Statute Barred Question

[bankaid]

hi, i,m new to the sight i hope you can bare with me. i have been chased by link financial on and off for 4 years over a debt that goes back to the mid 90,s. After joing this fabulous group i thought the debt was easily statute barred, so i sent link the statute barred letter. I was shocked when they replied, and enclosed a letter i had sent them in 2008 addmitting the debt. i cannot remember sending the letter,but i can,t deny its mine. Any comments would be extremely helpful as there want full payment of over £12,000, which being on benefits is just not possible

[cerberusalert]

Post moved and new thread created.

[cerberusalert]

What date was the letter you sent & did it have your signature?

[bankaid]

What date was the letter you sent & did it have your signature?

the letter i sent was dated 28/07/2008, and because i didnt know any better at the time, i signed it. I Sent them a prove it letter about 2 months ago,but they never answered, so i sent statute barred one.

[lookinforinfo]

I don't think it is too difficult these days to scan a letter dated 2001 and alter it to 2008.

 

Might be a n idea to sar them and see what you get..................

 

And of course even if you did acknowledge it then, it could well have been s/b before then. Have you looked at

your credit file to see when the last payment was?

[bankaid]

I think that as Link didn't reply to the prove it letter, the sar letter is a very good idea, i will get on with it, and thx for thr advice

[lookinforinfo]

Once you get the paperwork from the sar, let us know and then we can see whether there was a letter from you in 2008.

[bankaid]

there is nothing whatsoever on my credit file regarding this debt. i will post the sar letter first thing in the morning. The letter is definately my writing, but cannot remember sending it, stupid i know. It annoys me a bit because they duped me into giving info knowing full the debt was statute barred by the time they got there hands on it. Lesson learned methinks. If the worst comes to the the worst, the most they'll get is £1 a month.

[BRIGADIER2JCS]

Make sure the SAR is addressed to the Data Controller and you send the £10 statutory fee.

[bankaid]

regardingg the last payment i made, one of the Links goons was shouting down the phone saying i defaulted in 2001, so i guess it was around that time

[cerberusalert]

Well if your last payment was 2001 and you didn't make any further payment it wouldn't matter about the letter you sent in 2008 as it would have already been SB in any case.

[bankaid]

This is what Lincs sent me.

"We are fully aware that in the event there has been no action on an account for a period of six years then it becomes statute barred pursuant to Section 5 of the Limitations act. However, we would inform you that part 29 (7) of the Act allows for a current period of limitation to be repeatedly extended by further acknowledgements or payments.

They then quote the letter i sent dated 11/08/2008 in response to their letter dated 28/07/2008

[ims21]

Post #11

 

Matters not that you might have written in 2008 if the last payment was 2001.

[BRIGADIER2JCS]

Needa absolute proof that this is the original letter.

[bankaid]

ive tried to work back. if the Links goon said i defaulted in 2001 then i think he's about right. i wouldn't have made any payments after then, i was in financial meltdown during the early mid 90'5. It's going to be a long 40 days

[BRIGADIER2JCS]

When you need it I have a special ''letter'' for this situation.

[lookinforinfo]

One of the reasons I asked you to send the sar was to find out what they would have sent you that you would have responded to in 2008 acknowledging the debt.

If it transpires that it was already s/b by then, no problem. If not, you might have to put on your thinking cap to remember when or if, you sent that letter.

[bankaid]

it is definately my letter, theres no way of getting away from it. I sent it because they were threatenning to "serve a notice" on me, whatever that means. They were also sending mail to my elderly mothers. In hindsight i was pretty stupid writing to them, but i knew no better at the time. as i said, i sent them a prove it letter, which they never rep;ied to, instead they sent there bog standard letter introducing themselves to me, which in itself was pretty weird. A couple of weeks ago i let my guard down and answered one of there calls. In the foreground i had one goon asking the usual security questions, in the background another goon shouting "you dont need a prove it letter, you defaulted in 2001," and named the company i defaulted on, after that i just hung up. thats how i assumed i defaulted in 20001.

[cerberusalert]

As I said earlier if that letter was sent after the alleged debt became SB it doesn't matter what it said but just in case the a/c wasn't SB what exactly did you write?

[bankaid]

i wrote basicially what my situation was. Having house reposessed, having to leave work to look after my 2 children, saying with the debts i had at the time, bankruptcy looked the best option.

[bankaid]

Well Sars on the way, recorded delivery, second class post

[bankaid]

hiya,

Got mail back from Links Today, but it's mostly double dutch to me.Looking at the account data, and where it says Last Payment Date, they have left it blank.

[cerberusalert]

You could write back to their data controller and tell them they haven't fulfilled your SAR and you want a list of all payments with dates.

[bankaid]

hi people. while i wait for Link to send me details of payments made, and last payment details, ive been trying to understand some of the things in their Sar reply, and wondered if someone could answer a question for me. From what i can see the first default on this loan was in 2001, then again in 2006 by Link. If it has a default on it does it stop me claiming it is statute barred? Thanks for your help

[cerberusalert]

does it stop me claiming it is statute barred?

No.