Statute Barred Question

[bankaid]

thank you.

[the_shadow]

Whilst having no bearing on the SB status so long as there was a clear 6 year gap in paying or acknowledging the debt in writing;-

 

You can only be defaulted on an account once, this default falls off your credit record after 6 years. If they re-registered the default they could be in breach of the ICO default guidelines and a complaint should be raised with the ICO.

 

S.

[panther12]

If you’ve paid nothing to any dca I wonder if it’s worth sending a sar to the original lender to get confirmation of last payment date. If it defaulted in 2001 then last payment could have been up to 6 months before they bothered to register the default at the cra’s. If it turns out there’s been a clear 6 year gap to the date of your link letter then they are stuffed. All they can do is ask nicely or beg for the money until you tell em to FO. Probably end up getting a huge discount offer through the post once they realise the score.

[bankaid]

as far as i can see, there have been no payments made while Link have had the debt, and i would have thought if there had been payments made Link would use that, and not the fact that i sent a letter to say the debt cannot be statute barred, but thats only my way of thinking.

[bankaid]

hi everybody. ive had a reply from Link saying all the imformation they have sent, is all the imformation they had on me. They suggest sending Sar to Northern Rock for detail of the last payment made.

[bankaid]

Hi folks could anybody point me in the right direction as to where i should send Sar too exactly, regarding Northern Rock. Thought they had been taken over by Virgin? Thank you

[BRIGADIER2JCS]

SAR to Northern Rock.

[bankaid]

Thx Brig, get on to it straight away

[bankaid]

A quedtion. This account must be at least 13 years old, probably longer. Supposing after all the upheaval NR have been through, and being bought out by Vrgin, NR no longer had any record of the account, where would i stand with Link, or doesn't that sort of thing happen?

[BRIGADIER2JCS]

When was the last payment made to anyone.

[bankaid]

This is what we don't know, and hoping it comes to light when NR get Sar letter. The original loan was for £5000, i payed nearly £6000 which would have taken around 3 and a half years, and Link say i defaulted in 2001, and figures show that too, but there is another default notice in August 2005. I can't pretend i understand half of what Link sent me regarding Sar request, i don't understand half of it. If it was defaulted in 2001 then i'm pretty sure nothing would have been payed after then, NR was the botton card that brought the pack down, and there is nothing showing i payed anything after 2001, just there is no exact date.

[BRIGADIER2JCS]

This sounds more and More strange, Have no payments been made since 2001 to any company dealing with this debt?????

[bankaid]

There are no payments showing to Link, and before them was a company called Abbey, but as far as i can remember, they weren't around long before Link came along. between 2003 and 2006 i lost everything, house, family, the works really, it wouldn't have been feasible to have paid anybody anything the mess i was in

[BRIGADIER2JCS]

Ok nothing ventured nothing gained let me read through all this again, then I''ll draft a letter for you.

 

Ok,

 

The Letter that follows is to be sent recorded delivery to the Compliance Manager at Link.

 

Ref:xxxxxxxxxxxxx

 

 

Dear Sir or Madam,

 

I refer to the debt for £xxxxxx which you allege is owed by me, please take note I do not acknowledge

any debt to Link or any company you may claim to represent.

 

I have researched my credit history and taken advice on this matter and have concluded that this alleged

debt is statute barred and I will therefore not now or in the future make any payment or offer of payment.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

 

I now require you to cease processing or storing all data relating to me.

 

Should you wish to dispute this matter please be aware that the burden of irrefutable proof that this matter is not statute barred lays with Link, I do not have to provide proof of this statement.

[bankaid]

There is one thing that kind of worries me. Before i posted on here i did some homework on Link financial, not a nice company by any stretch of the imagination, so why haven't i seen the nasty side to them. no threatening letters, phone calls stopped, it just doesn't seem like them.

[BRIGADIER2JCS]

Because the debt is stat barred I think, SEND THE LETTER DRAFTED!!!!!!!!!!!

