Link Outsourcing citing CCJ's from Aug 2000? Help

[BryanR]

Hi Guys, so far I've found CAG to be fantastic.

I got a letter back in July this year from Link Outsourcing about my student loan from 1991 which freaked me right out. Thanks to this site I found out that it was definitely Statute Barred, I read loads of interesting threads and got appropriate wording and sent off a letter as recommeded. I heard nothing so assumed after what is approaching 4 weeks that they had dropped the whole thing and now low an behold I receive a letter from them today.

They are now stating that the account can not be cancelled under the Limitations Act 1980 because a CCJ was secured against me by Student Loans Co in Aug 2000 and transferred from Northampton County Court to Shoreditch County Court - they cite a claim number.

They state that they 'confirm that on payment of my Judgment balance my account will be repaid in full", and that I should contact them with proposals to redeem the reaming balance of £4235 by return???

This sounds like a bunch of you know what to me - is it? To my knowledge I've never had a CCJ against me. I've certainly had no paperwork in any shape or form stating it. Further, since 2000 I've taken out mortgages, credit cards and bank loans without any hitch at all. In fact as far as I can tell I have a very healthy credit rating.

My question is do I just disregards this letter or do I need to need to start delving into the matter. I don't want to start and endless sea of trouble and admin for myself.

Can Link resurrect old CCJ's (if they exist) from when I lived in London many years ago. The last dealing I had with anything to do with student loans was back in 2002 (there was no mention of anything at this stage about them pursuing me) when I moved addresses to Gloucestershire, since then up until this year in July I've heard nothing from anyone. Quite frankly I'd forgotten all about it.

Any advice will be useful.

Edited October 1, 2012 by BryanR

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/showthread.php?352421-Link-Financial-Outsourcing-Threatening-letters

[cerberusalert]

a CCJ doesn't become SB, but unless they enforce it within six years they will have to apply to a court for permission to do so however;

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless their were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[BryanR]

Thanks Guys, do I assume from this info that this is Link playing their usual games and I should just ingore the lettter. Should I check my credit rating through a third party, I'm wary of this as I've read on this forum that this can open up a can of worms? There's been no contact from anyone for over 8 years and like I say surely I would have beeen aware of CCJ's against from 2000.

Ta

[Bazooka Boo]

Checking your credit files will not open a can of worms.

 

Check for CCJ's on http://www.trustonline.org.uk/