Debt Statute Barred but.....

UnluckyPerson

Hi, I have a debt with Link, the debt came off my credit file on Dec 2024, since then link have been sending me threatening letters, I replied with Statute Barred letter, they replied I made a payment back in Oct 2022. Now this payment i know is £1 and was for a CCA request, and was paid by a postal order, when i requested the CCA the letter said payment was for CCA and nothing else. The only reason I requested CCA around Oct 2022 was because I received LETTER BEFORE CLAIM, I disputed the debt and asked for various documents. Kearns returned my file back to Link and Link originally couldn't fulfil my request for CCA and then later they did issue the CCA.

Fast Forward 2 years, I receive another Letter Before Claim from Kearns, I replied to it over month ago and had no response. I disputed the debt and said its Statute Barred and requested various documents again.

How can Link say I made payment to the Account when the payment was for CCA request and nothing else. If this does get to court how can I defend it, Kearn hasnt responded to my Letter before claim forum yet. It was uncrossed £1 postal order.

Brie

you could send a Subject Access Request (SAR) where they should find your letter which shows that the £1 for the CCA request.

RAS

A CCA request is written acknowledgement of a debt, by definition. 

There is a ProveIt letter on here that avoids the problem.

Was there ever a 6 year period when you did not pay or make written acknowledgement of the debt?

sourcrates

UnluckyPerson said:

 If this does get to court how can I defend it, ?

You can`t as a CCA request is, as others have said, acknowledgement by definition, you can`t ask for CCA for someone else's account now can you.

The only caveat to that is if the account was statute barred before the CCA request was made, so if the debt came off your file in 2024, that means that it defaulted in 2018, you made the CCA request in 2022, so only 4 years in, so you can`t use the limitation act as a defence here unfortunately.

fatbelly

If they start a claim, you defend it using the statute barred defence (Limitation Act 1980, s5). A judge would make a decision.

There is no case law that I know on this. It would have to be a decision of a higher court. So could go either way. I think Link's present argument, that the statutory payment counts as an acknowledgement, is a weak one. However, the accompanying letter that you sent with the payment could be more of a problem, depending on the specific wording.

UnluckyPerson

It was uncrossed postal order.

I thought getting a cca was a legal right, i only requested it as they sent me letter before claim.

UnluckyPerson

sourcrates said:

UnluckyPerson said:

 If this does get to court how can I defend it, ?

You can`t as a CCA request is, as others have said, acknowledgement by definition, you can`t ask for CCA for someone else's account now can you.

The only caveat to that is if the account was statute barred before the CCA request was made, so if the debt came off your file in 2024, that means that it defaulted in 2018, you made the CCA request in 2022, so only 4 years in, so you can`t use the limitation act as a defence here unfortunately.

Other debt forums have said cca request is not acknowledgement. Has anyone ever defended a case.

UnluckyPerson

sourcrates said:

UnluckyPerson said:

 If this does get to court how can I defend it, ?

You can`t as a CCA request is, as others have said, acknowledgement by definition, you can`t ask for CCA for someone else's account now can you.

The only caveat to that is if the account was statute barred before the CCA request was made, so if the debt came off your file in 2024, that means that it defaulted in 2018, you made the CCA request in 2022, so only 4 years in, so you can`t use the limitation act as a defence here unfortunately.

This is the thing, letter before claim was sent to me, which i had 30 days to complete, i filled it in and disputed debt, asked for various documents and i requested cca with statutory £1 payment. All this was for information purpose only.

Other debt forums say requesting a CCA does not reset statute barred clock.

sourcrates

UnluckyPerson said:

It was uncrossed postal order.

I thought getting a cca was a legal right, i only requested it as they sent me letter before claim.

Its a statutory right yes, but that is a separate issue to the limitation period being breached.

I don`t know of any case law where this has been tested in court either, so I would love to be proved wrong here.

As fatbelly says, its the wording of the letter you sent, opinion is divided on Legal Beagles as to whether it does or does not constitute acknowledgement of the debt, some are of the same opinion that you can`t ask for information on another persons debt, so by definition the debt must be yours.

Until its tested in court, all you will have is opinion I`m afraid.

UnluckyPerson

sourcrates said:

UnluckyPerson said:

It was uncrossed postal order.

I thought getting a cca was a legal right, i only requested it as they sent me letter before claim.

Its a statutory right yes, but that is a separate issue to the limitation period being breached.

I don`t know of any case law where this has been tested in court either, so I would love to be proved wrong here.

As fatbelly says, its the wording of the letter you sent, opinion is divided on Legal Beagles as to whether it does or does not constitute acknowledgement of the debt, some are of the same opinion that you can`t ask for information on another persons debt, so by definition the debt must be yours.

Until its tested in court, all you will have is opinion I`m afraid.

There must have been thousand of debts with similar issues over the years the fact that non have mentioned requesting cca is a form of acknowledgement is positive.

I only asked for information i did not acknowledge debt in the letter.

Its been over a month and kearns have not replied to my 'Letter before Claim' form. I was just trying to get different opinions but i will defend this case 100%, just reading up on court claims and the steps to do.

Thanks for feedback especially fatbelly...