30 day notice of intention to court proceedings

MaxH1991

Hi,

As the title says, I have received a letter advising of a DCA's 30 day notice before issuing court proceedings.

This was re. payday loans taken out in 2018. The payday loan company itself provided a redress of the whole amount, however, due to insolvency, I got pennies to the pound, (roughly £36 got refunded to me).

This debt was purchased by a DCA before this time, and they are saying as the debt was purchased by them, any redress is irrelevent.

Does anyone have any advice here? Can't see how it's fair that the original lender has ruled it affordable lending and 'written' it off, yet I still owe it to another company?

Brie

You might try Debt Camel for information.  I can't see anything on the website but if you ask your question there you're likely to get a reply.

How to get a payday loan refund · Debt Camel

DjangoUnchained

sounds like nonsense to me. if you got redress then if they've bought the debt its their problem. id attend court if it got that far, which i doubt. 

fatbelly

It sounds like the sort of complex case that they wouldn't actually like to debate in court. They are hoping you just pay up.

You must respond to the form.

https://debtcamel.co.uk/letter-before-claim-ccj/

MaxH1991

Thanks guys, I've asked them to send me evidence of the debt in the first instance (they actually tried this two years ago, and responded saying the account is on hold, whilst they get this info). They didn't send it, and fast forward 2 years, have issued another notice.

So hopefully it is just another threat... Will update this post if it's not!

sourcrates

This sounds like an LBA and you must respond to the letter within the timeframe allowed.

Do not wait or ignore it, fatbelly provides the link to specific advice above.

RAS

MaxH1991 said:

Thanks guys, I've asked them to send me evidence of the debt in the first instance (they actually tried this two years ago, and responded saying the account is on hold, whilst they get this info). They didn't send it, and fast forward 2 years, have issued another notice.

So hopefully it is just another threat... Will update this post if it's not!

Please do what fatbelly and sourcrates advise.

If this is a letter before action and you don't reply within the time limit, you could get a CCJ by default.

Asking for proof is not the same as telling them you don't owe the money.

MaxH1991

RAS said:

MaxH1991 said:

Thanks guys, I've asked them to send me evidence of the debt in the first instance (they actually tried this two years ago, and responded saying the account is on hold, whilst they get this info). They didn't send it, and fast forward 2 years, have issued another notice.

So hopefully it is just another threat... Will update this post if it's not!

Please do what fatbelly and sourcrates advise.

If this is a letter before action and you don't reply within the time limit, you could get a CCJ by default.

Asking for proof is not the same as telling them you don't owe the money.

Thanks for the advice, I didn't realise this. They actually sent me an attachment via text , as they have my old address still (i assume they sent the letter to the old address too, as it shows on the pdf version). So am I right in thinking I need this issued to my correct address, and then respond disputing the debt?

What if they respond saying the issue is on hold, should i not take their word for that?

DjangoUnchained

if it is a letter before action then it has to be responded to as said above, but im not convinced it is a LBA, needs to be checked vis debt camel or similar.

MaxH1991

DjangoUnchained said:

if it is a letter before action then it has to be responded to as said above, but im not convinced it is a LBA, needs to be checked vis debt camel or similar.

Thanks. I think it is, as theyve sent the forms that can be filled in and returned (dispute, acknowledge etc). They have again emailed me today saying it's put back on hold whilst they get the evidence from the creditor (....) , however, there is a template of the return form on debt camel, which i will return anyway to be on the safe side.

Thanks for the advice people.

DjangoUnchained

MaxH1991 said:

DjangoUnchained said:

if it is a letter before action then it has to be responded to as said above, but im not convinced it is a LBA, needs to be checked vis debt camel or similar.

Thanks. I think it is, as theyve sent the forms that can be filled in and returned (dispute, acknowledge etc). They have again emailed me today saying it's put back on hold whilst they get the evidence from the creditor (....) , however, there is a template of the return form on debt camel, which i will return anyway to be on the safe side.

Thanks for the advice people.

sounds like the real deal.  also sounds a bit of a bluff re waiting for evidence from creditor. I think you should return all the forms as required and on time, then i think there is a good chance they will back off as they wont get any evidence but hope you will fold. good luck.