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7 year old pay day loan debt now with AJJB law - threatening legal / court action

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  • #16
    Hi again guys. So I am sending AJJB law the request for CCA using the template on this site. I am assuming they will come back with the required information. I believe my last payment / written contact with the creditor is now over 6 years ago, so was thinking to send a letter saying it is statute barred. Is this the right step to take once I hear back about the CCA?

    What am I to do if they then just come back saying they've taken this to CCJ or do they need to prove to me it is not statute barred before doing this?

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    • #17
      Scotland 5 years. ,6 years England/Wales

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      • #18
        Originally posted by MIKE770 View Post
        Scotland 5 years. ,6 years England/Wales
        Sorry, I meant 6 years. Not sure why I had 5 in my head. Its over 6 years since I've made any payment or communicated in writing.

        Edited my last post to say 6 years*. So should I send statute barred letter after CCA reply? Can they ignore and go for CCJ they believe its within 6 years?

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        • #19
          So can they produce the CCA? You write and ask for one. If not then the debt is not enforceable until they do.

          The letter of claim is not the start of legal proceedings, that would be the claim being issued by the courts. They are not supposed to start the claim until the 30 days is up. How far does the 30 days from their letter take you? Would it be past the 6th anniversary?

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          • #20
            Originally posted by ostell View Post
            So can they produce the CCA? You write and ask for one. If not then the debt is not enforceable until they do.

            The letter of claim is not the start of legal proceedings, that would be the claim being issued by the courts. They are not supposed to start the claim until the 30 days is up. How far does the 30 days from their letter take you? Would it be past the 6th anniversary?
            The 30 days would have ended a few days before the 6 years is up. I spoke to them on the phone (I know not ideal as mentioned earlier in the thread) and they said they will wait until after xmas before moving forward and have placed the account on hold for 30 days. We are now past the 6 year mark I believe.

            Or does that become irrelevant seeing as the letter of claim date would have ended before the 6 years?

            I am sending the CCA request letter tomorrow but I am all but certain they will be able to produce the CCA so just thinking if I can go the statute barred route when they produce the CCA?

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            • #21
              It's the date the claim is issued that counts, not the date of the letter before.

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              • #22
                Originally posted by Replenished View Post
                . I spoke to them on the phone

                What part of DO NOT SPEAK TO THEM ON THE PHONE was unclear?

                You came here seeking advice, was given great advice for the forum experts and you ignored it.

                Please head the advice given for now.

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                • #23
                  Hmmm ok, in truth you really need the CCA request to be flawed because the time clock for statute barred runs from the expiry of the s87 default notice issued by the original creditor. The default notice is usually issued within three months of last payment and is a formal request to catch up on outstanding payments before a default notice is issued (which will later appear on your credit report as a default marker).
                  This interpretation of the Limitation Act was a result of BMW v Hart 2012.
                  https://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.html
                  "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                  I am proud to have co-founded LegalBeagles in 2007

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                  • #24
                    So I sent the CCA request. I sent it with signed delivery as proof it had been received. I've since had texts saying 'We haven't received a response to the letter before claim issued by us. It's imperative you act now to avoid court proceedings'. I have also had some missed calls and voicemail saying nothing other than to make contact with them.

                    They don't seem to be acknowledging the CCA in their text / call communication thus far. The 12 days is not up yet.

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                    • #25
                      So what's the deal, ignore their messages about the 'letter before claim'? What's the next step if I do not get a response to my CCA request letter?

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                      • #26
                        Right so the 12 working days will be up in a few days time. I've not had any response to the CCA letter, only missed calls and texts asking me to get in touch.
                        Can anyone advise of what I should do if I have no response to the CCA in the 12 working days?

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                        • #27
                          wait as they if a agreement request outstanding then no enforcement can take place - read around the threads it is a self help exercise to get to know the basic way things run?

