Bw legal

Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.

Can you please give me some advise
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  • sourcrates
    sourcrates Posts: 28,711
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    Anng17 wrote: »
    Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.

    Can you please give me some advise

    Yes, speak to stepchange they are a free debt charity.

    To avoid legal action I would write to them with an offer of payment, whatever you can comfortably afford, they always ask for the full balance as they won't be aware of your circumstances.

    Even if it goes to court as long as you respond to the claim form and make a reasonable offer, the court will just rubber stamp it.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Anng17
    Anng17 Posts: 6 Forumite
    Thank you i have contacted stepchange and asked for help, and bw legal are still sending letters. I did only do it last week so i guesa the infor will be in the post.
    I did it on line from a link from bw legals web page.

    I'm just worried everytime someone rings the door bell
  • sourcrates
    sourcrates Posts: 28,711
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    Anng17 wrote: »
    Thank you i have contacted stepchange and asked for help, and bw legal are still sending letters. I did only do it last week so i guesa the infor will be in the post.
    I did it on line from a link from bw legals web page.

    I'm just worried everytime someone rings the door bell

    They work in call centres, they don't knock on doors.

    BW Legal is just a posh name for a common oh garden debt collector, there nothing special.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,380
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    Anng17 wrote: »
    Hi i need some advise, I've a debt with payday uk which was defaulted in 2011 and i am now having letters from bw legal saying I'm going to have legal action against me if i don't pay in full. I can't afford to do this as i am on a low wage and a student, i accept it's my debt but i am being harassed with calls, texta and letters saying the costs will go up. I have contacted a debt agency and i am still getting letters from bw legal.

    When did you last make a payment to this? If you say 'early 2011' and since then you (or anyone acting for you) have not acknowledged the debt in writing then it is now statute barred and you have a full defence to any court claim.
  • sourcrates
    sourcrates Posts: 28,711
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    fatbelly wrote: »
    When did you last make a payment to this? If you say 'early 2011' and since then you (or anyone acting for you) have not acknowledged the debt in writing then it is now statute barred and you have a full defence to any court claim.

    Good pick up..........missed that !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Anng17
    Anng17 Posts: 6 Forumite
    It says 2011 on my credit report, I'm just getting constent calls from them, and don't know how to stop them. Ok i do but i can't afford to pay them.
    If its in statute barred what does that mean (I'm not the best legal wizz).
    I just don't want a ccj on my record, and them to up the payments
  • sourcrates
    sourcrates Posts: 28,711
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    edited 19 July 2017 at 4:38PM
    Anng17 wrote: »
    It says 2011 on my credit report, I'm just getting constent calls from them, and don't know how to stop them. Ok i do but i can't afford to pay them.
    If its in statute barred what does that mean (I'm not the best legal wizz).
    I just don't want a ccj on my record, and them to up the payments

    Has it got a default date on your credit report at all ?

    Because it would depend which month you stopped paying, if it was prior to July that year, then its already statute barred, if it was after, then it wont be, yet.

    There is an act of parliament called the Limitations act 1980, basically any consumer debt not paid or acknowledged for any period of six years, will become statute barred.

    If a debt is statute barred, it means the creditor cannot take legal action to recover the debt from you, but you must inform the creditor in writing that you believe the debt is statue barred, otherwise they can and will continue recovery action.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • fatbelly
    fatbelly Posts: 20,380
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    Sourcrates is right, as usual.

    You are worried about a ccj. That can only happen if you ignore (or defend and lose) a court claim and so far BW have not started one.

    The longer this goes on the more likely your SB defence is to succeed.

    If you can find that default date, we can work from that and give you a good idea where you stand. Or better still, tell us when you last made a payment.
  • Anng17
    Anng17 Posts: 6 Forumite
    Hi
    The default date is 1.8.2013 but on my credit it says balance is 0? I'm confused even more now.
    Does this mean it's not within the statute barred

    Ooooh i don't know what to do here??
  • sourcrates
    sourcrates Posts: 28,711
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    Did you stop paying in early 2011 ?

    It's the date of your last payment that's important, ignore the default date for now.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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