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Debt collectors visiting for an unenforceable debt

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  • Debt collectors visiting for an unenforceable debt

    I would be grateful for some advice. In early 2022 Link were unable to comply to a CCA request and wrote saying the account is unenforceable. I stopped payments and have not responded to them since then. They send a statement of account each year with no mention of this being unenforceable but no threats. I have had a letter today saying they will send debt collectors to visit me about the debt they say I owe unless I pay or call them. They do not mention in this letter that the debt is unenforceable.

    1. Can they call at my house?
    2. If I write saying that the debt is unenforceable will that reset the statute barred clock which is 3 years in.
    3. If I tell the collector, if they call, that the account is unenforceable will that reset the clock. Or can I refuse to speak to them?
    Tags: None

  • #2
    Originally posted by Teasel88 View Post
    I would be grateful for some advice. In early 2022 Link were unable to comply to a CCA request and wrote saying the account is unenforceable. I stopped payments and have not responded to them since then. They send a statement of account each year with no mention of this being unenforceable but no threats. I have had a letter today saying they will send debt collectors to visit me about the debt they say I owe unless I pay or call them. They do not mention in this letter that the debt is unenforceable.

    1. Can they call at my house?
    2. If I write saying that the debt is unenforceable will that reset the statute barred clock which is 3 years in.
    3. If I tell the collector, if they call, that the account is unenforceable will that reset the clock. Or can I refuse to speak to them?
    1. Can they call at my house?

    Debt collectors have 'zero' powers. They can call, but have to follow certain Rules.
    If they call or keep sending letters, that may considered 'harassment' then you can write to them to stop that behaviour.
    Make sure you get Proof of Postage.

    https://nationaldebtline.org/get-inf...sment-warning/

    2. If I write saying that the debt is unenforceable will that reset the statute barred clock which is 3 years in.

    If you haven't made a payment or acknowledged the debt in writing, then the debt will be statute barred, providing there is no CCJ.

    3. If I tell the collector, if they call, that the account is unenforceable will that reset the clock. Or can I refuse to speak to them?

    ​​​​​​​Answered in 1 and 2.

    Comment


    • #3
      You could just write to the debt collectors stating that you have withdrawn their implied right of access to your property.
      If any one does visit only speak through the closed door and tell them their implied right to access is withdrawn and they should leave immediately.
      You could also leave such a notice visible by the door or garden gate
      If they don't leave, they are then trespassing

      Comment


      • #4
        Thank you for your advice and time. I am still a little confused - is writing saying the debt is unenforeceable acknowledging it exists - and thus resetting the clock? Does any communication reset the clock? Or should I just ignore it all and not respond to anything. If they call I will send them away without a comment.

        Comment


        • #5
          If you should write to them, be careful and ensure you don’t admit any liability for their claim by including such a declaration in your letter.

          I would ignore them, and if anyone calls tell them politely to go away.
          ,

          Comment


          • #6
            Hi,

            did they turn up? I have similar from them and will tell them to go away. They have failed to provide CCA and T & Cs.

            thanks

            Comment

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