Old pay day loan advice

VillaFan1874

Hello.  I have been written to by the PRA group referring to a pay day loan that goes back 13 years ago, and apparent last payment was 11 years ago!

I have no recollection of this so have asked for evidence.  Is this something that, if true, would have been written off by now as 11 years seems crazy and I have had NO communication from them since this time and certainly the last 9 years.

If there's is evidence, is it likely they will settle at a lesser payment to resolve? 

Any advice would be v welcome 

MorningcoffeeIV

VillaFan1874 said:

I have no recollection of this so have asked for evidence.  Is this something that, if true, would have been written off by now as 11 years seems crazy and I have had NO communication from them since this time and certainly the last 9 years.
 

It wouldn't necessarily be written off, but it sounds as it it's unenforceable.

fatbelly

Ok. See what comes back. There is a 'don't know what it it but it would be statute barred anyway' letter in here

https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act

VillaFan1874

Thanks.  They also wrote to my previous address, which WASNT where I was living during the times given, so this is another question I've asked.  The link mentions 6 years limitation, so does this mean they can't take out a ccj etc if now over this time? They said the last payment was in Dec 13 as well!

sourcrates

They can take legal action and obtain a CCJ, if you fail to defend the claim.

Your defence would be that time has run out to collect on this debt, and it is statute barred under sec 5, limitation act 1980.

To avoid any of that happening, simply send the statute barred letter to them when they respond.

VillaFan1874

They have said...

Date of agreement: 30th March 2011 
Date of default: 12th December 2011 
Date of last payment: 31st January 2013
Last payment amount: £5.00

I do not recall any communication from them or the loan company "pounds to pockets" and most certainly haven't with the last 6 years plus.  Do I ask them for evidence of attempts to contact or straight to the letter? 

sourcrates

The evidence against them, and that your debt is now time barred, is in your post above -

"Date of last payment: 31st January 2013
Last payment amount: £5.00"

The account went statute barred on February 1st 2019 and nothing anyone can do will unbar it, nothing else is of any relevance, proceed straight to the letter.

VillaFan1874

Many thanks @sourcrates much appreciated..

Will get a letter done and sent Monday, and let you know if they dispute !

fatbelly

It's called the hybrid letter in that thread

VillaFan1874

Does the hybrid effectively cover all angles? I ask as the 1st letter seemed apt so want to ensure I send the best one.  Sorry to ask

sourcrates

VillaFan1874 said:

Does the hybrid effectively cover all angles? I ask as the 1st letter seemed apt so want to ensure I send the best one.  Sorry to ask

Yes it denies liability, but also states it would be statute barred anyway, so yes, kills two birds with one stone basically.