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Hi, I would really appreciate some advice. I was in a DMP from 2012 to 2020, I wrote to all creditors in 2020 asking for the CCA, none of them could produce. Some accepted F&F, some didn't. Of those that didn't I've either heard no more, or had the odd text/email/letter letting me know the debt is still outstanding.
Link Financial have a couple of the debts, the one I am asking about today is a credit card debt. In April 2021 they wrote to me to confirm the CCA couldn't be produced and that the debt was therefore unenforceable, I still have the letter. They were informed in writing that until the CCA was produced, they would receive no further payment. Since then they have sent yearly statements and a yearly text stating the debt is still repayable, the usual stuff.
I have now received a letter from Link stating that they intend to take legal action, to contact them as a matter of urgency or they'll pass it to Messrs Kearns Solicitors without further reference to me and the legal process will commence.
Nowhere on the letter does it state that the debt is currently unenforceable, which I believe it should?
So my questions are, should I ignore it, as I would like to assume that when it's passed over they will look into it and realise it's unenforceable? Or do I contact them to remind them it's unenforceable, and i have their letter to prove it, and they have never produced a CCA to change that situation?
My worry is that by contacting them I'm resetting the 6 year statute barred clock by acknowledging the debt. Or am I right to think that a verbal conversation doesn't do that, it's only a written acknowledgement that resets that clock?
Any advice would be greatly appreciated. I am so tempted to call them to remind them of the debt being unenforceable, but I fear that's exactly what they want!
Also, if I ignore it, does anybody know the likely action that could taken by the Solicitors, if any. I don't want to find myself on the wrong end of a CCJ if they pull paperwork out of a hat that they haven't sent to me after all these years.
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