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  • FIRST POST
    • MarkN88
    • By MarkN88 6th Jul 18, 4:00 PM
    • 85Posts
    • 38Thanks
    MarkN88
    Pay Day Loan
    • #1
    • 6th Jul 18, 4:00 PM
    Pay Day Loan 6th Jul 18 at 4:00 PM
    I have received an email from Lantern UK regarding a payday loan I had taken with Quid Quid.

    I canít remwmber the exact date but would of been around about 2010/11 and this is the first time Iíve had any mention of it for years.

    They say if I donít respond within seven days action will be taken.

    At the moment Iím onJSA so couldntafford much anyway but should Ijusg propose a payment plan or something else?
Page 1
  • National Debtline
    • #2
    • 6th Jul 18, 4:05 PM
    • #2
    • 6th Jul 18, 4:05 PM
    Hi MarkN88,


    If this was taken out around 2010/11 then this may be statute barred, depending on when you last made any payments towards this and what has happened since then.


    There is a piece of legislation called the Limitations Act 1980 that does state, if there has been a 6 year block of time since the debt fell due, with no written acknowledgement or payment to the debt and no county court action started, then the debt may no longer be enforceable through the county court and becomes known as Statute Barred.


    The 6 year clock starts from when the first payment was due and missed or from when the last payment was made or from when the last written acknowledgement was made - whichever is the later.


    If you think this applies then you could write to Lantern UK using this letter - https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • macman
    • By macman 6th Jul 18, 4:05 PM
    • 41,997 Posts
    • 17,457 Thanks
    macman
    • #3
    • 6th Jul 18, 4:05 PM
    • #3
    • 6th Jul 18, 4:05 PM
    You don't say if you actually owe the debt? If not, why would you agree a payment plan?
    If you do, then a debt from 2011 will now be statute barred, if you haven't admitted it or made any payments in 6 years.
    No free lunch, and no free laptop
    • MarkN88
    • By MarkN88 6th Jul 18, 4:10 PM
    • 85 Posts
    • 38 Thanks
    MarkN88
    • #4
    • 6th Jul 18, 4:10 PM
    • #4
    • 6th Jul 18, 4:10 PM
    Yeah I!!!8217;m not disputing it at all.

    I!!!8217;m fully honest and do owe it.

    I can!!!8217;t wver remember paying anything, would details show on my credit report to check this?

    Should I just send that letter and see what is said?
    • sourcrates
    • By sourcrates 6th Jul 18, 4:55 PM
    • 14,572 Posts
    • 13,711 Thanks
    sourcrates
    • #5
    • 6th Jul 18, 4:55 PM
    • #5
    • 6th Jul 18, 4:55 PM
    Send the letter linked to above by National Debtline.

    They are just chancing there arm after so long, they will know theres a good chance its statute barred, and are hoping you do not.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • MarkN88
    • By MarkN88 6th Jul 18, 4:57 PM
    • 85 Posts
    • 38 Thanks
    MarkN88
    • #6
    • 6th Jul 18, 4:57 PM
    • #6
    • 6th Jul 18, 4:57 PM
    Thanks would it be okay to send by email or should I do it via Royal Mail?
  • National Debtline
    • #7
    • 6th Jul 18, 5:02 PM
    • #7
    • 6th Jul 18, 5:02 PM
    Hello again MarkN88,


    The debt will show on your credit file for 6 years from the date of default, which doesn't have any bearing on the limitations act so, unfortunately, wouldn't really help here.

    If you believe the limitations act applies to this debt then send them the statute barred letter it will be up to the debt collector to prove that the limitations act doesn't apply (as opposed to you needing to prove that it does). If they cannot prove the debt is not statute barred but continue to ask you for payment then you can make a complaint on the basis of harassment and escalate it to the ombudsman.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • MarkN88
    • By MarkN88 6th Jul 18, 5:24 PM
    • 85 Posts
    • 38 Thanks
    MarkN88
    • #8
    • 6th Jul 18, 5:24 PM
    • #8
    • 6th Jul 18, 5:24 PM
    Okay thanks for that. I recently checked out one of the free credit report sites and it!!!8217;s deffo not on there so I!!!8217;m going to send the letter.

    I!!!8217;m inclined to submit this through email and obviously keep the email in my sent box as the email they sent me said I could contact them via email and this avoids giving my address as I!!!8217;m not sure if they have it because they also say I failed to respond to earlier correspondence but I haven!!!8217;t received any other emails or letters.
    • sourcrates
    • By sourcrates 6th Jul 18, 5:50 PM
    • 14,572 Posts
    • 13,711 Thanks
    sourcrates
    • #9
    • 6th Jul 18, 5:50 PM
    • #9
    • 6th Jul 18, 5:50 PM
    Okay thanks for that. I recently checked out one of the free credit report sites and it!!!8217;s deffo not on there so I!!!8217;m going to send the letter.

    I!!!8217;m inclined to submit this through email and obviously keep the email in my sent box as the email they sent me said I could contact them via email and this avoids giving my address as I!!!8217;m not sure if they have it because they also say I failed to respond to earlier correspondence but I haven!!!8217;t received any other emails or letters.
    Originally posted by MarkN88

    Yes you can send by email, they will still usually action your request.


    Keep us updated.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • MarkN88
    • By MarkN88 6th Jul 18, 5:55 PM
    • 85 Posts
    • 38 Thanks
    MarkN88
    Yeah I!!!8217;ve sent the email.
    Got a reply saying my account has been placed on hold and I should receive a reply within five working days.

    I!!!8217;ll keep you informed.
    • MarkN88
    • By MarkN88 11th Jul 18, 11:37 AM
    • 85 Posts
    • 38 Thanks
    MarkN88
    Just a waiting game now.
    I received the following email today...

    Thank you for your recent communication in relation to the above referenced account numbers.

    Our investigations may involve liaising with the original creditor or previous owner of the debt which can take some time. We will aim to respond to you with our findings within 30 days from the date of this communication. If further time is required, we will notify you accordingly.

    Your account has been placed on hold until we have concluded our investigations.
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