Statute Barred Question

[BRIGADIER2JCS]

Remind me please is this on your credit files.?

[bankaid]

i've used Experian for some months now and it's never shown on there,haven't checked any others.

[BRIGADIER2JCS]

It's wait and see then!

[bankaid]

i don't know what to think. They rejected my claim that the debt was statute barred, but they've addmitted they didn't have the last payment date so how would they know if it was or wasn't statute barred, or am i missing something?

[lookinforinfo]

Well, they could have seen that an earlier payment was within the last 6 years, or more likely, they are trying to trick you into paying.

[bankaid]

i definately haven't paid them anything since they've had the debt, and i'm pretty convinced that the last payment was before i suppossedly defaulted in 2001, i wouldn't have paid after the default.

[lookinforinfo]

If you sent the Brigadier's letter then send a compliant to the OFT querying Link Financial's fitness to hold a Consumer Credit Licence.

 

Grounds for complaint

 

1]continuing to demand payment when informed that the debt is statute barred especially without providing clear justification and/or evidence as to why it is not

statute barred.

 

2] presenting information in such a way that it creates, or has the potential to create, a false or misleading impression, or exploits a debtor's lack of knowledge

 

3] contacting debtors must not be deceitful by misrepresenting the correct legal position with regards to debts or the debt recovery process.

 

4] ignoring and/or disregarding claims that debts are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid

 

5] continuing to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred

 

 

That should be enough for the OFT to get their teeth into.

[BRIGADIER2JCS]

The DCA/Creditor MUST supply ireffurable proof that the debt is not SB, vague inferences that a payment was made but e don't know when wont wash.

[bankaid]

I have read Links reply to my statute barred letter again, and this is what they said: We refute that the account is statute barred, and go on to say, We enclose a letter from you which we received on 11/08/2008 acknowledging the debt in response to our letter dated 28/07/2008. Please contact our office with your payment proposal blah blah blah. They have not mentionned any payments being made,and if they had it would have had to be show when i sarred them. I could quite easily be wrong but i can only read this 2 ways. Either there saying the debt wasnt statute barred in 2008, or if it was, they are entitled to chase the debt because i addmitted it, statute barred or not.

[BRIGADIER2JCS]

Post up a copy of your letter please.

[lookinforinfo]

If you make a payment or acknowledge a debt in writing then the Limitations Act is reset to that new time. However, once the debt is statute barred it cannot be restarted by admitting the debt.

If the last payment was made in 2001, your acknowledgement in 2008 [even assuming you did confirm it] made 7 years later would not affect the fact that it was already S/B.

 

They are trying to mislead you into paying which is precisely what the OFT meant in example 2] of my post 57.

[bankaid]

now your asking for something lol,i'll try later on tonight, never posted anything before:oops:

[bankaid]

they seem to be relying on the one letter, and i guess we'll soon find out. if the default was 2001 then i'm sure i wouldn't have made any payments after that date. I have read dozens and dozens of threads on various sites about some of the antics Link gets up too, some were horrendous to say the least, yet ive been getting kid glove treatment compared to the treatment the majority have had to put up with. I think the only "threat" as such ive had was the last letter i had from them, which was either phone and come up with a payment plan or will will check your credit files to see what action we might take. and thats it

[bankaid]

ok, i have no idea how to post, so hope you dont mind me rewriting it here. This is word for word.

Dear Mrs XXXXXXXX

regarding your letter dated 28 July 2008

I have not responded to any mail you may have sent to XXXX XXXX XXXXX as i have not lived there since October 2007.

I do not understand what being served a notice actually means, so all i can do is give you a run down on my present financial situation.

 

1n 2005 my home was repossed. Between late 2005 i lived at various addresses with my wife and 2 young children.

In December 2007 my wife left my present address, and left the chilren with me. Because of my work patterns i have been unable to do my job.

I was given full residency order for my children in January 2008

 

At this moment in time i have applied for benefits, along with housing and council tax benefits as advised by my local job centre.

