Link Financial chasing deceased parent MBNA debt at my address

[AndyOrch]

So you have 2 letters one to your Mum and Dad ?

[AndyOrch]

Okay with you I have made a few edits so this thread flows regarding your Fathers death.

 

With regards to link ignore and forget them....they cant write to your address for another person debt and they cant chase a deceased persons debt unless officially through the executor/administrator.

 

You have informed them and supplied the necessary documentation.

 

The debt is statute barred

 

Any further letters write across the front return to sender not known at this address.

 

I know its difficult and very insensitive but keep your cool and deal with this calmly and methodically.The debt died with your fathers passing...nothing they can do or get.

 

Andy

 

Thread title updated

[AndyOrch]

Its the Executors responsibility to inform and then provide a copy should it be requested.Telling them to apply and pay for their own copy wouldn't help and most probably antagonise the situation

 

Andy

 

CAG will be CLOSED due to a major upgrade from 14:30PM Tuesday 26th 2019 for at least 48hrs and will be available in Read Only status during this process

[AndyOrch]

Yes I appreciate your points.....but when you are going through this process its probably best to comply and simplify the process rather than you antagonise the process...that is if you feel the need to actually inform a DCA..my points are very much concerning an Original Creditor....on a live account.

 

I suppose it depends on whether the deceased was actually cooperating with a DCA and actually making payments...if not as I have stated ignore and as for posting letters to family address of the deceased then that should be reported the relevant regulated authorities.

[AndyOrch]

Cant sue you its not your debt...its a pity you informed them of his death though...now they have your address and assume you are the executor.Still no monies no estate no payment and anyway statute barred.

[AndyOrch]

Take what to Court ?  You need to forget link and stop talking to the ombudsman...you are slowly being drawn in here because you wont follow the advice and IGNOR LINK.

[AndyOrch]

4 hours ago, lolo1 said:

Could some one please advise? I've been asked to obtain statements from my father's bank from 2006-2014 (when the debt was sold on) to establish if it was statute barred. My suggestion was that that was 8 years of statements to be sent and is ridiculous. It would be more sensible for them to tell me what months they believe he paid and I will apply for those particular statements to back up or dispute their assertions. The FO says not statute barred 'if they wrote to him in the 5 years preceeding the assignment. Is this true? Writing to him/a customer could even be just a letter? Surely all companies would write a letter. I researched and it says they have to have started proceedings from the last payment default. Not a letter.....proceedings .

 

Also- IF they end up 'winning' not statute barred somehow- how do I go about trying to reduce what they will accept to stop chasing. This will wipe out every single penny and will mean I cannot be compensated for legal fees I have already paid out to manage the estate etc.

Last Time I am posting to this thread.....withdraw your complaint from the Ombudsman (which was crazy to start with) IGNOR LINK The debt is STATUTE BARRED they cant issue a COURT CLAIM TO A DECEASED PERSON....they wont issue a claim to the EXECUTOR assuming you have told them no monies.

 

Andy

[AndyOrch]

Im not cross at all lolo...but sometime particularly when you are dealing with such matters like this......less is always more..the more you escalate the deeper the hole gets and you cant get out of it.

There are only two things for you to do....send the statute barred letter to link..its for them to prove its not and that Dad made payments to them and acknowledged the debt.

If they can prove it and they write to you with evidence in your name as executor...you then send them a section 78 request (CCA).

Until a court claim is issued in your name as executor....forget all about this.

[AndyOrch]

" IF they have written to my dad after 2009 (within the 5 years), can it be 'any' letter or does he have to had acknowledged it? "  

 

Its the other way round...your Dad had to write to them to acknowledge...its irrelevant what the DCA writes

[AndyOrch]

Only the holder of the agreement can request a copy using section 77/78...until they write to you in your name as executor of the estate of the late xxxxxxx

they are not at liberty to comply

[AndyOrch]

On second thoughts I wouldn't bother sending the SB notice.....its making the hole a little deeper and you are in away bowing to them as some kind of creditor.

[AndyOrch]

[AndyOrch]

When does the limitation period start?

The start date of the limitation period is whichever of the following happened most recently:

The last time you wrote to the creditor acknowledging that you owed the debt

This needs to be a signed letter from you to the creditor. In some cases an email can also count as written acknowledgment.

 

A letter from a third party sent with your permission by someone who is acting on your behalf also counts as written acknowledgment. This includes letters sent by advice agencies or debt management companies.

 

The following do not count as written acknowledgement of a debt:

• A letter from you to the creditor clearly stating you don’t owe the debt
• A letter from the creditor to you
• Speaking to a creditor over the phone

https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

[AndyOrch]

If there was a period of 6 years pre acknowledgment then yes that would suffice as it was already statute barred.

 

With regards to pre and post April 2007 agreements its very much depend on the judge on the day.But yes technically provision of sections 61 a and 127 (1) of the CCA1974 would play.

 

Now requesting a copy of the CCA as an executor is another minefield  

[AndyOrch]

A reconstituted version can be supplied in complying with a section 77/78 request..that is legally valid and acceptable.If they wish to enforce the agreement in court through litigation in theory the Original signed executed agreement would be required.The changes were never retrospective....others would argue yes but they superseded.

[AndyOrch]

Section 77/78 is a CCA request as you call it

[AndyOrch]

Of course after 7 weeks of advice your above post completely changes the course of this thread now we know about the Girl Friend..pity you didn't include it in post 1.

 

Andy