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URGENTLY need advice re Letter of Claim expiring TODAY!

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  • URGENTLY need advice re Letter of Claim expiring TODAY!

    Hello you lovely people.

    (Hopefully, this is posted in the correct place.)

    Gotta say, it's a huge relief that this forum exists, especially for me with such dire physical and mental health issues, it certainly provides a bit of comfort knowing that there are people that have your back.

    I received a Letter of Claim from bwlegal regarding their client PRAC Financial who is apparently chasing an energy supplier debt.

    Due to my current situation, I almost missed it and just discovered the deadline to respond is today so I am freaking out and just trying to read as many forum posts and newbie information as possible.

    I have no recollection of ever using their services and have searched all my email addresses and can not find any trace of me ever contacting them the energy supplier, PRAC or bwlegal. Although, I have dozens of email addresses and some older ones I'm unable to search.

    Two things from the Letter of Claim immediately jump out at me. Firstly, whilst the supply address is on my credit file, I have never lived there as only worked in the same building for a very short period.

    Secondly, they state that the 'agreement' was from way back in 2014 and was passed onto their client PRAC near the beginning of last year. Worth noting, I did move home around the same time of year but that was a year later in 2015 and then the only other move near that time was a couple of years before that into a shared flat (with a very dodgy landlord's agent who was extradited.)

    I initially was going to contact them stating I have never lived at that address and requesting a copy of the contract, etc. but remembered energy debts become 'statute barred' after 6 years without payment or acknowledgement. What concerns me with this is the potential it was a joint account with an ex-housemate I have no way of contacting or knowing if they have made any payments in the last 6 years. This is unlikely due to bills being paid in cash to that dodgy landlord's agent at the time of this 'agreement' in 'debt.' Unless the Letter of Claim has the date about a year out?

    Apologise for the long one but I really don't know what to do. This has sent me back into some very dark thoughts so thank you so much if you can spare a few seconds to provide any pointers.

    Really appreciated.

    Tags: None

  • #2
    I cannot se any reason not to reply as you suggested. That is neither payment nor acknowledgement of debt.

    Also, make a subject access request.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      I cannot se any reason not to reply as you suggested. That is neither payment nor acknowledgement of debt.

      Also, make a subject access request.

      Hi @atticus,

      Thank you so so much for your response - it truly means a lot to me.

      I was thinking about giving them 7 (or 14?) days to provide the names of the people on the agreement as well as any dates they have received acceptance/acknowledgement of the debt by any of those people. Alongside all the usual stuff like a copy of the original agreement, a copy of the notice of assignment of the debt, etc.

      That way I have more information in my pocket to go back to them with a solid statute-barred argument as I'd then have all the information.

      Regarding a subject access request, I'm very new to all of this so just wondering if that is standard practice in these situations as opposed to just asking them for the information which I believe Pre-Action Protocol states they must provide when asked. I guess I'm confused as to what additional information I'd be requesting in a subject access request beyond what I already am as part of the Pre-Action Protocol process?

      I was also thinking about mentioning my dire situation due to extreme physical and mental health issues along with planning to end it all if I become homeless which is very likely about to happen.

      I highly trust your wisdom on these matters so would very much appreciate your feedback and any other questions or evidence I can request allowing me to fully ascertain it is in fact statute-barred.

      Thank you again for being so lovely!













      Comment


      • #4
        Subject Access Request Letter

        Comment

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