Payday loan take me to court letter

[Jojo8888]

A long time ago in 2013 I got into a mess and took out several payday loans.
i have paid these off over the years with amigo, wonga and motormile.

however this morning I received a letter from a debt collection agency entitled ‘Letter of claim’

it says I have a debt with prac financial or payday U.K. can’t work out which one. Thing is I don’t remember having a loan with this company?

i have until 15th October to reply. Or they will issue a country court claim against me, without further notice

What should i be I be asking for to prove this debt is for me? And I did take it out.

if I did take it I will pay obviously but I can’t remember this company at all :-/

Thanks

[Jojo8888]

Sorry need to reply by the 5th October not the 15th and I have to fill in a form they sent me

[Amethyst]

Is this the letter / form you've received ?
https://legalbeagles.info/forums/for...-for-reference

[Jojo8888]

Yes similar but a different company and it is entitled letter of claim

[Amethyst]

Yes but standard letter of claim with reply form ... so yes you need to reply and obtain information from them about the debt.

Box C - I don't know if I owe the debt

Box I - agreement, statements of account, notice of default, notice of assignment, transaction lists to include charges and a calculation of the interest applied.

Don't complete the income/expenditure form.

Also, separately, send a CCA request to PRAC - https://legalbeagles.info/library/gu...etter-example/

And a SAR to payday U.K. ( if you have an address for them ) - https://legalbeagles.info/library/gu...ccess-request/


Also with your other debts have you looked into complaibts for misselling on affordability grounds - have a read https://debtcamel.co.uk/payday-loan-refunds/

[Jojo8888]

Perfect I will do all 3 this afternoon.
thank you for your help.

just 2 quick question as I was googling. On the letter it states the agreement date is 13th May 2018 and the default date is 13th october 2013.

does this mean that if I do end up owing this debt it will be statue barred in a month anyway? Can they still proceed?

Like i I said if they can show me I owe the debt I am happy to pay this. However will this affect my credit record? I don’t have anything with payday U.K. or prac on there at oresent

thanks

[Amethyst]

It wouldn't go statute barred until after October 2019 and it is extremely likely if you ignore the letter of claim they will simply put a claim into court. Saying You don't know if you owe this debt and asking for documents shouldn't constitute acknowledgement of the debt so if they delay issuing a claim you might get there.

I'd hold on to the reply form until near the deadline for your 30 days to respond. They then have 30 days to respond back to you so they have left it to the wire, probably hoping the letter would be ignored. So send your Reply form back, by signed for post on 2nd October so it arrives before the 5th. No point giving them extra time.

Whatever you do they will be aware of the deadline looming so are likely to stick a claim in anyway but doing the reply and keeping a copy of it, and of your posting receipt, will help further down the line too.

Oh also on your credit file, if defaulted October 2013 then it would fall off the credit file October 2019 anyway. Only way it could go back on is if they obtained a CCJ against you. The plan is to not let that happen.

[Jojo8888]

H
i have just prepared the letters to go out on Tuesday, however I was just wondering f I needed to put my signature on these letters and return form. I’m worried about my signature being used for other purposes.

many thanks

[Jojo8888]

Hi

thank you for your help thus far.

i sent both letters and had 2 replies, both from bw legal dates 8th October

the first states they acknowledge my letter and have requested my documents and will be touch

the second dated the same day say enclosed is your credit agreement, we can confirm that our client could not obtain the other requested documents.

it says the document is signed 13th May 2013 however does not state any default date.

would this mean it is statue barred or am I better just paying it?

thank you