Hi all,

although its a much discussed topic "Statute Barred"

I'd thought I share some recent communication between myself and ecashwindow otherwise known as Early Pay Pay Loans.

A month or so ago I received an email from ecashwindow stating that a CCJ was "being" issued at my home address.

without acnowledging anything I responded to the email with

"You will need to send me copies of any signed paperwork and documents relating to the suggested loan I have with you.

Sending me threatening emails suggesting court action will not prompt me to make any payments unless you can provide the requested information".

Then yesterday I received the same threatening email and replied with the same response.

I at no time sent in a letter with any personal details or form of payment requesting hard copies.

But I did get a response on email from them with a copy of a loan agreement with all my personal details on it.

However the loan was from 2008 and defaulted in 2008 so it is now statute barred.

So they are being hopeful of getting the payment with threatening emails.

I guess what I am trying to say is for anyone being chased by this company be sure that you ave all the facts in place

before you think about making any payment. It is just scare tactics.

I am also seeking advice from the people that know on this site.

The email they sent me yesterday contained personsal information such as;

Full name and address

Full bank name, account number and sort code

Bare in mind I have not confirmed who I am or agreed that the loan was mine,

so surely they are breaking some kind of data protection by sending out personal details such as this

. If they are then I will need help in building a case against them.

The data that has been provided most likely came from the original application and your credit reference files.

When a credit agreement is signed you agree that the data you provide can be "Shared" with 3rd parties

including the CRA's and others.

Clearly the company believes it is contacting the right person and has done the usual checks to confirm your ID.

Your way forward is to confirm in writing that the alleged debt is " Statute Barred" under the provisions of the

Limitation Act 1980, and that you will not therefore make any payments.

To continue to press for payment (of a statute barred debt) may amount to harassment. (See FCS Handbook).

Well they are Outta luck then. Are you 100% sure its SB?

Ask them to send a Statement while not acknowledging their debt.

Especially if using the same email address now that you used previous in the original application

Pretty sure it is SB as last payment made on it was 30/07/2008 - I dont have access to the original bank account for this loan as its now closed so can not confirm when the last payment was made but I suspect it was a few months after taking out the loan. So even if the last payment was made say in june 2009, giving a couple of months for a default to arise, then it shoulld now be SB right?

Anyway I replied to his email yesterday and told them it is SB and not had a response yet.

Its like i said... You need a statement from THEM!

Im assuming the home address for you they have is one you still reside at?

IF you have moved, they may still seek a default judgement and ccj against you if you do not receive the paperwork to be able to defend it.

If they are using the exact words you have said and that a ccj is being issued and an N1 has not been sent to the last known address, that may be misleading and worth a report to the fca

Haven't lived at the stated address since jan 2009 - so I have received nothing - no phone calls and no prior emails - I don't want to ask for a statement for fear of esculating things any further - can not see anything on noodle regarding this either - I really think they are just trying it on - lets see if they respond to my last email where I stated it was statute barred therefor non enforceable in court

Watch the spite with these people

I had a statute barred payday loan from 2008. Remember these are 30 day loans then terminate

The swines a few months ago put an entry on my credit file as a payday loan and marked as closed July this year, some 7 years later after the fact

A few choice words got it removed when i mentioned the ICO

How can they seek court action if it is SB?

Im assuming the home address for you they have is one you still reside at?

 

IF you have moved, they may still seek a default judgement and ccj against you if you do not receive the paperwork to be able to defend it.

 

If they are using the exact words you have said and that a ccj is being issued and an N1 has not been sent to the last known address, that may be misleading and worth a report to the fca

Just because the account is statute barred does not mean they cannot ask or demand payment until notified of that fact

Until you advise them it is statute barred and accepted that fact they can still demand and enforce through the courts

This forum is litered with Default CCJ judgements obtained from a prior address

The onus is on the debtor to inform the creditor on any change of address and/or the account now being statute barred

[email protected] - Gary Miller-Cheevers - Director

Why not send a final email to the director stating your points

You might get them off your back!

Sent the following email to them this morning - still waiting for a reply!!

"As per my email sent to you yesterday regarding the advised loan being that of "Statute Barred" under the provisions of the

limitation act 1980. Therefor your emails advising County Court action are seen as harassing and threatening causing undue stress and anxiety.

I repeat my request that you immediately cease such behaviour and confirm that you have removed me from you contact list as the said loan is now statute barred. If I recieve no notification from you within 5 working days then I will take your lack of response as confirmation of the above.

Please also be aware that by sending out personal data such as full names, bank account details and personal address details without full and due deligence as to whether you are actually dealing with the correct individual is contrary to the Financial Data Protection Act and as such I shall also be raising a complaint regarding this with the respected authorities".

Hmmm,... Send it the email address i gave you.

who is the email address for?

Hmmm,... Send it the email address i gave you.

Gary Miller-Cheevers - Director

yep....i need to learn to read the full message - you already stated that, silly me

Gary Miller-Cheevers - Director

done, lets see if that has the desired effect

Hmmm,... Send it the email address i gave you.

yep....i need to learn to read the full message - you already stated that, silly me

*Facepalm* ^__^

I suspect you will get quite a response rather quickly.

just received this reply

"Ecashwindow Ltd will continue with its action against the debt owed, and will only accept the ruling of the courts".

Okay now raise an official complaint!

They are subject to regulation by the FCA, ICO and any FOS ruling ... Can i See the email. Just screen shot it without your email addy...

If they now issue a claim after you have told them it is statute barred, and they do not check that out as true or not, you can hit them with a wasted costs order as a vexatious litigant

THIS CONCERNS A LOAN YOU TOOK OUT WITH EARLY PAYDAY LOANS. YOU SHOULD READ THIS EMAIL IN FULL

Ecashwindow is the new name for Early Payday Loans. Same company, new name.

All our reasonable attempts to ask you to settle your loan no 5956 have failed.

Therefore a COUNTY COURT JUDGEMENT at your home address is being issued.

THE ONLY WAY TO AVOID THIS IS TO PAY £166.25 OR CALL 01908 440050

Pay by Card: Log on to www.ecashwindow.com/card-payment to pay by card online

Pay by Phone: Call 01908 440050 to process your card payment over the phone

Bank Transfer to: Barclays Bank - Account No: 53271889 - Sort: 20-97-58 - Account: Ecashwindow

This is the first email

Always quote your loan ID 5956 to ensure the funds reach your account quickly

When we issue a County Court Summons at Northampton County Court for recovery, in all cases we apply for a Warrant of Execution to be issued and effected through a Bailiffs visit.

If you have paid this within the last few days, please disregard this notice and accept our apologies.

this is the last email

Thank you for your email, the contents of which are noted.

Ecashwindow Ltd will continue with its action against the debt owed, and will only accept the ruling of the courts.

Yours sincerely