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                          • #28
                            Originally posted by Replenished View Post
                            I hope somebody can help. I had a payday loan with Piggbank many years ago. I was in a bad situation at the time and wasn't able to repay. After some time of no payment it seemed to go quiet and I had no letters from Piggybank in years. I think I've maybe had one or two letters in 7 years. They have sent a lot of emails that I've recently discovered but this was on an old email address I don't even use.

                            Anyway, a few weeks ago I received a 'Letter before claim' from AJJB Law - in accordance with the pre-action protocol for debt claims. They go on to state 'legal proceedings may be commenced against you in the county court without further notice'.

                            The debt defaulted in March 2013 so I was wondering if this might be statute barred. But then I can see I did make a couple of payments on the loan up until the end of Dec 2014, making 6 years from then very soon. Maybe that's why they are suddenly chasing this as we come to the 6 year mark. I think I may have had one or two email communications with Piggy bank a few years ago as well. So i'm assuming I can't go down the statute barred route?

                            I've spoken to piggybank a number of times over the last couple of days and they won't have anything to do with it now. Looking at the emails they sent me lots of settlement offers, some of 80% off the debt. I asked if I can make the settlement payment but they say I have to speak to AJJB law.

                            I called AJJB law and they say I either pay settlement of 20% reduction, or I go into a payment plan. If not they may take it to court. Obviously i'm there saying i've had 80% reduction settlement offers from Piggybank previously but wasn't aware, can we not get nearer to that, but they decline. I understand they want to get as much as they can but I found them very rude and patronising on the phone. I'm sure they could reduce it further but just don't want to.

                            What are my options? 7 years since the default and now they decide to chase! I've just managed to get my credit up to an average level after years of it being awful so don't want this going to a CCJ if I can help it.
                            I had a claim from a government department/ legal section, for 6 thousand pounds for a court hearing that cost 6 hundred , a clerical error. As I was aware of a solicitor letter about a demand for me to pay this bill I ignored it , when I received a letter to attend a hearing by a high court judge in attendance I defended my own point put to me by a friend that is a solicitor, the advice I received was theres a 6 year rule to recover a debt on debtors, as I live in NI we dont have bailiffs full stop. and the judge agreed that after six years you have the right to carry on with your life WITHOUT looking backwards, and dismissed the case against me . Stand up for your self and voice your own opinion . They had 6 years to resolve their failings to recover the debt. Now your life has changed and you cant keep looking over your shoulder , a senable point of view . GOD LOVES A TRIER , give it a go you just might stop the hearing .

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                            • #29
                              Originally posted by MIKE770 View Post
                              wait as they if a agreement request outstanding then no enforcement can take place - read around the threads it is a self help exercise to get to know the basic way things run?
                              I will wait then. Yes I've had a bit of a look around and have gained a basic idea which is very useful but there seems to be no 'one size fits all' or standard way of doing things in these situations. Lot's of differing opinions among those offering advice here so I still find it helpful to ask individual questions.

                              The 12 days on the CCA letter doesn't represent anything then I suppose, it's not as if I can say 'right you haven't responded within 12 working days so you can now no longer chase the debt'?

                              Comment


                              • #30
                                There's been no response to the CCA letter and the 12 working days is up tomorrow.

                                I have received the below via email:

                                IMPLICATIONS OF A COUNTY COURT JUDGMENT (CCJ)

                                We are now in a position to issue a County Court Claim to recover the balance due to DJS(UK) Ltd (in Admin) t/a Piggy Bank as we have not received a satisfactory response to the Letter Before Claim. This could result in a CCJ being registered against you

                                As previously mentioned, we wish to resolve this matter without the need for legal action, however, we are unable to do so if you do not address the balance due.

                                A CCJ will have an adverse impact on your credit file and will be registered for 6 years. It will affect any future lending decisions including applications for loans, mortgages, tenancy agreements and the purchase of goods on credit (for example a mobile phone contract).

                                Please do not ignore this email.

                                Yours Sincerely,

                                AJJB Law
                                -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

                                Aside from that I've just had a text saying they will be "conducting a pre court action review this week."

                                They definitely have no power to pursue this without confirming the CCA right?

                                Comment

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