Link threat of legal action

buddybudster

Hi, I would really appreciate some advice. I was in a DMP from 2012 to 2020, I wrote to all creditors in 2020 asking for the CCA, none of them could produce. Some accepted F&F, some didn't. Of those that didn't I've either heard no more, or had the odd text/email/letter letting me know the debt is still outstanding. 

Link Financial have a couple of the debts, the one I am asking about today is a credit card debt. In April 2021 they wrote to me to confirm the CCA couldn't be produced and that the debt was therefore unenforceable, I still have the letter. They were informed in writing that until the CCA was produced, they would receive no further payment. Since then they have sent yearly statements and a yearly text stating the debt is still repayable, the usual stuff.

I have now received a letter from Link stating that they intend to take legal action, to contact them as a matter of urgency or they'll pass it to Messrs Kearns Solicitors without further reference to me and the legal process will commence.

Nowhere on the letter does it state that the debt is currently unenforceable, which I believe it should? 

So my questions are, should I ignore it, as I would like to assume that when it's passed over they will look into it and realise it's unenforceable? Or do I contact them to remind them it's unenforceable, and i have their letter to prove it, and they have never produced a CCA to change that situation? 

My worry is that by contacting them I'm resetting the 6 year statute barred clock by acknowledging the debt. Or am I right to think that a verbal conversation doesn't do that, it's only a written acknowledgement that resets that clock?

Any advice would be greatly appreciated. I am so tempted to call them to remind them of the debt being unenforceable, but I fear that's exactly what they want! 

Also, if I ignore it, does anybody know the likely action that could taken by the Solicitors, if any. I don't want to find myself on the wrong end of a CCJ if they pull paperwork out of a hat that they haven't sent to me after all these years.

ManyWays

I would be inclined to ignore any letter short of a Letter Before Action, which is a letter with a lot of forms attached, one of which is headed Reply Form. Up until that point they are probably bluffing, but if you get that, it's simpler to challenge them then by asking for the CCA again than ignore it and have to defend a court case. 

buddybudster

Thank you for the advice. Would I be right in thinking that a  conversation over the phone with Link now, reiterating the lack of CCA and the unenforceable status, would not class as acknowledging the debt? If it did go to Kearns would any contact be solely with them or Link? Do you know if Kearns exist on it's own or is it just another office at Link? Many thanks

fatbelly

Yes you are correct. Acknowledgement must be by payment or in writing, by the debtor or their agent.

I would also leave it and only respond to a formal preaction letter, the one that comes with a form and 30-day limit

Rob5342

I agree, leave it for now so it has the best chance of becoming statute barred and only respond if you get an LBA.

If they are able to produce the CCA then they they could get a CCJ against you should they wish, but sending you letters to try and scare you into paying is muxh easiet for them yhan going through thwt process. 

buddybudster

Thank you so much for your help. I just wish they would look at their records to see their own acknowledgement of unenforceablity from 2021. I was in the DMP for 8 years before that. It has to be 15 years plus since I first opened the cc account and 4 years since I originally requested the CCA. I would be very surprised if this has turned up now. Thanks again

Rob5342

I suspect they may have just sent out a batch of scary sounding letters to aee if they can frighten anyone into paying without caring whether they were enforceable or not. These companies try all sorts of different tactics to try and get money from people and often push things as far as they can. I have an unenforceable account with PRA but it didn't stop them phoning me every two days for 18 months, and sending me settlement offers with text about it being unenforceable being hidden where they thought I wouldn't see it. 

buddybudster

Surely that's just pure harassment. If a CCA is requested and can't be produced, and they are informed that no more payments will be made until the it is produced, then it should be law that they don't bombard you with letters/texts/emails, sometimes threatening legal action. We know the debt still exists, we don't need constant threats and reminders. This can be detrimental to people's physical and mental health and it shouldn't be allowed. I know I'm probably stating the obvious, but I just think it's so wrong that such practices are allowed.

RAS

buddybudster, you could make an appointment to see your politician and take along your case and others to explain the impact of debt collection on mental health? Suggest improvements in the rules?

Danart1967

Hi , I’ve just had exactly the same happen , link took my debt on back in 2009 and stupidly paid an agreement over the phone £5 a month for over 12 yrs ,, then with research and advice asked for cca in December 2019 , received letter in June 2020 saying could not get cca from
mbna as account was too old ,, but unenforceable still took them 6 months to send me that letter , stopped paying and until to date even moving adress have just received the same letter threatening kearns solicitors 
I’ll be keeping an eye on this thread buddybuster if you don’t mind as I’m like you a bit apprehensive of replying reactivating the clock 
many thanks 

Rob5342

It sounds like they are trying their luck to see who will pay, times must be getting hard for them. 

I'd ignore them until they get serious and send an LBA which they may never do.