Link Finacial Outsorcing. GE Capital

[princealbert40]

Hello
Had a letter arrive from LINK OUTSORCING about a "loan application" being made in my name. I did not respond to this letter. About a week later I had another letter, this time stating they had assigned a debt for a car (HP agreement) from GE Capital) in 2005!! THIS IS THE FIRST CONTACT I HAVE HAD and it is 2014. The car is long gone as it was an insurance write off. I have not yet responded to Link. My first question is there has been no contact in over 9 years and in that time no payment from me and from my credit file details no default notice. Therefore is this debt SB or are there special rules relating to HP agreements?
Many thanks in advance for any help you can offer.

[FlamingParrot]

Re: Link Finacial Outsorcing. GE Capital

Hello
Had a letter arrive from LINK OUTSORCING about a "loan application" being made in my name. I did not respond to this letter. About a week later I had another letter, this time stating they had assigned a debt for a car (HP agreement) from GE Capital) in 2005!! THIS IS THE FIRST CONTACT I HAVE HAD and it is 2014. The car is long gone as it was an insurance write off. I have not yet responded to Link. My first question is there has been no contact in over 9 years and in that time no payment from me and from my credit file details no default notice. Therefore is this debt SB or are there special rules relating to HP agreements?
Many thanks in advance for any help you can offer.

You are correct, the debt would be SBd if there's been no payment or written acknowledgment in at least 6 years.
http://www.legislation.gov.uk/ukpga/1980/58

Actions founded on simple contract
5 Time limit for actions founded on simple contract.

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.

You could respond with the SBd letter. :thumb:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[princealbert40]

Re: Link Finacial Outsorcing. GE Capital

Many thanks for your reply.
I will send the letter recorded delivery on Monday.