Link financial

Craftycarper

I received a letter from link saying the aquired dept from GE Capital woodchester march 2005. Sent me a letter claiming I owe £5000 for a car years ago. Fair enough if they contacted me then. But 6 years is taking the biscuit. They also keep phoning my house but I'm ex directory. How they get my number? Can I please get some advice

fermi

Is the debt statute barred?

See: https://forums.moneysavingexpert.com/discussion/2606811

Craftycarper

I have had a ccj for the dept from GE capital which has now come off. This was on for six years and now they contact me. I think it's statue barred I have never written to them once so they won't have anything saying dept is mine anyway. What you think

Craftycarper

Sorry was a default I had on credit rating

fermi

If there is a CCJ then it can't be statute barred.

However, if it has gone more than 6 years without the creditor trying to enforce the CCJ, then they may need permission from the court to do so.

Craftycarper

Yes as i said it was a default notice from GE capital not a ccj. Are they allowed to call my house? To be honest the scare tactics don't work just bored of phone calls. I will invest in true call to stop this :-)

Gordon_Hose

When was the last time you made payment? Have you ever acknowledged the debt in writing since 2005?

Craftycarper

I have never acknowleged the dept nor made payment. I have never written them a letter. Just told them politely to go away ;-) when they called.

Gordon_Hose

Send them this letter:

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No: xxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other

* = Delete as applicable.

Craftycarper

Do I put my name on it? I take it I dont sign it. And if they call me after this they will be in trouble I take it?

Gordon_Hose

Type your name, don't sign it.

As for the calls you can send them this:

Your Street
Town
City
Postcode
DATE HERE
Company Name
Road
Town
City / County
Postcode


Dear Sirs
Harassment by telephone

Account Number: XXXXXXX
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


[NAME HERE]