Advise on Statute Barred please

DanF2019

And then 2 days later -

This notice is being sent to you as required by the Consumer Credit Act 1974 because you are behind with the sums payable under your loan agreement.

If you have already made payment arrangements for the loan, please disregard this email.

Please view the Office of Fair Trading Arrears publication, attached, which describes your rights and responsibilities

Date: 10/06/2013

Dear

Customer ID#:
Loan ID#:
Funding Date: 03 May 2013
Loan Amount: £1050.00


Payments Past Due:


Due Date: 03 May 2013
Amount In Default: £321.75


Due Date: 05 June 2013
Amount In Default: £1371.75

The above loan from QuickQuid is overdue. Because your loan is overdue, your customer status has been changed to "In Default".

sourcrates

Please remove all personal details before posting in future.

fatbelly

If they were paid by continuous payment authority from your debit card, then that would count as acknowledgement. Can you check if those payments are genuine?

sourcrates

Default sums, are different to a default notice, its basically a reminder you are behind with your payments.
A default notice gives you 14 days to bring your account into line, otherwise a default may be registered on your credit file.

DanF2019

Would be difficult. It was from a Halifax account, which is now closed....

Does it matter that these are interest payments taken without my knowledge, and not actual payments towards the debt?

sourcrates

DanF2019 wrote: »

Would be difficult. It was from a Halifax account, which is now closed....

Does it matter that these are interest payments taken without my knowledge, and not actual payments towards the debt?

If they were taken by CPA (Continuous/Constant payment authority) you gave your permision when you took out the loan, as Fatbelly has suggested, so that may complicate things yes.


Thanks to foxtrotoscar for pointing out my incorrect use of the word "constant" in this post, when infact it should have read "Continuous", i have edited my post accordingly to show the correct wording, but i`m sure the OP got the jist of what i was reffering too.

DanF2019

Okay, so need a solution.

The letter is from Wilkin Chapman Solicitors.

Would you recommend;

1 Call them and making an offer
2. Wait and see if they take court action
3. Argue against liability i.e they took the money after i withdrew the CPA.

Willing2Learn

What does the Wilkin Chapman Solicitors letter say? Is it Pre Action Protocol as described in the link I provided earlier?

sourcrates

You could stall things for a while by making a section 77/79 CCA request for information about your credit agreement, give yourself some time to evaluate your position, I think your statute barred defence may be flawed at this stage.

It would have been an online application, some creditors are even worse at keeping electronic records than they were paper ones.

DanF2019

Lantern Debt Recovery Services Limited v Yourself

We refer to your recent correspondence to us dated the 11th June 2019.

We note that you have advised that this account is statute barred. We can confirm this matter relatesto a Quick Quid Payday Loans loan under the original reference of ******. The account originates from 29h March 2019 for a balance of £1,050,00. The outstanding balance on the account was purchased by our client on the 20th December 2017.

Please find attached a copy of the consumer credit agreement between yourself and Quick Quid Payday Loans Ltd. We have also provided statements relating to the account.

You will note the last payment received for this account was in 11th February 2014. As you have made payments to this account within the last year we can confirm that this account is therefore not statute barred.

In view of the above information provided, we now require payment of the balance in full within thirty days of the date of this letter. Should you be unable to make payment in full on the account we are happy to discuss a repayment arrangement with you but will require the attached personal financial statement be completed to ensure any offer is affordable and sustainable. Alternatively, you can telephone 01472 253965 to complete this information over the phone. Should you continue to dispute the account we will require details of your dispute in writing within the same timescale

We look forward to receiving your payment or response by the 17th July 2019. If a response is not received within the stipulated timescale we can confirm our client will commence with legal action against you. This will incur charges on the account in which you will be liable for and may result in a County Court Judgment being obtained against you.