Link & Old Co-Op Student Overdraft debt. Statute barred?

[Paydayhostage]

Hi All,

 

I have an overdraft debtor of approx. £1,500.0 with the Coop. The Overdraft itself was taken out with a pre 2014 Student account and the account/overdraft have not been used since sometime in 2015 since when I reached the limit and stopped paying anything into the account (I use a different bank as my main account).

 

I was provided the overdraft when I had no actual income (as a student) and disclosed to their Collections Department that I had dropped out of university due to mental health issues (which is true).

 

I believe I may have had some contact with the Coop bank in 2016 where I talked about my (in)ability to pay it back. Does this mean I would have to wait until 2022 for it to be statute barred? I haven't had any contact from any DCA so I don't believe the debt has been sold on and the bank still sends me generic marketing and update emails. To be blunt, am I going to get away with not paying this back?

[dx100uk]

statute barred from the date of YOUR last use or payment.

 

[Paydayhostage]

Thankyou for the response.

 

I've just checked my credit file and it was sold to Link Financial back in 2018 with no defaults registered on the Coop debt but defaults were registered on the 'new' debt.

 

I've emailed them, playing dumb that I don't recognise the debt so that I can update my contact details and avoid a backdoor CCJ.

 

It seems bizarre they haven't even attempted court action given the amount and age of the debt.

[unclebulgaria67]

Not odd really. Just think about the number of debts that have existed in the UK since 2014. Millions of different types of debt.

 

Do you think an overdraft debt for a student is going to be a priority debt to try to enforce repayment?  This type of debt is most likely categorised as low value/low priority with very little chance of any payment being received. No point in spending money on court fees, if the debtor may only pay £1 a week, if they are lucky. And at that rate with admin costs, they would be making a loss.

[dx100uk]

link will sit on this until it nears SB status to wrack up interest and then try a backdoor CCJ hoping you've moved.

good job you've now updated them..!!

ensure the same for any other debts

never run from debt for the sake of a 2nd class stamp!!

 

[dx100uk]

get an sar off to the co-op

 

[Paydayhostage]

Thanks. Will do. How does that impact Link's ability to pursue a CCJ? Once I've updated  my contact details with Link am I right to think I should ignore them unless I receive a letter of claim?

[dx100uk]

Correct

[Paydayhostage]

A strange turn of events with this one. I advised Link that I did not recognise the debt. They interpreted this as a complaint and have now replied (last few days)  with the following:

 

"...As you are stating that you are not our customer, I am very limited to the amount of information which I am
able to divulge to you in accordance with General Data Protection Regulations (GDPR) and the Data
Protection Act 2018.
Having taken all aspects of your dispute into consideration, I have taken the relevant action to prevent you
from receiving any further communication from our organisation in this regard; therefore, you can consider
this matter as closed.
I trust this letter satisfies your dispute. However, if I am able to assist you further, please do not hesitate to
contact me.
OVERALL RESPONSE:
Based on the above, I wish to clarify that your dispute has been upheld. As such, we believe a reasonable
explanation has now been provided and your dispute has now been closed."

 

However, they also sent an email back in May that said the following:

 

"Thank you for your email we can confirm this is regarding your Co-operative Bank account. This account was opened on [redacted]  and defaulted on [redacted date in last few years]. This account was assigned to ourselves Link Financial Outsourcing Limited on the [redacted date in last few years] . Your balance as of today’s date is [approx £1500] . We can confirm the last payment made towards this account was on [ redacted date in last few years] for the sum of [£small]

 

We would like to discuss your income and expenditure information in order to agree a repayment arrangement in line with your affordability.

The easiest way to complete an affordability assessment is to register your account online at https://link.ldmsportal.com/. Here you can view your transactions, complete an income and expenditure form, set-up a direct debit and send us a message.

Once an affordability assessment is completed, we will review and be in touch via email."

 

Am I correct to believe the supposed overdraft debt of approx £1500 is now null and void? Thanks in advance.

Edited July 21, 2021 by Paydayhostage

[dx100uk]

which is why we never advise entering into pointless letter tennis with a dca...esp by email.

shame you replied without asking us 1st.

 

as long as you have informed them of your correct and correct address in WRITING 

yours is not the next move.

 

 

[Paydayhostage]

What have I lost by speaking to them though? The only contact was to ask for more info and that I didn't recognise the debt.

 

Thanks, I'll let it lie for now, then. I take it their statement that it's closed and  there'll be no more " communication from our organisation in this regard" doesn't actually mean I'll never be chased for it again?

[dx100uk]

i most certainly would not ever trust link as far as i could kick them.

 

ensure you don't move within 6yrs without informing all your debt owners in writing.