solicitor fails to respond in good time

[warwick65]

Re: solicitor fails to respond in good time

The problem is I think, you are unlikely to get any San tin for them delaying. Certainly not a line of defence

[Guest]

Re: solicitor fails to respond in good time

[QUOTE=Diana M;763923]Did that solicitors’ letter name the pay day loan company even if you have no recollection of doing business with them?
/QUOTE]

I wonder how often DJs have people claiming no recollection of doing business with debtors?

It's a sad world!!

[Amethyst]

Re: solicitor fails to respond in good time

Morning fido,

The specific pre-action protocols for debt only came in to being in October this year, it sounds like Moriarty can still rely on the original LBA sent in July as they have been obtaining requested paperwork and corresponding since then.

If you have no recollection of this payday loan company or loan at all then you need to check whether it is actually a loan you had or if it is a case of identity theft or mistaken identity. It's not unheard of when it comes to online applications for payday loans.

So, Does the debt show on your credit file at all ?

Does the credit agreement show your details ( it should show your name and address , although with reconstructed documents this could be added in to a standard template - so then look at whether it is the correct address at the time they state the agreement was signed ) Online forms also record IP Addresses, which can be useful ( although many on the payday aps will be mobile IPs which isn't that helpful )

The statement of account should show transactions on the account - including payments - most PD loans are paid by DD or card - so you could check back through your bank statements to see if the same payments left your account. You should also be able to see the original payment in to your account.

You could also check back through emails to see if you received any confirmation from the lender originally.

Then, if it still seems not to have been your debt, you can go back to Moriarty with that evidence and inform them it's not your debt.

MMF and Moriarty deal with a lot of debts from a variety of payday lenders, and many of those are 'A company t/as trading name' Instant Cash Loans are a big one who trade as numberous companies - Payday Express, PaydayUK, Moneyshop, Ladder Loans and so on.

Submit a Subject Access Request to the alleged original creditor to see what they actually hold.

Otherwise if you figure out it was your debt originally and if you feel it is applicable you could look at an unaffordability or misselling claim.

I wonder how often DJs have people claiming no recollection of doing business with debtors?

Sadly quite a lot as many of the firms wait until the cusp of being statute barred before going through court, and a lot happens in six years.... plus there's an awful lot of ID theft and companies mis identifying debtors through quite poor tracing services.

If you don't recognise the debt you have to bring it into as much doubt as you can, with as much 'negative' evidence as possible and put the claimants to strict proof it was you. If it was suspected to be ID Theft a police report will be needed too.

[fido69r]

Re: solicitor fails to respond in good time

Thank you Amethyst, for that very comprehensive bit of advice....and everyone else...I will do some data trawling, as it was a long time ago, and I'm not even with that bank (that they supposedly deposited it into) anymore...5 years ago to be precise.
By the way, what is the unaffordability or mis-selling claim route anyway? sounds interesting.