LINK and paying an unenforcable debt...

sickasachip13

hi there,

We've been trying to get on top of the old CCA requests, with some successes. We've had a letter from LINK which says:

...apologise for the delay...further to your request...'the original creditor has confirmed they are unable to fulfil the Section 77/78 request. Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default'

Now, I don't give a rat's bum about the default thing as this has fallen off our credit reports anyway. But what about paying the thing? We haven't made a payment for around two years and do not really want to make any in the future (there's around $1400 (pounds) outstanding. Can LINK do much? Is there a way of shutting this down? Do you think we could agree a nominal payment to just round things off? It feels a bit unresolved as is.

cheers

cjmillsnun

You have 2 options.

a) do nothing. You have around 4 years until the debt becomes statute barred. You can then send a statute barred letter and that will be it. You have said the debt it unenforceable, so unless a CCA agreement can be magically "found" and given to you, it can't be enforced by a CCJ. As it has dropped off your file, then it is not affecting your credit report. This is the route I would go down. At no stage admit liability for the debt.

b) make an offer. This closes the debt, however they can't enforce it anyway and it costs you money.

sourcrates

Hi,

Your choices are these, you can make a small offer to settle once and for all, occasionally these offers are accepted, sometimes not.

Or, you can write and tell link as they have been unable to comply with there statutory duty, you will not be making any further payments to this account.

Short of writing and asking you to pay, there is nothing else they can do legally.

Normally once you've told them of your intention not to pay, they tend to go quiet and concentrate on those that are enforceable.

sickasachip13

Thanks folks, I think i will leave them alone and see if they ever get back in touch and, if they do, tell them to sling their hooks.

I have anotther 6 accounts for which the creditors have not been able to provide CCA info, but none of them admit they don't have the info. They just keep asking for another 40 days... I've stopped paying them for now.