E Cash Window Formly Early payday loans

[meols cop]

I have been contacted by them in regards to a really old loan. I last made payment in Feb 2009 and I sent a SAR request off to them in Dec 2009. They appear to have used the £10 fee for SAR as payment for the loan.

 

Two questions is the SAR an acknowledgement of the loan? secondly they say that even though I haven't made a payment the fact that they have written to me keeps the timeline "live"

[renegadeimp]

1. Nope. Not at all. It's a legal request for any info they may hold on you. Nothing more.

 

2. If they took the SAR money and applied it to the loan, then that isnt your fault. You made a legal request and they have failed to comply.

[fkofilee]

NAughty!!! Thats bad... But then again some companies accounts teams have to align payments to somewhere.

 

And no... Its 6 years from last payment date etc... Writing to you doesnt affect the validity of the Statute Barred / 6 year period.

[fkofilee]

But why has it taken so long for it to come out of the woodwork?

How has this come around?

[renegadeimp]

Also, only written confirmation to them by YOU resets the sb clock. So never say its your account, or you made a payment etc.

 

But them putting the money towards aof the loan is a big no-no and really you should have challenged it. In any case, its statute barred now, as long as you havent made any more payments or written acknowledgement, so if you havent done those, then they cannot touch you.

[fkofilee]

Also, only written confirmation to them by YOU resets the sb clock. So never say its your account, or you made a payment etc.

 

But them putting the money towards aof the loan is a big no-no and really you should have challenged it. In any case, its statute barred now, as long as you havent made any more payments or written acknowledgement, so if you havent done those, then they cannot touch you.

 

How much do you want you £10 back ^__^

[meols cop]

Thanks for your replies. Firstly I didn't know that the £10 had been credited to my account until I was informed yesterday.

 

there are now new developments. I asked for a copy of the Default Letter that they sent/or should have sent. They then sent me what was titled a Second Default Notice (my understanding is you could only send one). The total owed includes the Court Fee they said they have paid out £60 although I have yet to receive any papers. That default notice was issued yesterday but doesn't propose a time when it should be paid save that unless I paid within 24 hours they would continue with the service. I have requested the original default notice that they needed to have sent before beginning court action.

 

Question How can I default on a Court Fee? Are these people incompetents.?

[neil6534]

Hi, just keep badgering them via email, they tried it with me, they would not accept it was statute barred, i opened a case up with fos, i kep complaining and today they replied stating that they aere writing the debt off

[renegadeimp]

They dont have to accept if it is or isnt. They have to prove it isnt. If they cant prove it, then they cant do much

[neil6534]

yes, but from what i understand they can not send letters suggesting court action if it is statute barred....as i said keep badgering them they are probably trying it on

They dont have to accept if it is or isnt. They have to prove it isnt. If they cant prove it, then they cant do much