[bankaid]

i'll do it tonight, thanks for yours and everybodies help Brig, i do appreciate all the help i'm getting

[bankaid]

Hi everybody, hope you'll forgive me for not keeping in touch the past couple of months or so, my computer decided to pack up on me, so had to save a bit of money to replace it In the time ive been away its been reasonably quiet, only one letter from link. It seemed like bog standard letter, "ignoring this letter will not make this debt go away", and please phone as soon as possible to discuss payment options etc. It finished by saying if i don't make an offer to repay this account they will check my credit rating held by the credit agencies to ascertain how they can best ensure this debt is repaid.

I replied by saying i am not ignoring a debt i believe is statute barred, and is no longer collectable, and i have no intention of phoning anybody to do with link financial. I had also enclosed a letter to them that there own data controller sent me suggesting i sarred North

ern Rock for any imformation i still might need, i.e. date of final payment.I told them i would be in toch with them as soon as i had heard from Northen Rock.

[bankaid]

My brother sarred Northen Rock on 22/08/12, and it was delivered the following day, i haven't had anything from them, and there 40 days runs out in 2 days. My question has to be, what happens if Northen Rock don't reply, as seems highly likely. How can Link decide when the debt became statute barred if the don't know the date of the final payment?

[BRIGADIER2JCS]

Hi welcome back,

 

Why not phone NR and get the details of the last payment?

Have you checked your credit reference files, this will show

the default date on the account so the statute barred date can

be some months prior to that date.

[BRIGADIER2JCS]

If NR don't reply to the SAR it gets reported to the ICO.

As suggested phone NR for the date of last payment or

check credit files which may actually show the date of last

payment (often shown as data last delinquent).

[bankaid]

hiya Brig, nice to be back. Sometime back i sent Link a prove it letter, they didn't reply, BUT... i got caught out once and answered one of there calls. One of there very nice gorillas ended up shouting down the phone that "they dont need a prove it letter because i defaulted in 2001", and thats also what it says in the imformation Link sent when i sarred them. there is no date as to when the debt started,but i can narrow it down to be no later than 1995. The ammount payed was nearly £6000, that equated to 30 months payments. so at worst the final payment would be before 2000. Links data is mainly double dutch to me, but if they were so sure they had a cast iron case, why, in 2 years haven't they threatenned me with court?

[BRIGADIER2JCS]

Ok send this letter it can do a lot of good an absolutely no harm.

 

To the Compliance Mnager

Link Financial.

 

Ref: as on their letter.

 

I refer to your letter dated xx xx xxxx in which you press for me to make payment in regard to a debt for £xxxxxx which you allege is owed by me, please note I do NOT acknowledge any debt to Link or any company you may claim to represent.

 

FORMAL DECLARATION.

 

I have researche this alleged debt and have concluded that any such matter is STATUTE BARRED and I will not now or at any time in the future make any payment or offer of payment.

I have notified you previously of the status of the allged debt which you have ignored, your continued pursuit of this matter now amounts to harassment.

I refer you to the OFT Guidance on Debt Collection 2003 amended October 2011 section 2.14 (B ) para. 4;

Continuing to press for payment after a debtor has stated that they will not be paying because the debt is statute barred, this could amount to harassment contrary to section 40 (1) of the Adminitration of Justice Act 1970

I now demand that your company ceases to store or process any data relating to me.

No further correspondence will be entered into any any further communcation by any method by Link will be reported to the regulatory bodies and a complaint of harassment WILL be made with out further reference to link.

Send it recorded and track delivery.

[bankaid]

Thank you for the letter Brigadier, i will get it posted in the morning.

[bankaid]

Well no turning back now, Link will get the letter before 1pm tomorrow, then the fun will start, cant see Link giving up over 12 thousand very easily. What happens regarding Northern Rock? if we dont have date of last payment, where do we go?