]

thx Seq I got the info from NDL today and checked for CCJs I have 0 against me. So i'll prepare the letter and start the process.

Any ideas of timelines etc. beyond the letter and what else I can prepare(ie psyche myself for).

 

thx

S

[havinastella]

thx Seq I got the info from NDL today and checked for CCJs I have 0 against me. So i'll prepare the letter and start the process.

Any ideas of timelines etc. beyond the letter and what else I can prepare(ie psyche myself for).

 

thx

S

 

There are NO timelines.

 

You tell them it's stat barred and thats the end of it.

 

Should they carry on trying to collect once you have informed them you will not be paying it, you report them to everyone possible.

 

Jogs

[sequenci]

There are NO timelines.

 

You tell them it's stat barred and thats the end of it.

 

Should they carry on trying to collect once you have informed them you will not be paying it, you report them to everyone possible.

 

Jogs

 

What they said!

[kurvaface]

Send recorded delivery, without signing because they could use your signature. After that, if they can't prove it's not statute barred they have to bog off. In my case they tried to say I had to prove it was statute barred and even tried saying my case did not qualify to be statute barred (amongst other things).

 

The moment they pull any stunts, report them to trading standards:

 

08454 040506