Advise on Statute Barred please

DanF2019

Hello, I'd appreciate any advice please.

I had been receiveing emails from Lantern for an aged debt to Quickquid. Initially I ignored them as I kinew the debt would become statute barred soon enough. And then back in June I received a letter threatening court action.

I sent them the prove it letter and recevied a reposnse which they calim proves the debt isn't statute barred.

Within the pack they have a list of transactions as follows;

29/03/2013 Principal £700.00 debit
29/03/2013 Interest £206.50 debit
19/04/2013 Principal £300.00 debit
19/04/2019 Interest charges £103.25 debit
03/05/2013 Interest charges £309.75 debit
04/05/2013 Late Fees Assessed £12.00 debit
07/06/2013 Late Fees Assessed £12.00 debit
26/07/2013 Interest Payment Received £35.01 credit
26/07/2013 Late Fee Payment Received £12.00 credit
15/08/2013 Interest Payment Received £47.01 credit
13/09/2013 Interest Payment Received £47.01 credit
11/02/2014 Interest Payment Received £32.26 credit

The thing is, I didn't make these payments as they must have taken them without my knowledge using CPA.

Also as they are interest charges would this still count as a payment within the 6 year timeframe.

Thank for any adivce.

Willing2Learn

Hi and welcome to the forum

What date was the account defaulted? (The default date will be recorded on our credit files.)

DanF2019

Thanks!

The debt isn't recorded on my credit file and I cant find any default date on the correspondence

sourcrates

DanF2019 wrote: »

Thanks!

The debt isn't recorded on my credit file and I cant find any default date on the correspondence

Which may suggest the account defaulted early in 2013, and has subsequently dropped off your credit file.

Willing2Learn

Have you checked all three credit files for the default date? I only ask because the statute barred clock starts ticking from the 'cause of action'. The default date would be considered the 'cause of action'.

Also, what exactly was the threatening letter you received from Lantern in June? Was it a 'Pre Action Protocol' letter and forms? Does the letter and attachments look the same as those in the video linked below?
https://www.stepchange.org/debt-info/ccj/court-claim-form-process.aspx

sourcrates

A recent case in the appeal court has decided that the "cause of action date" on loans and credit cards, should now be regarded as the date of default, or, the date the original default notice expired, usually one and the same.

Payments made by a 3rd party without your permision or knowledge do not count as acknowlegement by you.

Lantern (who used to be Motormile Finance) have a reputaion for attemping collection of statute barred debts, and also for putting forward pretty rubbish arguments as to why a debt may not be statute barred.

DanF2019

I don't think its ever been on there,....

I need to know if the interest payments they have taken from me unwittingly would count as a payment within the limitation period. As if they do, I assume I am still liable.

DanF2019

So i have checked my emails from quick quid and the first "Notice of Default Sums" was on the 8th June 2013

DanF2019

Would you suggest I email them with this info and state that the payments were taken without my knowledge?

If so would yoiu know if there is a letter template for this or similar?

sourcrates

DanF2019 wrote: »

So i have checked my emails from quick quid and the first "Notice of Default Sums" was on the 8th June 2013

What does the email say ?

DanF2019

Sat, 8 Jun 2013, 00:03
to

This notice is being sent to you as required by the Consumer Credit Act 1974 because default sums have been assessed against this loan. This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain unpaid.

Dear

Customer ID#:
Loan ID#:

The above loan from QuickQuid is overdue. As a result of your returned debit on the due date, we have assessed the following default sums against the loan:

Date Incurred: 08 June 2013
Details: Dishonour Fee
Amount: £12.00

These default sums have been assessed because the payment below was not met on the due date:

Loan ID#: 6875052
Funding Date: 03 May 2013
Loan Amount: £1050.00
Due Date: 05 June 2013