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MMF/Lantern - Court Action threat?

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  • Flexos
    Flexos Posts: 8 Forumite
    Hello again,


    If you took out a loan in January 2012 but never made a payment, that debt could well be statute barred (as the first payment would've been around February 2012, but missed, which is the start of the limitations clock). The 6 year clock starts from when the last payment or written acknowledgement were made, or from when the last payment was due to be paid - but missed - whichever is the later. However, the other loan may not be as clear cut if it was taken out March 2012. If you made just one or two payments to this, it may not yet be statute barred.


    However, as you want to limit the risk of court action because of your credit file, you could respond with the limitations letter asking them to prove a valid written acknowledgment, payment or judgement since the debt fell due. The onus is on them to prove something is not statute barred, and because you don't recall any payments, it is possible the limitations act applies.


    Laura
    @natdebtline

    Hello, Thanks for your reply.

    I have sent a email to both those payday loan companies asking for when my last payment was towards those accounts.

    Should I wait for them to reply or should I email lantern asking them to provide me with information when my last payment was towards said accounts with a limitations letter?

    Thanks.
  • Flexos
    Flexos Posts: 8 Forumite
    I got a reply from pounds, looks like my last payment was in feb 2013 for £20. So guess that isn't statute barred. Just waiting on WDA now.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi Flexos (have just seen your reply and Laura is otherwise engaged right now)

    Flexos wrote: »
    I got a reply from pounds, looks like my last payment was in feb 2013 for £20. So guess that isn't statute barred. Just waiting on WDA now.


    Have Pounds specified how that payment was made? Have they provided any evidence of this? If they haven't, be cautious about taking any claims of such payments at face value.


    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Flexos
    Flexos Posts: 8 Forumite
    edited 1 May 2018 at 10:52PM
    Hi Flexos (have just seen your reply and Laura is otherwise engaged right now)





    Have Pounds specified how that payment was made? Have they provided any evidence of this? If they haven't, be cautious about taking any claims of such payments at face value.


    Dennis
    @natdebtline

    Hi.

    Pounds sent me a statement of account which shows per month how much interest was on the account, balance and how much was paid into the account month by month with dates etc. It seems I made normal payments for the first 2 months and then I didn't pay for a month and then I seem to have been put on some payment plan of between £15-20 as every month after that it says "interest payment received £15 or £20 on some" all the way until feb 2013. I don't remember any of that. Is a statement of account not reliable? Should I ask them how payment was made and from which card? If they have proof of that? Or is a statement of account normally correct?

    They also state that the account has been sold to MMF/Lantern.

    It also says my balance carried forward. I've emailed lantern and asked them how they have come to a figure of £1400 as my original credit was only for £90 with WDA and the closing balance with pounds is under £900. So where has the other £400+ come from on balance?

    Thanks for the help so far.
  • Flexos
    Flexos Posts: 8 Forumite
    Hello,

    Guys I need some help cause I don't know whar my next move is.

    Pounds2 sent me a statement of account which I talked about above. WDA completely ignored me however lantern provided me with a statement of account from WDA of the loan they purchased from WDA which includes a statement of account (header is lantern not WDA). Seems with WDA original credit was £90, then paid that took another for £200, paid that and took another for £400 paid that and then took another for £400 and then went on some payment plan of £20 a month and apparently the last payment I made on my WDA account was in feb 2013.

    I guess there's nothing I can do right? :(
  • Where do I find a prove it letter? Please? Thank you x
  • sourcrates
    sourcrates Posts: 31,555 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 16 September 2018 at 3:21PM
    Where do I find a prove it letter? Please? Thank you x


    Hi,

    Bit of a random thing to ask on someone else`s old thread, starting a new thread may get your questions answered quicker next time.

    The "provit" letter can be found among the sticky threads at the top of the DFW forum, here :


    https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
    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
  • clairey01
    clairey01 Posts: 1 Newbie
    edited 12 October 2018 at 11:52AM
    So I received this email from lantern unexpectedly and replied. I actually have no knowledge of this stuff and only searching online has brought me here.

    Reading the thread I noted the "provit" reply which is interesting, so I am posting the exchange so far.

    I hope I have done well... time it seems, will tell.

    CUSTOMER REFERENCE: XXXXXXX
    CURRENT OUTSTANDING BALANCE: £374.00

    Dear xxxx xxxx xxxx

    We have been attempting to contact you and secure a solution to repay the above account for some time and have been un-successful so far.

    In light of this and as the matter remains unresolved, we will now instruct one of our debt collection partners to commence recovery action.

    If you prefer to speak with us and resolve this matter before this next step, our offer of help in finding the right solution still stands but you must act quickly to prevent this course of action by calling us today on 0113 887 6876.

    If you prefer you can email us at [EMAIL="customerservice@lanternuk.com"]customerservice@lanternuk.com[/EMAIL].

    If you are experiencing financial difficulties please be assured that our specialist team will be able to assist you.

    Information pertaining to this account may be registered with credit referencing agencies, this information may then be used by future lenders, landlords and employers and may affect your ability to secure credit in the future.

    If we do not hear from you within the next 7 days we will be left with no alternative but to refer your account to BPO Collections Ltd.

    Yours sincerely

    Lantern

    N.B. We have recently changed our name from MMF to Lantern – click here to find out more.

    Please note: If you choose to communicate with Lantern by email, unless otherwise advised by you, we will accept this as your permission for us to contact you through the same channel. Such communications may include collections activity and negotiations.

    Lantern is authorised and regulated by the Financial Conduct Authority for consumer credit regulated accounts under firm reference number 718024
    Lantern is the trading name of Lantern Debt Recovery Services Limited. Registered in England and Wales No. 06637307
    Registered office: Protection House, 83 Bradford Road, Leeds LS28 6AT

    To view our online Privacy Notice, please select the following link: LANTERN_Privacy_Policy

    ********************

    REPLY

    *********************

    Dear Sir or Madam,

    I write in reply to your email dated 11th October 2018 timed at 14:28.

    Given the vague details contained within said email, I apologise for not addressing you accordingly, as the email is signed by "Lantern" rather than an actual person.

    With response to your enquiry, I have no clue to the "account" you mention, or have any knowledge of your attempted contact, and I qoute:-

    "We have been attempting to contact you and secure a solution to repay the above account for some time and have been un-successful so far."

    You state the "above" account, yet provide little more than an account reference which provides little to no information.

    I query if you even have the right person?, as I have no records of this "supposed" account or any debt that relates to myself.

    I would suggest you check whatever information you have and perhaps cease and desist in sending illicit and speculative emails threatening potential legal action to unconfirmed and in this case random individuals.

    If I receive further correspondence from this email address I will be forced to report it as spam and block this email address.

    Yours Sincerely


    xxxxxxxxxx
  • sourcrates
    sourcrates Posts: 31,555 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Hi clairey01,


    You have received a typical DCA "first contact" email.


    They are specifically worded, like their letters, to get you to make contact with them.


    You've done the right thing, lets see what they come back with.
    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
  • During the past few months I have received three letters from Lantern demanding I pay a debt of £167 to someone I’m supposed to owe it to.
    The letter reached me because the postman obviously knows my surname, as Lantern got my christian name totally wrong and there was no house number on the letter/window envelope. What I find most confusing is that I’m 73 years old and never had a debt in my life except for a mortgage. Of course I have ignored the letters, and will continue to do so.
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