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

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  • MIKE770
    replied
    Celestine

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  • Replenished
    replied
    Just to clarify, any contact I've made to them recently regarding offers has been on the phone. Which from what I understand cannot restart the statute barred clock.

    I have 10 more days before the 30 days expires on the 'letter before claim'. Is the best course of action to tick one of the options on this letter such has 'I dont whether I own the debt' or 'I dispute the debt' and send it back?

    Or simply to ignore the letter and respond saying I believe this to be statute barred, despite me knowing its not statute barred until at least the end of Dec. Sorry, i'm confused.

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  • Replenished
    replied
    Originally posted by MIKE770 View Post
    as he states should be statute barred so contacting them now would not start the clock, once statute barred cannot be changed, but never ring in future all in writing for benefit of doubt on any further cases?
    But is it statute barred? As stated in my original post, the last payment I made was the end of Dec 2014, that is within 6 years so surely this isn't yet statute barred?
    Every person I speak to seems to have a different idea on statute barred.

    So I should respond in writing you guys think? Any wording I can use to make sure that doesn't trigger statute barred clock (if its not already up)? What am I responding to say, that I believe the debt to be statute barred?

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  • MIKE770
    replied
    as he states should be statute barred so contacting them now would not start the clock, once statute barred cannot be changed, but never ring in future all in writing for benefit of doubt on any further cases?

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  • ostell
    replied
    No, contact them to refute the debt, not make offers. The letter before claim does not start the legal process, it is just a letter and they may or may not issue a claim. so keep up the conversation in the hope that the slip over the time. They will have to start any action on the 24th otherwise it is a lot of holidays.

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  • Replenished
    replied
    Originally posted by ostell View Post
    It should have been statute barred but you could have restarted the clock by contacting them.

    So respond in writing telling that the alleged debt is statute barred and any proceedings are bound to fail. Keep communicating with them as long as possible so that they delay raising a claim and it hopefully goes over the 6 years. No more phone calls
    The reason I rang them was because I was informed phone calls do not restart the statute barred clock. Only acknowledging the debt in writing does. Is that incorrect?

    The last payment I made was 27th Dec 2014, so this is within 6 years, just, and they have sent the 'Letter before claim' before the 6 years which starts the legal process, they claim.

    I'm confused, you say contacting them restarts the clock but then you say keep contacting them and hopefully it gets over the 6 years?

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  • ostell
    replied
    It should have been statute barred but you could have restarted the clock by contacting them.

    So respond in writing telling that the alleged debt is statute barred and any proceedings are bound to fail. Keep communicating with them as long as possible so that they delay raising a claim and it hopefully goes over the 6 years. No more phone calls

    Leave a comment:


  • Replenished
    replied
    Can anyone help? I only have a few days to sort something out before this likely goes to a CCJ.

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