Statute Barred

Essexdizzyblonde

Link Financial wrote to me in 2023 asking for an income and expenditure declaration which I completed.  There was no admission or acknowledgement for a debt which at that time still had 2 years to go before being statute barred.  There has been no payment for nearly 8 years and no other correspondence.  They are now threatening to send Resolvecall to my home.  I believed this debt to be statute barred now but they are saying the Income expenditure form which they requested reset the clock.  Is this correct as advice I have taken says by itself it is not an acknowledgment of the debt.  

Grumpelstiltskin

OK I think you realize now that your mistake was to send them the I & E form. They are saying by doing that you admitted you owed the debt.

I don't know if that would stand up in court, someone will be along who has more knowledge.


Read this National Debtline article.

Statute barred debts | National Debtline

Don't worry about Resolvecall, you tread them like you would double glazing salesperson. They are only door knockers not bailiffs.

sourcrates

Utter rubbish, unless you specifically stated "this debt is mine" or words to that effect, only payment or written acknowledgement re-sets the limitation clock.

Completing an income/expenditure form would not constitute acknowledgement.

What was the default date, and has the entry now been removed from your credit file?

You must stop speaking to these people, they have you on a hook and you keep biting it, let them send Resolvecall, they will likely turn up whilst your out and leave a calling card, that`s the usual MO.

Resolvecall are basically a mix between a dating agency and a debt collector, they are engaged to "up the ante" so to speak, basically they are there to "re-introduce you to their client" as they need to speak to you about a personal matter.

Its all smoke an mirrors designed to get a response from you, as no one wants a debt collector knocking on their door, you don`t have to engage with them at all, and they have no more power than you or I do, so are nothing to worry about.

Essexdizzyblonde

Thank you so much for your advice.  The default notice was 2007 and until 2017 I had a payment plan.  There is nothing on my credit file. 

sourcrates

Essexdizzyblonde said:

Thank you so much for your advice.  The default notice was 2007 and until 2017 I had a payment plan.  There is nothing on my credit file. 

In that case stop engaging with Link altogether, you have nothing more to discuss with them.

The only thing you should respond too is if they attempt to take legal action, which would be very unlikely, but you can never say never.

So if you get a letter headed "letter before action" or words to that effect, and its accompanied by a document with a 30 day return window, you should post back on this thread for advice on how to proceed, as you would have a full defence to any claim as the debt is statute barred.

Otherwise just ignore them and their threats completely.