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Hello! I could do with some advice please

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  • Hello! I could do with some advice please

    Hello,

    Hope its okay to join to ask for some advice, ive searched through legalbeagles posts over a few months and thought this would be the best place to ask for a bit of help.

    I have a old payday loan dating back to early 2013 with Minicredit sold to Kapama.

    It was a £100 payday loan that i defaulted on and it quickly rose to a fee of £800+. I could never pay it back on benefits. As far as i can tell through research, Statute-Barred would apply from the date of default in Mid-2013 but i made email contact with them last year asking for a copy of the CCA. I recieved the CCA and a statement and later i questioned the debt amount (8x the loan amount) and if proper affordability checks were done. I then recieved a complaint response. Would all this justify as acknowledging the debt?

    Thank you
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  • #2
    Originally posted by MiniDebts94 View Post
    Hello,

    Hope its okay to join to ask for some advice, ive searched through legalbeagles posts over a few months and thought this would be the best place to ask for a bit of help.

    I have a old payday loan dating back to early 2013 with Minicredit sold to Kapama.

    It was a £100 payday loan that i defaulted on and it quickly rose to a fee of £800+. I could never pay it back on benefits. As far as i can tell through research, Statute-Barred would apply from the date of default in Mid-2013 but i made email contact with them last year asking for a copy of the CCA. I recieved the CCA and a statement and later i questioned the debt amount (8x the loan amount) and if proper affordability checks were done. I then recieved a complaint response. Would all this justify as acknowledging the debt?

    Thank you
    Payday loans are payable in full once the loan expires, so id say if the loan hasnt been paid back it may be statute barred, however, i dont believe you can make a CCA request by email, it has to be accompanied by the fee of £1.00 and therefore you could have reset the limitation clock although id also say that its very unlikely.

    The more damaging enquiry would be challenging the debt, the affordability checks etc as those could be construed as acknowledging the debt
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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