Defaulted CC advice - statute barred?

LookingForwardToSpring

Can someone advise me ref my partner's debts?  I'm nearly debt free myself thanks to this forum (under another username but I don't have those details now)

My partner has 2 old CC debts, one hasn't had a payment/acknowledgement on it for at least 8 years so I assume this is statue barred?  He's been getting letters from a DCA for this with ever-reducing sums he can pay but I think the DCA are being chancers.  Should we write to them or ignore them?  It's dropped off his credit record now. 

The other shows as defaulted Jan 2021 but I'm sure that's when it was passed to the DCA (different one to above).  I can't find any record of it on his credit report pre-2021 but I know it would have been taken out no later than 2015 and I doubt he would have made any payment/acknowledgement since 2018.  Trouble is as it only seems to appear under the DCA and not the original card provider, I can't be sure.  This one, should we do a subject access request?  I assume that's not going to be considered acknowledgement of the debt and reset the clock?  

Sly72

Just my thoughts:

First debt i would say is statue barred hopefuly someone will post a link to a tempalte letter to use.

Second debt could not advise if statue barred, depends on dates etc, you could ask for a CCA if not.

sourcrates

The statute barred template letter is in the sticky thread on this board.

Debt collectors can ring/write etc, offering this, that and the other, you only need to acknowledge a letter before action, all else doesn't matter, so unless you get an LBA on the second debt, just ignore them for now.

The first one will be statute barred, but again, unless they send an LBA, you can ignore them.

If they get annoying send the statute barred letter.

LookingForwardToSpring

Thanks, will ignore them both unless he gets a LBA then I'll get him to send the relevant letter(s). 

Forncett

Hi there i wonder if anyone can help me please, i had a bad divorce and in 2007 i believe i may of had a ccj on a credit card can't be sure because the house was repossessed and i moved, in 2008 link financial took over the debt and sent me odd letters and 6 monthly statements, they have now sent a letter to say they are going to send resolvecall round to get me back in contact with them, please can anyone tell me how to approach this as i understand that it can't be statue barred if a ccj was issued but wondered if the years that have passed it would be to late to enforce it
Many thanks 

sourcrates

Forncett said:

Hi there i wonder if anyone can help me please, i had a bad divorce and in 2007 i believe i may of had a ccj on a credit card can't be sure because the house was repossessed and i moved, in 2008 link financial took over the debt and sent me odd letters and 6 monthly statements, they have now sent a letter to say they are going to send resolvecall round to get me back in contact with them, please can anyone tell me how to approach this as i understand that it can't be statue barred if a ccj was issued but wondered if the years that have passed it would be to late to enforce it
Many thanks 

You really need to start your own new thread with this, but the short answer is a CCJ does not become statute barred, but does become unenforceable after 6 years, (sec 24, limitation act 1980).

Plenty of threads on here about Resolvecall, and how to deal with them.

Basically Link can`t enforce the judgement, but can still ask you to pay, you either make an arrangement or tell them you are not going to pay for the reasons already stated.

Resolvecall are just 3rd party collectors, who are powerless to do anything.

Forncett

Thankyou not sure how to start a thread

sourcrates

Forncett said:

Thankyou not sure how to start a thread

Big red button on top right of screen, says "create new".