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Letter before claim PRAC

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  • Letter before claim PRAC

    Could someone help please so in jan this year received a letter from PRAC/ Bw legal about a debt I allegedly owe for £850 so I sent off the usual prove it letters and email and they replied with we will investigate, your account is on hold ect ect ( I have kept all these and have never admitted liability)
    fast forward to now and I have not heard a thing since no statement of account, no default nothing until yesterday when I get a email from bw legal stating it a notice before action
    how can they take me to court if they have failed to provide me any evidence of the debt belonging to me
    I even checked my credit file and it’s on there but listed as satisfied
    I did some time ago set up reduced payments to some of my creditors which I settled so I think I could of paid this so hence why I asked for proof of the debt ect
    what do I do I really don’t want this to go to court if I can help it
    many thanks
    Tags: None

  • #2
    It’s also due to statute barred in Feb 2020 !!

    Comment


    • #3
      That it is coming up on the 6 years will be why they are threatening court now. Although if you have indeed been paying token payments then, unless there was a clear 6 year break in those,or the last one was over 6 years ago, it won't be statute barred. The 6 years runs from last payment.

      You need to respond to the letter before claim using the reply form.

      Use the reply form to say you don't know if you owe the debt and require more information, then ask for documents... full transactions list, agreement, default notice and notice of assignment.

      Also send, separately, a formal CCA request with a £1.

      And get a SAR off to the original creditor to check what you actually had paid before they sold the debt on.
      Links

      Pre-Action Letters


      CCA Request


      Subject Access Request Letter (SAR)

      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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