Need some guidance on responding to bwlegal

Hi all, I received a letter of claim today from BWLegal threatening a CCJ if I don't respond within 30 days.

They name their client as PRAC Financial, and the original creditor as The Money Shop.

I genuinely can't remember taking out this loan with The Money Shop, or owing them money. The last time I set foot in The Money Shop was in 2012, possibly even 2011. I always remember paying my debt off there and so I find this outstanding balance confusing. It's a relatively low amount, around 200 pounds.

The above also leads me to think this debt may be statute barred. Although I am not clued up on any of this so I don't know for sure. If I send them a letter asking them to prove the debt, is that acknowledging the debt? Is there a safe way to contact them and ask for proof. I don't mind paying if I'm liable and they can prove it, but I'm genuinely not sure I am.

Any help or guidance is much appreciated.

Comments

  • sourcrates
    sourcrates Posts: 28,723
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    Take this LBA seriously, it’s the first step in the legal process.

    I would be tempted to go straight in with the statute Barred letter, fill the form in they have sent you, tick defend in full, under sec 5 limitations act.

    Puts the ball in their court, so they will have to prove otherwise.
    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
  • HNDRXX
    HNDRXX Posts: 5 Forumite
    I'm definitely taking it seriously, hence this topic and research. I really don't want a CCJ on my file.

    To be clear, If I send them a letter saying it's statute barred straight away that doesn't affect anything? Even if I'm not completely sure it is statute barred.

    I don't want to make anything worse.
  • sourcrates
    sourcrates Posts: 28,723
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    HNDRXX wrote: »
    I'm definitely taking it seriously, hence this topic and research. I really don't want a CCJ on my file.

    To be clear, If I send them a letter saying it's statute barred straight away that doesn't affect anything? Even if I'm not completely sure it is statute barred.

    I don't want to make anything worse.

    What does the letter you received say ?

    Is there a list of options ?

    For example an option to dispute the debt ?

    If you prefer, send the provit letter, it’s specifically worded so as not to acknowledge the debt.
    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
  • fatbelly
    fatbelly Posts: 20,380
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    It's a pre-action protocol letter I think.

    There's guidance here

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

    which I would follow. See what comes back. Don't start firing letters off separately from the pre-action protocol.

    Unfortunately it is now going to be more difficult to get a statute barred decision following Doyle v PRA group.
  • fatbelly wrote: »
    It's a pre-action protocol letter I think.

    There's guidance here


    which I would follow. See what comes back. Don't start firing letters off separately from the pre-action protocol.

    Unfortunately it is now going to be more difficult to get a statute barred decision following Doyle v PRA group.

    Thank you.

    I have decided to respond and ask for further information, including a written agreement and full statement of account.

    Annoyingly the cover letter seems to have been lost while I was sorting through my files. Does anybody know the exact address I should be sending the reply form back to from BWLegal?
  • sourcrates
    sourcrates Posts: 28,723
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    HNDRXX wrote: »
    Thank you.

    I have decided to respond and ask for further information, including a written agreement and full statement of account.

    Annoyingly the cover letter seems to have been lost while I was sorting through my files. Does anybody know the exact address I should be sending the reply form back to from BWLegal?

    Google brings up this address :

    Enterprise House,
    1 Apex View,
    Leeds
    LS11 9BH
    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
  • Hello everyone,

    I responded with the advice given to me above. I requested more information and they responded saying they would look into it, and then didn’t reply again. That was February this year.

    It’s now October and they have sent an almost identical letter they sent in the first place, a letter before action, giving me the same options as before. What’s also confusing is that the original lender are also in contact with me separately about compensation for irresponsible lending.

    What should I do? Should I send them the same response back asking for the additional information that I never received the first time?

    Thanks in advance for help.
  • fatbelly
    fatbelly Posts: 20,380
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    Yes, I don't think you should ignore a pre-action protocol letter so I'd do exactly the same as you did before.
  • HNDRXX
    HNDRXX Posts: 5 Forumite
    Thanks. As advised I will send them a letter of reply requesting more information again.
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