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Advice on sending a prove it letter?

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Comments

  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    Macka09 said:
    I am about to send the papers back recorded delivery tomorrow. I have requested more info about the debt. 
    I assume this will act as proof that I’m acknowledging the debt?
    I don’t know of any other options. 
    This LBA is the first stage of legal action, so whether the debt is now acknowledged is irrelevant as they have started legal action within 6 years of the debt defaulting, just, so you can no longer rely on a statute barred defence, its that simple I`m afraid.

    You have to now comply with the court process.
    If this has started a legal process surely the letter should be from the courts??
    This is the wording on the info sheet. 

  • ManyWays
    ManyWays Posts: 1,232 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Legally a LBA is not part of the court claim process, but it is the debt pre-action protocol that people going to court have to comply with, see https://www.justice.gov.uk/documents/debt-pap.pdf

    It is dangerous to ignore this as it's likely to end up with a court claim very soon. 

    Sending back an LBA doesn't acknowledge the debt unless you tick Box A or B on the reply form. Box C says you are unsure if you owe the debt and Box D says you dispute you owe the debt. 


  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    ManyWays said:
    Legally a LBA is not part of the court claim process, but it is the debt pre-action protocol that people going to court have to comply with, see https://www.justice.gov.uk/documents/debt-pap.pdf

    It is dangerous to ignore this as it's likely to end up with a court claim very soon. 

    Sending back an LBA doesn't acknowledge the debt unless you tick Box A or B on the reply form. Box C says you are unsure if you owe the debt and Box D says you dispute you owe the debt. 


    Thanks for the reply. 

    I was going to reply with ticking the box asking for more info? I was unsure whether I should tick any other box and whether I should sign it?

    thanks again
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    Looking at the link you’ve sent through, I am able to send back the letter asking for more info without filling anything else in. Is that correct?
    Also, what document should I be requesting, statements, initial contract, interest paid?
    thanks
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 12 March at 11:05PM
    Hi guys
    in the paperwork I’m sending back should I be making an offer of payment?
    I have only ticked the box for more info and filled in the income and outgoing forms. 
    Thank you. 
  • sourcrates
    sourcrates Posts: 31,378 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Yes, that would seem appropriate here.
    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
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    Well guys. 
    I sent the form back with recorded and signed delivery and as yet I haven’t heard anything, not even an acknowledgment of my letter?
    Do I need to contact them to confirm that they have them do you think?
    Thanks. 
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 21 March at 11:13AM
    Hi folks

    Any input in regards to whether I should contact these people?

    I can see they received my letter on the 14/03 and as yet I haven’t heard anything back. 

    Should I give these guys a call?

    I only have to the 26/03 before court proceedings start.  

    Thanks
  • Macka09
    Macka09 Posts: 91 Forumite
    Fifth Anniversary 10 Posts Name Dropper Combo Breaker
    Just another bump here as I’m worried that I haven’t heard from these guys as yet. 

    I’m unsure what the next step should be. 

    As previously mentioned I did send the forms back recorded delivery so I know they have been delivered. 

    Any advice on what to do next would really help put my mind at ease?

    Thanks again to everyone that has offered advice. 
  • sourcrates
    sourcrates Posts: 31,378 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Nothing you can do, wait until you hear from them.

    Just get on with your life, and matter`s will take their own course.
    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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