Link threat of legal action

tritons0

Hi , I’m now in same situation with letter from link saying will send info to Kearns . I have letter from them dec 24 admitting unenforceable and I sent letter saying wouldn’t be paying etc .
however only difference is my recent letter about Kearns says the debt is with LC S.a.r.lls ? Which they claim ? they told me in 2018 , but all correspondence still via links outsourcing ?
no credit records have shown my debts with link for a long time , but last payment to them was sent via stepchange dec 2024 - what does statute barred mean ? Could someone explain please - was with stepchange for 12 years chipping this off . Can I ask how everyone’s got on since they’ve had similar letter  Many thanks 

ManyWays

A debt you have been paying, even at a very low amount, wont become statute barred until 6 years after you have stopped. 
What sort of debt was this originally, a loan, a card, an overdraft, or what?

sourcrates

tritons0 said:

what does statute barred mean ? Could someone explain please - was with stepchange for 12 years chipping this off . Can I ask how everyone’s got on since they’ve had similar letter  Many thanks 

Limitation act 1980 - creditors have 6 years from the date of default, in which to start legal action.

A debt will only become statute barred if you have not made any payments to it, or acknowledged it in writing, for any period of 6 years, since the debt defaulted.

So if you last paid this debt in Dec 24, it won`t become statute barred until Dec 30, so you cannot rely on this for a defence unfortunately.

tritons0

Hi , it was a loan with Lloyds . Was paying through stepchange for 12yrs then with the help of everyone on forum went down CCA route - no CCAs produced for 5 different companies , link , Cabot , Lowell . Lowell wrote debt off straight away when unable to produce CCA and Cabot has left me alone but not wiped debt , but link are being rotten . Now received letter about Kearns solicitors- wondered what outcome has been for people on this thread ? 

tritons0

No debt belonging to these companies has shown in my credit reports for long time 

sourcrates

Well when Kearns send you a letter before action, you tick the box for more information(credit agreement etc) and return it within 30 days.

The chances are they won`t be able to comply and the case may not progress.

tritons0

Hi letter from Kearns arrived .They say they ‘demand’ repayment and failure to respond will result in court proceedings . I have a couple of sections I wondered about for filling in in anyone can advise please ? 
Last payment was to them via stepchange in dec 24 

I think I fill in section box D ? I dispute the debt  - I have letter dated 9th dec 24 saying they can’t find CCA therefore unenforceable ( I can send proof of this) 
Then fill last boxes H & I in saying I’m providing documents & requesting everything? 

I’m not doing a financial statement they can get lost lol
do I send this recorded delivery back to them ?
many thanks  

RAS

What exactly is the headline on the letter, as we can't see that on the scan.

Does it say "Letter Before Action"?

sourcrates

It is an LBA, standard form with a 30 day return window in the pictures.

Tick Box D I dispute the debt.

Unable to supply a legible copy of a compliant credit agreement.

fatbelly

Failed to comply with a valid s78 request under Consumer Credit Act 1974. S78 (6)(a) applies. Not able to enforce the agreement while the default continues