How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I took out a loan around 2003, I became unemployed short

Resolved Question:

I took out a loan around 2003, I became unemployed for a short time and stopped making payments. Since then, lloyds credit service (who I took the loan out with) have passed the loan onto about 5 different collection companies over the years.
The loan is now with a company called DLC and they have been writing to me for a while. I have ignored all their letters because so many companies have been saying they own the loan. DLC have now instructed solicitors to take me to court and I received notice a few days ago
I can't remember how much the loan was for nor can I remember exactly how much I paid off. I have changed banks a few times since taking out the loan. One company who claimed the loan was theirs offered me 50% discount on the £1,900 owed but I had no way of paying this at the time.
The clock is ticking and I need to reply to this notice before I get a CCJ. Can I ask them at this late stage for a statement of accounts, I was told in the past by someone that if DLC don't have the original contract singed by me they can't take it to court. Is this true and can they use photocopies of the contract instead ?
Can I make an offer to make a one off payment of say £700 to clear the debt? Please advise.
Ramon
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
When did you make the last payment please?
Customer: replied 1 year ago.
I have no idea when the last payment was made but it would have been years ago
Expert:  Ash replied 1 year ago.
More than 6 years ago?
Customer: replied 1 year ago.
Possible but I'm not 100% sure
Expert:  Ash replied 1 year ago.
If its 6 years or more then it is statue barred and they can not take any action in the County Court under the Limitation Act 1980 because its time barred. To delay things you need to write with a cheque enclosing £1 and ask for a copy of the agreement under the Consumer Credit Act.
You should also ask for a statement of account - this will delay things. Then when you get the statement you will know whether the last payment was within or outside the 6 years. Even if its been 5 and a half years if you can delay it by 6 months then you would be ok.
But asking for a copy of the agreement and copy statements under the Consumer Credit Act will certainly delay things.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Do I write to the solicitors for this information and if I do what about the court form sent to me, do I need to do anything with this ?
Expert:  Ash replied 1 year ago.
Yes write to them and ask. Does the Court form have a seal on it?
Alex
Customer: replied 1 year ago.
I've attached a picture for you
Expert:  Ash replied 1 year ago.
Yes you need to file a defence saying that the claim is statue barred under the Limitation Act 1980 and the date of payment is more than 6 years ago.
They will then have to file evidence that it is under 6 years and you have time in the meantime to negotiate. Filing a defence stops the clock
Does this help?
Alex
Customer: replied 1 year ago.
What do I put here (attached)
Expert:  Ash replied 1 year ago.
You put in the defence that:
1. The Defendant avers that the claim is statue barred under the Limitation Act 1980 that the last payment was made more than 6 years ago.
2. Further the Claimant has not provided an executed copy of the agreement and is required to do so now under the Consumer Credit Act 1974
3. The Claimant is also required to prove that they are entitled to the debt and provide evidence of notice of default and assignments notices.
4. Save for any admissions the particulars of claim are denied.
Alex
Customer: replied 1 year ago.
Thank you AlexI'll send that back with the info you provided. Is there a way I can follow up with you as and when I receive a reply as you know the case now ?
Expert:  Ash replied 1 year ago.
Yes you can start new questions: For Alex W
Does that help?
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you AlexI'll keep you posted.Ramon
Expert:  Ash replied 1 year ago.
Good luck
Alex
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Hi AlexI have given my response and they have written back to me saying it is not barred? What do you suggest ?Ramon