Hi all,

Some help and advice would be amazing on this!

I have a defaulted payday loan with Instant Cash/PayDay Uk which is now owned by Prac/BW Legal. The account started on 10/01/2012 and the default occurred on 1/7/2012. I did not make a payment at all towards this or respond to any letters or phone calls. As you can see this debt is very close to being statue barred, if not already.

I went through some old documents and discovered a letter of claim from Prac/BW Legal for this debt.

This was sent to my current address (which was different from the address on the account, so they know where I am) on 24/10/17 with a reply needed by 28/11/17. I foolishly put this in with the other few letters I have received over the months which I assumed were bog standard debt letters. I did not reply to this in any way.

Where do I stand? I havent heard anything since. Nothing from the court. Nothing on my credit file and its 6-7 months past the deadline set by the letter?

What should I do?

What I'm hoping is that they missed the chance to get it to the court before it became statue barred?

As, if I'm right in my thinking I never made a contractual payment then the 'cause of action' would be the first missed payment, and the debt becomes statute barred 6 years after that. Which would be around the Jan/Feb time of 2018?

Thanks all

Sb 'd then

Send them the sb letter from the debt collection section of our library then they also have been notified of your correct address so no backdoor ccj

Moved and retitled

Does a letter of claim not mark the start of court proceedings?

I know they have 6 years to get a CCJ before it become statue barred but what is the point they need to get to in that time?

Do they need to have a court date for example?

Does that make sense?

The Letter of Claim is irrelevant.....runs from any court claim date issued.

Andy

Sb'd or not they can go for a ccj as nothing is ever checked if a claim goes undefended as no human ever checks anything.

Which is why it is so important to never run and hide

The Letter of Claim is irrelevant.....runs from any court claim date issued.

 

Andy

So it can become statue barred right up until the court date is issued?

So it can become statue barred right up until the court date is issued?

Do you actually know what statue barred is ?

 

Do you actually know what statue barred is ?

Well I believe a debt becomes statue barred if 6 years have passed from the last date of cause of action. When it becomes statue barred, it still exists but prevents court action being taken to recover the debt?

So in this case, as I made no payment to the debt and made no contact the cause of action date will be the date of the first payment. Which I believe was a month after the start date. Roughly end of Jan/start of Feb 2012. This means statue barred date Jan/Feb 2018.

I received the letter of claim in Oct 2017 and had till end of Nov 2017 to reply. I didn’t (as I didn’t understand what it was at the time) reply. This was still within the 6 years.

How we since then I’ve heard nothing else. So I’m hoping that they didn’t get the CCJ paperwork to the court in time before it became statue barred otherwise I imagine I would have heard something by now? 5-6 months after the letter of claim? As I believe that as long as court action is started within the 6 years, it stops the debt from becoming statue barred?

That is what I’m asking, the letter of claim doesn’t count as start of court action? Only when I get a court date and official court paperwork I guess?

Carefully read post 6 then as post 2

Ok. So send them the statue barred letter as I’m pretty much 100% certain this debt now is.

This should stop any court proceedings.

As I guess by what you said in post 6, by not telling them at all, they will still go to court and it could still go through if I don’t do anything about it?

Correct