Advice on sending a prove it letter?

RAS

Is this headed Letter before Action?

sourcrates

The first step in the civil procedure rules for debt is a "letter before action" a document that requires you to fill it in and return within 30 days, is that what you have received?

Actually I`m betting that it isn`t, given that they want a response before the 28th, they know full well they have not responded to your prove-it letter, so are now trying to up the ante.

The LBA has a tick box for "more information" about the debt, which is something they are having trouble with supplying, so to bypass that, I bet they have just sent a normal letter, with the threat of a claim form next, cheeky so an so`s.

This is typical of Reston`s as they know it will be statute barred in two months, so a deliberate attempt by them to get a claim in before that happens.

Macka09

This is just a standard letter asking repayment or go on their website so I haven’t got to speak to anybody. 

At the bottom it just says if they don’t hear from me by the 28th, they are instructed to send a letter of claim. 

RAS

Well, that can be another word for Letter before Action or not.  But if they send back a Letter before Action, your defence is that they haven't responded to your prove it letter. Do come back for advice because it need dealing with promptly.

Macka09

As Interum didn’t respond to my prove it letter, can’t they just say they never received one?

Dma76

Macka09 said:

As Interum didn’t respond to my prove it letter, can’t they just say they never received one?

Not if you sent it recorded deilvery and have receipt they received it. If in doubt send it again recorded, keep the clock ticking.

Macka09

Dma76 said:

Macka09 said:

As Interum didn’t respond to my prove it letter, can’t they just say they never received one?

Not if you sent it recorded deilvery and have receipt they received it. If in doubt send it again recorded, keep the clock ticking.

I didn’t send it recorded delivery unfortunately. If I send it again who do I send it to, Intrum, Resolvecall or Restons? I sent it to Resolvecall before. 

Macka09

So is the overall consensus here to wait for the next letter or to send another prove it letter? 

Sorry to be a pain folks 

Macka09

Am I right in thinking that a debt becomes statute barred from the date last payment or communication was made rather than the default date??

sourcrates

Macka09 said:

Am I right in thinking that a debt becomes statute barred from the date last payment or communication was made rather than the default date??

Other way around, the cause of action date is now deemed to be around the time the default notice was sent, this has been clarified by the appeal court to be the date of default, in the majority of cases.