Help with response to letters for BPO & BW Legal

Hi all,

After more great advice on top of what I have already received from here.

First issue:
I sent a bog standard prove it letter to BPO Collections this month (using template from either here or National debt line). Apparently they now own a debt from Motormile Finance/Lantern. I think I took a payday loan out in 2011/12 with CFO, who went bust, debts purchased by Motormile, who changed names to Lantern, who have assigned this to BPO. It becomes very confusing to keep track of name changes and who owns who.
Anyway the letter I received back states (amongst the usual twaddle):
"BPO collections and Latern do not acknowledge the unilateral terms and conditions and time frames that you have outlined in your correspondence. Nor do we agree to any such conditions or fee schedules received from you in the future"
" Your correspondence appears to be based on forum templates widely available on the internet. Should you have any concerns about your account then please advise us of these and we would be happy to look into these. Please be advised that failure to address the outstanding balance could affect your credit file."
"Within your correspondence you have required that we provide you with a variety of information and documents including the names of individuals within the organisation and then names of agencies working on Lantern behalf in terms of your account. There is no requirement for Lantern to provide the documents you ave requested. Nor are the reasons for you requesting this information clear."
"We are unable to supply you with a copy of the deed of assignment as this account was purchased as a part of a bulk of accounts and there fore assignment will hold personal data in relation to our other customers. However, you were sent an email of assignment on 17th May 2018 notifying you that BPO Collections would contact you regarding the outstanding balance on your account."

What should be my next step? Basically they are refusing the prove anything if I'm reading that right. I've checked my credit file (3 different agencies) and if there was anything on there from CFO/Motormile/Lantern/BPO it isn't on there anymore. I don't ever recall paying anything to any of these companies or speaking to them.

Second issue:
I sent a Statue Barred letter to BW Legal in regards to a PRAC/PayDayLoans debt. Again it was from a template from either here or the National Debt Line. They have replied back with the following:
"Our client has advised the loan was taken out on February 10th 2012 and the default date was April 10th 2012.
We trust this now concludes any outstanding queries you had raised with ourselves. It is important that you now contact us in order for us to discuss an affordable payment arrangement.
Failure to contact us within 14 days may lead to the following:
Further collections activity or
Further legal action."
Followed by the usual how to pay stuff.

Firstly, they have the dates wrong as my credit file states that it was started on 10/01/2012 and the default registered 1/7/2012.
Secondly they already sent a letter of claim for court action in November last year but never followed it up (I foolishly didn't reply at the time due to ignorance on my behalf).
I haven't paid a bean or acknowledged debt.
So this is statue barred right? How should I respond or should I even bother? I'd like to put something to them that draws the matter to a close, but I thought the SB letter was meant to do that?

Thanking you in advance.

Comments

  • sourcrates
    sourcrates Posts: 31,069 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 27 June 2018 at 1:48PM
    Hi,

    Looks like you went overboard asking BPO for lots of things they have no requirement to provide you with, and the actual request for evidence has got lost in translation.

    Write back, say your raising a dispute, and simply ask for evidence of your liability for the debt, clear and simple for the avoidance of doubt.

    Second problem, old DCA trick using the defaul date as the cause of action date, when in reality it should have been the date of your last missed payment, again, write back and correct them, assuming of course no CCJ was granted ?
    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
  • SD18
    SD18 Posts: 19 Forumite
    sourcrates wrote: »
    Hi,

    Looks like you went overboard asking BPO for lots of things they have no requirement to provide you with, and the actual request for evidence has got lost in translation.

    Write back, say your raising a dispute, and simply ask for evidence of your liability for the debt, clear and simple for the avoidance of doubt.

    Second problem, old DCA trick using the defaul date as the cause of action date, when in reality it should have been the date of your last missed payment, again, write back and correct them, assuming of course no CCJ was granted ?

    Well going on either default date still means that it should be statue barred now. Hence why I sent the SB letter.
    Should I not just write back saying again that this debt is now statue barred. And no, there wasn't a CCJ issued.
  • sourcrates
    sourcrates Posts: 31,069 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    SD18 wrote: »
    Well going on either default date still means that it should be statue barred now. Hence why I sent the SB letter.
    Should I not just write back saying again that this debt is now statue barred. And no, there wasn't a CCJ issued.

    That’s as good a position to take as any, you say it is, they say it isn’t, only a court can decide one way or another.
    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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