Statue Barred? Ferratum

[Birmo0803]

Hi chaps, apologies if this is in the wrong section - Just a quick one!

 

Quite a few years ago, I got into debt with quite a few PayDay loan companies 'Ferratum' or their sub company being one.

I went through a DMP and thought I nipped everything in the bud, I was wrong.

 

A few months ago I received a letter from CRS - typical demands etc.

I was totally unaware of this as I thought I paid off all debts, this prompted me to go through my credit file, low and behold there's notes from Ferratum (debt/late payments etc - how I didn't spot that before is beyong me as my score was pretty darn good!).

 

However, after checking my score a week a so or go, Ferratum has completely been removed from my credit file (this loan was about 6-7 years ago) and I think it had a start date of Dec 2013 when payments were late.

 

I just got an email from CRS stating they are looking to start legal proceedings now.

 

My question is, with it being removed from my credit file, does that mean time has elapsed and it is now classed as statue barred?

Do I need to send a letter to CRS to state this?

 

Thanks, Rob!

[dx100uk]

you ignore powerless DCA's totally

 

who is their stated client?

 

dx

 

[Birmo0803]

The email is from CRS (credit source solution), the client is Ferratum UK Ltd (stated in the email) - checking a few weeks back, it was Ferratum on my credit profile. Just been so busy recently, totally skipped my mind to peruse. 

[dx100uk]

you should always be blocking and bouncing all emails regarding debt

same as phonecalls.

 

deal with the OC as they still own the debt.

 

the fact that the default has reached its 6th birthday

whereby it and the account gets removed from your file is immaterial to if a debt is statute barred or not as you might have paid after the default was registered.

 

so you need to workout your last payment date.

and have you moved since taking this PDL out too?

 

 

dx

 

 

[Birmo0803]

Ah, gotcha! Need to remember that, D'oh! I my DMP finished over 6-7 years ago, so any last payments to any payday loans would have been well over 6+ years - which is why I was thinking Statue barred

 

Correct, I've moved around 2 3/4 years ago, I've received nothing from the old address either (still occupied too - family)

[dx100uk]

its unusual for OC's to chase statute barred debts lets put it that way

but

theres nothing to say they haven't a clue CRS are doing this

it could well be CRS are after free money for their xmas party drinks and think that by sending people out a few free emails

some mug might know no better and donate to them.

 

 

[Birmo0803]

Let them pay for their own Xmas party! OK, so from what I believe, it's statue barred (as it's most likely almost 7 years since my last payment), I don't even know how much what was paid it was that long ago, but certainly 6+years ago.

 

Should I send them a Statue barred letter/email, as I received this today:

PENDING LEGAL ACTION

We have not received payment of the overdue balance and you have not made use of our online customer portal to set up a suitable and affordable payment arrangement.

Our client has authorised us to progress this matter to our Solicitors to commence the legal action against you via the County Court, therefore please contact us to discuss this matter so we can reach an appropriate resolution.

[dx100uk]

What part of never use email

Never communicate with a powerless dca hasnt been understood?

 

If you want to do anything which you should as it also protects your backdoor if the debt were to be sold and a DCA were to litigate as it stands..send our sb letter from the debt collection section of our library

 

Thats goes to the oc as they still own the debt

[Birmo0803]

Just a wee update on this,

I sent a recorded delivery Statue Barred letter a few days after.

 

On 19th I then received a letter from SilverBackLaw acting on behalf of CRS (no letter response from them).

This appears to be a letter with them asking me to reply/submit a form accepting/rejecting the balance,

should I send a further recorded letter to CRS?

This one has just threw me a little

[dx100uk]

you mean a letter of claim?

 

dx

 

[Birmo0803]

I'm not sure to be honest, this is the cover letter, within are 3 pages (2 are forms); 'do you owe the debt?' - will you pay... Finally an incoming/outgoing form, sounds fishy to me!

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

 

[AndyOrch]

Do the letters look like the following ?

 

 

 

Andy

[Birmo0803]

Darn! For some reason it won't let me add a .pdf of the file. It says

 

"We act for the above named and have been instructed to write to you to demamd payment of the sum of ££ which sum may include or solely be related to costs.

 

The contract between you and our client was established in writing... Blar blar ' you have received this letter a business intends to take you to court'

 

Can this be done on Statue Barres debts? 

 

Rob

[dx100uk]

no ofcourse not, but they'll try and scare you.

who did you send the SB letter too?

 

[Birmo0803]

Hi! I sent it direclty to CRS, recorded delivery, wasn't sure if i had to send it directly to Ferratum, assuming CRS are the collectors.

 

I've seen somewhere there's a follow-up letter to SB if they persist, am I right or in coo-coo-land?

I think it may be best sending one to ferratum too

 

Rob

[dx100uk]

Just type..we know what we have said..

 

Three times i said send it to the oc...ignore the dca

And you wasted money on recorded delivery..

 

just use 1st class with free proof of posting from any po counter

[Birmo0803]

Just a quick update on this.

 

I did re-send the letter(s) directly to Ferratum (also to the DCA to be certain). To date, although blocking CRS, they are still filtering through and threatening court action. Out of the blue too, I receive contact directly from Ferrtum - I've not requested anything from them. They have included a screenshot of when the loan was taken 16.04.2013 and the credit agreement.

 

"Further to your recent request please find attached loan agreement and details of your loan. To date we have received no payments towards this account and the outstanding balance is £336.40. Since issuing your loan the regulations have changed and there is now a cap in place to ensure a loan does not exceed double the amount borrowed, I have therefore applied a credit to your account to adjust the outstanding amount to £195.00."

 

£195 sounds better though 

[dx100uk]

the debt is statute barred

 

dx

 

[Birmo0803]

Thanks very much for your help.

They also included the Due Date which was 26.04.13, so they must have not applied the default until Dec  in 2019 that's when it was removed. 

 

What action should I take if I continue to receive correspondence from CRS 'impending court action'  or receive another letter or even a County Court Claim from these 'apparent' solicitors?

 

Thanks

[dx100uk]

the debt is statute barred

 

only the debt owner can issue a letter of claim or a court claim. via a solicitor

original creditors do not do court.

 

dx

 

[Birmo0803]

Thanks for your help, Dx. CRS are currenly acting on behalf of their 'Client' so it looks like they're trying to pull a fast one! Thank you!

[dx100uk]

told you all this in post 2 

[Birmo0803]

On 29/01/2020 at 17:28, dx100uk said:

told you all this in post 2 

Just a quick update on this one, bit of an odd one. After sending a few letters, (thanks), emails etc and 'solicitors' letters stopped. 

 

However, received an email not long ago (direct) from Ferratum advising they wrote off part of the balance due to new regulations. However, the default SB dec 2019 and come off my record then (dec 2019), but this new 'updated' balance has been added to my file from 2020, can they do that? 

 

 

Edited March 9, 2020 by Birmo0803

[dx100uk]

no they cant bring it back .

Default has past 6yrs