Old debt of my daughters

Old_Grey_Mare

Looking for some advice please for an old debt of my daughters.

She took out a loan in 2011. She was making payments until she lost her job. The loan defaulted and was eventually sold to Link Financial in 2016.

She didn’t hear anything from them until 2019 when they asked her to contact them with regards to some kind of repayment plan.

On her behalf I requested a CCA which was sent to me with my daughter’s signature from 2011. She then made them an offer of £500 for the debt which is £2161. 

Since then there were several letters between her and Link with them asking how she was to obtain the funds to pay the £500 and her replying to say I was giving her the money.

The last time she wrote to them reiterating her £500 offer was in January 2023 and the last she heard from them was a Statement of Account in September 2023 until now. They’ve sent her a letter to say if they don’t hear from her within seven days, they will instruct their partners Resolvecall to visit her at home. 

This has got her in a bit of a flap and we’re not sure what to do now.

Any advice much appreciated.

ManyWays

Do you know what the default date on the debt was? It sounds as though her early payments + the later settlement offers may mean that it's unlikely the debt ever became statute-barred. 

What is her current financial situation like: does she have other problem debts she isnt paying; any defaulted debts she is making a payment to; any debts she is paying normally? 

sourcrates

The default date is crucial here, as the CCA request would not have re-started the limitation clock, but the settlement offer would have.

That is unless 6 years had already passed between the debt defaulting, and the settlement offer of £500 being made.

If there was a period of 6 years between those two events, then once a debt is statute barred, it remains so "in perpetuity" and cannot be unbarred by further payments or written acknowledgement.

So we need to know when the debt defaulted, or when the default notice was issued, failing that, when did payments cease?

Depending on the answers to these questions, she may still have a statute barred defence here, it will all depend on the detail you can give us.

With regard to Resolvecall, well, what can I say, they are of no importance, just a hired hand, 3rd party collector that you can ignore completely, they have no more authority than you or I do, ignore them/tell them you don`t do business at the door/film them/ask them to leave/all of the above, they are nothing in all of this and you don`t have  to deal with them.

ManyWays

sourcrates said:

the CCA request would not have re-started the limitation clock

Are you sure? I would not suggest anyone asks for a CCA agreement if a debt is close to being statute-barred (unless court action is imminent.)

molerat

ManyWays said:

sourcrates said:

the CCA request would not have re-started the limitation clock

Are you sure? I would not suggest anyone asks for a CCA agreement if a debt is close to being statute-barred (unless court action is imminent.)

A CCA request is not admitting the debt so would not reset the clock but it may spur them into some form of action if it is not SB.

sourcrates

ManyWays said:

sourcrates said:

the CCA request would not have re-started the limitation clock

Are you sure? I would not suggest anyone asks for a CCA agreement if a debt is close to being statute-barred (unless court action is imminent.)

Consensus of opinion says not, including that of Legal Beagles.

No where in a CCA request does it state "this is my debt", acknowledgement for limitation purposes has to be blunt and forthright, and I don`t see that in an information request.

Would be really great if the OP could confirm the default date for us also.