Is there anything I can do about this debt? - time limits/enforceability

strenger

I am currently paying a small token payment monthly to Link Financial for a debt that would have been incurred over 20 years ago now. To be honest I can't even remember what it's for. The remaining balance is several thousand pounds. Due to life circumstances I will never be able to repay the full amount or settle for an amount they would agree to.

I've read that you can send a letter asking them to prove you owe the money, but if you've made payments it 'acknowledges the debt' or something like that.

Am in a position to send such a letter to them? Or is there anything else I can do? 

fatbelly

You can't remember what it was but there is a good chance this was a consumer credit act debt like a loan or credit card.

You could make a formal request for a copy of the original agreement. If they can't provide it you can stop paying.

https://nationaldebtline.org/get-information/sample-letters/information-about-your-agreement-under-consumer-credit-act/

strenger

Thank you. The £1 was an unexpected snag, I've had to ask for a cheque book from my bank. Apparently postal orders can't be bought online, and it's probably not a good idea to send coins in the post 

Rob5342

It's a bit of an antiquated law given that nobody uses cheques any more but that's the way it is unfortunately. Some companies just aend the cheque back, presumably cashing it isn't t worth all the hassle for them. 

fatbelly

strenger said:

Thank you. The £1 was an unexpected snag, I've had to ask for a cheque book from my bank. Apparently postal orders can't be bought online, and it's probably not a good idea to send coins in the post 

Can you not still buy a postal order at a post office?

strenger

fatbelly said:

strenger said:

Thank you. The £1 was an unexpected snag, I've had to ask for a cheque book from my bank. Apparently postal orders can't be bought online, and it's probably not a good idea to send coins in the post 

Can you not still buy a postal order at a post office?

I have an illness that makes it very difficult for me to get out and about.

strenger

They sent me a letter returning my postal order, saying they no longer require a fee for a Section 77-79 request. At the top of the letter was an originator (name of the bank) and associated sort code and account number. There was no other info regarding my request. Is that it? Or should I expect more?

sourcrates

What type of debt was it, credit card/loan??

If it was a bank account, then sec 77 does not apply.

From your post it sounds like a bank account?

strenger

sourcrates said:

What type of debt was it, credit card/loan??

If it was a bank account, then sec 77 does not apply.

From your post it sounds like a bank account?

I know it sounds unbelievable but I genuinely don't know. This would be from at least 18 years ago. I used to have an Abbey National bank account but I don't recall any problems with it. Do you know if the letter they sent me constitutes a reply to my request? I'd expect more than an account number and sort code.

What you mean when you say section 77 wouldn't apply?

sourcrates

A CCA request only applies to consumer credit act agreements, loans/credit cards/catalogue accounts etc.

A correct response would be a copy of that credit agreement.

It does not apply to bank accounts/overdrafts.

Does the letter specify what type of debt it is/was?

strenger

sourcrates said:

A CCA request only applies to consumer credit act agreements, loans/credit cards/catalogue accounts etc.

A correct response would be a copy of that credit agreement.

It does not apply to bank accounts/overdrafts.

Does the letter specify what type of debt it is/was?

The letter was very brief and began with the name of the bank and account number that I assume is related to my payments to Link. They thanked me for my letter, told me that they no longer require a fee for those requests, and said if I have any further queries to contact them. That was it. I'm going to assume this was just a standard letter to return the payment and not an actual response to the request.

I'm wondering if I should call them to ask if I can expect any further response to my request.