help statute barred

towncryer

thanks emily

towncryer

thanks emilyi posted a reply it didnt come up.So if link tried to go to court to get a charging order if i dont contact them, would the court just say prove the original date of last contact?i am wary of writnig to link, even with statute barred latter, as they may speed up their chaseTC

rog2

towncryer wrote: »

thanks emilyi posted a reply it didnt come up.So if link tried to go to court to get a charging order if i dont contact them, would the court just say prove the original date of last contact?i am wary of writnig to link, even with statute barred latter, as they may speed up their chaseTC

You need to write to Link, initially, but, as you say, if it did come to court, then your only defence necessary would be that the debt was 'statute barred' and Link would need to prove otherwise.

towncryer

i got some nast posts on antoher debt question site, very personal, so all help i can get is greatl appreciated. I dont want to do a credit report, or letter and find out all i did was confirm where i am. but i would like to know the info they have on me all the same. what should i do? someone said link will go to court, but if it is older than 6 years, what would the court say, would it ask for proof? also, conflicting info. some have said credit report won't say when debt last had a payment on it, therfore doesnt say how old it is.? for example what would a credit card say? the last payment made, or when you took it out, as they are ongoing arent they, over a long period sometimes. please helpTC

towncryer

why do i have to write to them, i am still not clear on this? please help.

TC

rog2

towncryer wrote: »

why do i have to write to them, i am still not clear on this? please help.

TC

Simply because if you do NOT write, they will continue to chase the 'alleged debt' and will make your life a misery.
All you need to do is to send the template letter, with your details filled in of course, that is on the National Debtline link that I gave you earlier.

towncryer

ok, thanks again.

towncryer

i do have another couple of qs. hope you dont mind, now this has sunk in a little. if link never got a ccj before how come? why didnt they bother? do you think only original debotr can really, eg abbey and mbna in my cASEif abbey has written this off, then how does debt stil exist, they cant do both can they. just something suspicious about what link wrotedont make any payments to abbeyplease advisethank you so much

lemma1968

rog2 wrote: »

Hi TC - The Limitations Act, 1980 states that if you have made NO PAYMENTS against the alleged debt, nor communicated IN WRITING to the creditor, for a period of 6 years (5 years in Scotland) then the debt is considered to be Statute Barred and can not be collected through the courts - there are a few, mainly property related and Crown debt, exceptions.
CCJs are not covered by this legislation, though, so it is worth finding out exactly what the debt is that they are chasing you for.
There is a template letter, that you can send to the dca - it can be found on the following link.

http://www.nationaldebtline.co.uk/england_wales/temp/5657_10811.pdf

Hope this helps.

This sounds ever so familiar!:D
This topic keeps coming up again and again.

I think we need a sticky!

Or better still a templates library on this site...or is there one and I have not found it? I tend to find them elsewhere in any event.

rog2

lemma1968 wrote: »

This sounds ever so familiar!:D
This topic keeps coming up again and again.

I think we need a sticky!

Or better still a templates library on this site...or is there one and I have not found it? I tend to find them elsewhere in any event.

It's a nice thought, Lemma, but unfortunately probably not practical as the law is constantly changing - it would need a team of people to keep up with legislation, whereas organisations such as National Debtline and CAG are specialists in this field.

On the other hand - if you are volunteering.....:rolleyes: :rolleyes: