Letter of Claim

I received a letter of claim, which I responded to in the correct time frame. I disputed the amount owed, sent in documents to support my dispute and gave them a proposed payment schedule in which I would be paying back only the money I owed. I asked for them to write back either agreeing to this, or with proof I owe the amount they say.

I know that I had 30 days in which to reply to them, but do they have any timescale in which they need to respond?

Thanks.

Comments

  • OK A bit more detail please, who? how much? any more debts?
    That would help us for a start.
    If you go down to the woods today you better not go alone.
  • Niennamarie
    Niennamarie Posts: 19 Forumite
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    edited 15 May 2023 at 11:03AM
    The original debt was with Avant Credit. I successfully won a claim against them through the FOS for unfair lending and only had to repay what I had been lent. This makes working out how much I owe easy to calculate because no interest should have been added. The last communication I have from Avant was them confirming I still owed £649. I made further payments since then and I calculate my remaining debt to be £452.

    The debt was later sold to Asset Collections but they claimed I owed £1600. I disputed this and chased the result of the investigation for 9 months. I also stopped paying while the investigation was ongoing. At some point, the amount I owed changed to £670, which I queried because the amount still wasn’t correct, but they told me the investigation was still ongoing. 

    They never updated me on the results and after 9 months I stopped chasing it, and mostly forgot about it (this was back in 2017) Until of course, the letter of claim came through, I’m presuming because it’s about to become statute barred.
  • Niennamarie
    Niennamarie Posts: 19 Forumite
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    Oh, and any other debts have all been paid off.
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    That`s a brilliant, concise, clear response to the question above, nice to see.

    You have basically done all you can do for the time being, there is a rush on these claims at present as new guidelines on the chasing of statute barred debts comes into force in July, hence all the current activity, the debt purchasing companies are trying to offload all the dodgy accounts they have bought, knowingly to be statute barred or disputed in some way.

    I would say if it comes down to the claim being heard by a judge, you have a more than adequate defence to the claim.

    I think it`s a case of wait and see what happens next.
    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
  • Niennamarie
    Niennamarie Posts: 19 Forumite
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    edited 15 May 2023 at 5:30PM
    Thank you for replying. So there isn’t any timescale in which they need to respond with the documents I requested? You think they might ignore that and take me straight to court? I’m just a bit worried as they basically ignored the dispute I raised last time, that they will do the same again and we’re going to carry on in this cycle. Can that happen?
  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    edited 15 May 2023 at 7:12PM
    When did they send you the LBA ?

    There are Pre-action protocols, set out in Practice Direction.

    Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to -


    (a) understand each other’s position;

    (b) make decisions about how to proceed;

    (c) try to settle the issues without proceedings;


    The defendant (you) has 30 days in which to respond to the LBA, I have looked at the civil procedure rules but cannot find a time frame for the claimant to respond to your submission, unfortunately. 

    It will end for sure once the account reaches limitation, as that is a full defence to any future claim.

    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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