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possible statute barred debt
boltoncarer
Posts: 7 Forumite
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.
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Comments
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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 ?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-letter0 -
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 payment0
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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 ?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-letter0 -
Unfortunately I can't remember but it would have been within the month I think. It would have come out of my husband benefit0
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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 ?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-letter0 -
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 case0
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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 refernce0
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They are claiming 473.83 do not work. On benefits In council housing. Have other debts which we are trying to pay0
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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 ?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-letter0 -
Does it look like this :
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-letter0
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