Am I being harassed? Statute Barred & a dodgy company

trelloskilos

This is very odd, as I am pretty sure that I am debt-free, and my Experian credit rating is healthy.

A while ago, I was contacted by 'Link finance' regarding an MBNA card that I had years ago. According to them, I owe approx £280(ish), from a card that I thought I paid off in 2000.

Now, I have not verified my details with them, thinking that there's something fishy going on. They have been able to obtain a lot of details about me, and I have several questions about whether their techniques are strictly legal or not, and also about this whole 'Statute Barred' thing.

My initial question is "Is it possible that this is a case where the MBNA added a few pennies interest to a Credit Card account I thought I paid off, then sold it on to another agency, who let it stew for a few years while the account grew fat on the interest?"

2nd question - Does anyone know about "Link", who they are, what they do, how they operate etc.? Anyone had dealings with them?

3rd question "Am I being Harassed?" - I'm pretty sure that all my dealings with MBNA were well over 6 years ago. (According to Experian, my last record with MBNA is circa July 2001) - If I am being harassed, what are my legal rights?

4th question - How do I handle this? Do I steadfastly deny my name? Do I announce to them who I am over the phone, but not enter into any agreements? Do I just play their game, but not agree to sign anything?

Final question - can this affect my credit rating? I mean, if I am protected by statute barred law, can this company still put a blemish on my record?

Any assistance would be greatly appreciated.

RAS

Unless there is a CCJ out on this, it will almost certainly be statute barred as the time limit ran out in July 2007 at the latest. It is for Link to prove otherwise, ie that you have acknowledged the debt in writing or by making a payment in the period July 2001 - July 2007.

They are legally entitled to ask you to pay at present, but if you advise them that the debt is statute barred, they must desist and remove your details from their files.

You certainly do not speak to them on the phone - if they ring again insist they write to you, and when they do, send the statute barred letter.


And according to at least one poster working in Debt advice, a very high percentage of older MBNA accounts do not have an enforceable CCA either.

trelloskilos

Hi RAS

Thanks for the reply. Just a quick question to a thickie like me...;)

What are CCJ and CCA? Thanks

RAS

County COurt Judegement and Consumer Credit Agreement

trelloskilos

Thanks, RAS, so now I know that I should not confirm my details with this company.

But I'd like to really not worry if this might have an adverse effect on my credit rating, or what my rights are. I'm still concerned about this company, and my internet searches have been fairly fruitless at the moment....

...once again, any more insight or help would really be appreciated.

fermi

Have a good read through the information in the factsheet linked to below:

Factsheet | Liability for Debts and the Limitation Act

There is even a letter to send stating that you will not be paying the debt as it is statute barred.

National Debtline are free and impartial, so if you need some reassurance regarding your position then a chat with one of their advisors often helps.

Link (or any other company dealing with this) only have six years to add anything to your Credit Reference Files, so if the debt is "Statute barred" you should not get anything adverse recorded on them.