Because of the severe dropin money coming into the household and the debts i have, i have been advised that bankcruptcy is the best option open to me.

Including Northen Rock my debts exceeds £XXXXXX.

I hope these figures and explanations help you, and do not hesitate to contact me if you would like any further imformation.

 

thats it, probably one of the worst letters written.

[BRIGADIER2JCS]

To my mind the letter is no an unequivical admission of liability, as set out in the OFT Guidance, although you did not state that ''you did not acknowledge'' the debt you all so did not explicitly admit liability.

I''ll draft another letter for you to send a little later in the day.

[BRIGADIER2JCS]

ok, i have no idea how to post, so hope you dont mind me rewriting it here. This is word for word.

Dear Mrs XXXXXXXX

regarding your letter dated 28 July 2008

I have not responded to any mail you may have sent to XXXX XXXX XXXXX as i have not lived there since October 2007.

I do not understand what being served a notice actually means, so all i can do is give you a run down on my present financial situation.

 

1n 2005 my home was repossed. Between late 2005 i lived at various addresses with my wife and 2 young children.

In December 2007 my wife left my present address, and left the chilren with me. Because of my work patterns i have been unable to do my job.

I was given full residency order for my children in January 2008

 

At this moment in time i have applied for benefits, along with housing and council tax benefits as advised by my local job centre.

Because of the severe dropin money coming into the household and the debts i have, i have been advised that bankcruptcy is the best option open to me.

Including Northen Rock my debts exceeds £XXXXXX.

I hope these figures and explanations help you, and do not hesitate to contact me if you would like any further imformation.

 

thats it, probably one of the worst letters written.

 

Ok This letter goes to The Data Controller Marked ''PRIVATE & CONFIDENTIAL'' by recorded delivery.

 

Ref: as on their letters.

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx in which you attempt to refute my statement that this allged debt is statute barred because of a letter written to you on xx xx xxxx, it is my contention and belief that your view the letter was an admission of liability for an allged debt I did not then nor have I at any time since made any unequivical written admission cleraly acknowledging that the obligation still susbsist.

 

The above is clearly laid down in the OFT Guidance on Debt Collection up date October 2011 appendix B subsection B.7 and I maintain that the debt IS statute barred and I will not be making any payment now or in the future.

 

This is my final response.

 

** Change of Addressee** Send instead to Selina Burdell, Chief Operating Officer, Link Financial UK and copy addressed to the Data Controller..

[cerberusalert]

Their claim is still fatuous if your last payment was 2001. Whether that letter could be construed as a written admission or not is irrelevant as the debt was already SB if you had not made a payment previously.

[BRIGADIER2JCS]

Their claim is still fatuous if your last payment was 2001. Whether that letter could be construed as a written admission or not the debt was already SB if you had not made a payment previously.

 

I have been involved in a case where a similar letter was produced in court and was rejected out of hand on submitting the Appendix B.7 statement from the OFT Guidance.

So safe on both counts already SB and no unequivical admission.

[bankaid]

i Sarred Northen rock, but had no reply, and there 40 days has come and gone, so havent got a final payment date. As the debt is at least 15 years old, and considering the upheval Northen rock have been through it didn't suprise me that they didn't reply, but it hasn't helped my cause. If Northen Rock no longer hold any details on this debt, where would i stand?

[cerberusalert]

The onus is on them to prove the debt is not SB not you to prove it is.

[bankaid]

good, but at least they won't be able to say i haven't tried

[cerberusalert]

As for not receiving your SAR you can make a complaint to the ICO.

[bankaid]

dont want to seem dumb, but who are the ICO?

[cerberusalert]

dont want to seem dumb, but who are the ICO?

 

https://www.ico.gov.uk/Global/contact_us.aspx

[BRIGADIER2JCS]

Cerberus is right get a complaint away to the ICO, you can add the controversy over the statute barred status as their data is inaccurate.