possible statute barred debt

boltoncarer

Hi all. New to the site. Received a letter from BW legal this morning. This is for a debt going back to 30/6/2012. Due to circumstances just after this date debt was not paid. Moved in September of same year to our current address. They say I have until 16th August to reply otherwise they will issue a county court claim. Need some advice.

sourcrates

Hi,


Always best to start a new thread, otherwise confusion tends to reign.

So I have moved this to a new thread for you.


Right, some questions....


What type of debt was it ?

When did you last make payment ?

boltoncarer

It was a payday loan from the money shop. Never made a payment. Due to circumstances about 3 weeks later never even made the first payment

sourcrates

boltoncarer wrote: »

It was a payday loan from the money shop. Never made a payment. Due to circumstances about 3 weeks later never even made the first payment

So on what date sould your 1st contractual payment have been ?

boltoncarer

Unfortunately I can't remember but it would have been within the month I think. It would have come out of my husband benefit

sourcrates

boltoncarer wrote: »

Unfortunately I can't remember but it would have been within the month I think. It would have come out of my husband benefit

So assuming 1st payment should of been 30th July 2012 then, it would go statute barred possibly on 30th July this year, however if they issue a claim form before then, and the process has already started with the letter you received today, you will be unable to use the Limitations act as a defense.


How much are they claiming from you, do you work, homeowner/rent ?


Do you have other debts ?

jimbo26

The timeline is tight. As it appears you have never paid or a knowledged the debt in the last six years it could be statute barred. It will be six years after the account was defaulted. There are other scenarios, but doesn't look like they will be relevant in your case

boltoncarer

The letter says if payment or a response is not recei Ed by 16th August they are instructed to issue County Court claim without further refernce

boltoncarer

They are claiming 473.83 do not work. On benefits In council housing. Have other debts which we are trying to pay

sourcrates

boltoncarer wrote: »

The letter says if payment or a response is not recei Ed by 16th August they are instructed to issue County Court claim without further refernce

Is it entitled "Letter before claim" ?


I suspect it will be, is there a questionnaire to be filled in ?

sourcrates

Does it look like this :