[ATTACH]39528[/ATTACH] morning All, I have recieved the attached response from link, should i push the refund issue or is it not worth it. many thanks

thanks all, Letter sent. I have no doubt they will send another letter saying that they refute the account is statute barred

[ATTACH]39070[/ATTACH] this is the letter i plan to send to link any advice on wording much appreciated

It was statue barred prior to this, according to Link the account was dafaulted on 27/11/2004. My first payment to them was on 19/10/2010 when they threatened to wreck my credit file so in panick I paid. then found this forum and it was noted the account was SB and I should stop paying.

No i did make the payments so the statement is correct.

[ATTACH]39064[/ATTACH] Sorry Andy edited

[ATTACH]39063[/ATTACH] Morning All, please see attacehd letter from link, they enclosed the same statement of accaount as previously posted. Any ideas most welcome

Thanks for your assistance I will keep you informed. i dont think I will get the money back but who knows.

I would be obliged if you would review the letter i propose to send to Link any reccomendations welcome. Link Financial outsourcing PO Box 30095 London, SE1 7WU Date17/10/12 DearSir/Madam Acc/RefNo Youhave contacted me regarding the account with the above reference number, whichyou claim is owed by myself. Iwould point out that under The Prescription and Limitation (Scotland) Act 1973Part 1 Section 6 "If, after the appropriate date, an obligation to whichthis section applies has subsisted for a continuous period of 5 years: (a)without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligationhaving been relevantly acknowledged, then as from the expiration of that period theobligation shall be extinguished:" Iwould also point out that the OFT say under their debt collection Guidance onstatute barred debt that "it is unfair to pursue the debt if the debtorhas heard nothing from the creditor during the relevant limitationperiod". Thelast acknowledgement of this alleged debt was made over five years ago. Unlessyou can provide evidence of payment or written contact from myself in therelevant period under Part 1 Section 6 of The Prescription and Limitation(Scotland) Act 1973 , I would respectfully suggest that you are no longer ableto take any action against myself to recover the alleged amount claimed. Wewould point out that we were induced to make payments under duress, during atelephone conversation with your staff, the tone of which amounted to bullyingand harassment. Yourlack of transparency and aggression in pursuing this debt in the knowledge thatit was already Statute Barred have been noted, and a formal complaint will bemade to Trading standards and the OFT. Iexpect that under the circumstances you will refund the £650.00 which has beenpaid at your earliest convenience. Shouldyou continue to pursue this account without providing this evidence I shallseek an interdict and damages accordingly. A formal complaint will also be madeto Trading Standards along with a report to the OFT questioning your fitness tohold a consumer credit license. Iawait your written confirmation that this matter is now closed and that nofurther contact will be made concerning the above account after that lastletter. I lookforward to your reply.

many thanks for the support, only the first morning of what will be a long battle i feel. Feeling a little light headed already might be the patches.

Morning All, after 20+ years my quit day has finally come around. I am using a combination of patches and inhalers as recommended by the chemist. and i have an ecig if it all goes "pear shaped"

Is there any template letters which specifically refer to the 5 year statute in Scotland? Many thanks

[ATTACH]38803[/ATTACH] [ATTACH]38802[/ATTACH] I think i have done this correctly. If so it shows the letter and a transaction summary. I checked on noddle this morning and there is no reference to this on my credit file. Thanks again

hello all, Just when i started to think that this had all gone away, i recieved a few phone calls again. I advised link that i would only deal with them by letter and duly recieved the letter below. I do think this going beyond ridiculous, my original letter was sent ot Link by recorded delivery on the 15/10/2011. this reply dated 25/09/2012. We write to you further in relation to your Abbey national plc (Santander) account. We refute that the account is statute barred. Whilst we accept that under section 5 of the limitation act 1980 an action cannot be brought after 6 years however we would refer you to part 29(7) of the act whereby a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments. This account was defaulted on the 27.11.04. we enclose a transaction summary for the account showing you had made a payment within the the limitation period this was on the 19.10.2010. the last payment credited to the account was on 03.10.2011. the account is accordingly not statute barred. please confirm your payment proposal to settle the account..................... All responses and advise on how to make this all go away is appreciated. dazza

Hi All do you have any experience of the above? i took out a halifax 3 year fixed rate which should have expired end November. I have been advised I will stay on this fixed rate till the end of january!!! Fixed rate of 6.89% against svr of 3.5% about £400 per month of a difference

Hi All,, Still no response from Link. letter sent way over a month ago recorded delivery. do you think this is the end of the matter?? many thanks Daz

Many Thanks again for all your help. Letter has been amended and sent. I will keep you posted on the response.

thank you for your responses Elsa, I like the tone of that paragraph and have amended. Consider legal action to recoup payments made under duress and with the Collector being fully aware that the debt was SB at the time of collection. Andy, How difficult/expensive would it be to commence legal action? i may wait until they have acknowledged that this over before going down this route.

Hi Andy £600 approx( sticks in my throat now)

many thanks All I would appreciate a review of the following letter I plan to send Many thanks in advance The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Acc/Ref No .... You have contacted me regarding the account with the above reference number, which you claim is owed by ourselves. After being bullied and coerced by your staff I agreed to pay a monthly amount, after taking advice I note that this debt should have been Statute Barred, therefore I have cancelled the standing order and will not be paying anything further. I am sure you had this information and in view of this unethical behaviour I will be complaining to the OFT about your company. We would point out that under the limitation act1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their debt collectionGuidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Mr A N Other

Slow Slow Slow

Hi cyberpunk enjoy!! full of really helpfull people

There is nothing on experian Current Account from Santander Current Account (I) / XXXXXXXXXXXXX Name Date of Birth Terms 0 @ £ 0 (Monthly) Status Settled Current Balance £ 0 Start Balance £ 0 Credit Limit £ 0 Default / Delinquent Balance £ 0 Start Date 05/08/1999 Date Updated 28/01/2010 Date Last Delinquent Date Satisfied 29/12/2009 Default Date

on the subject access letter should i put down my D O B and previous address. i have moved about 4 times in the last eight years?

thank you all for your valuable info. I will commence the letters this weekend. I have always lived in Scotland so it should be 5 years.. due to the age of this the only information i have is the dates of bank acount change over etc. Does anyone know which agency Abbey used or should i confirm with them all that there is nothing on the credit file. I checked experian and equifax two months ago and there was nothing for this overdraft (just a closed paid in full) credit card. I take it that even though it appears I have been spoofed I have lost the money paid so far?