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re TM Legal

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  • #1

    re TM Legal

    hi, I wonder if someone could advise please, I had a loan with Avant credit back in 2016 and fell in to arrears in early 2017. The oldest email I have is them saying I am 6 months behind in march 2017 but according to credit file no default was registered until 11 Dec 2017.
    Avant credit at some point sold the debt to ACI, then to Perch and back to ACI and now TM Legal. I think the debt is due to be statue barred on 11th december ( according to my credit file ) and so far I haven't responded to any emails letters and I havent yet had a pre court action letter either. Do I continue to ignore them? am I right in thinking if they dont send a pre court letter by 12th nov then its too late to proceed with court action as the debt will be statute barred by the time they try and take it to court ? or do I send them a letter now asking them to prove the debt ?
    The most recent letter today is just saying they will take court action if I dont make a payment arrangement
    This is my very last "bad debt" so would hate for it to ruin all the work i have been doing to sort myself out and to be honest I had hoped it would just drop off my credit file but I guess they have seen the clock is ticking on this one and I worry they will try and push this through
    Thank you in advance
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  • #2
    Hi PAULINE2023

    Welcome to LB

    Normally you are Defaulted after 3 missed payments, it will state the Default actions the Creditor will take.

    I'd be tempted to send the original creditor a Subject Access Request, they will provide all the data they have on the account. They have 30 days to do that. You might get information as to why they delayed / forgot about defaulting the account. Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    You could send them a CCA request to find out if the agreement is 'unenforceable', but it might be an idea to wait to see if they send you a Letter Before Action, then you can send a CCA request (there is nothing to stop you sending that now, if you want to). Make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...etter-example/



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    • #3
      Thank you that is really helpful think I will send CCA to the original creditor see what if shows

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