Debt letter from Lantern - Possibly statute barred - next steps?

[tallmansix]

Deleted

[Roger]

You need SAR's / GDPR (won't cost anything) on these where the Last payment date is unknown or speculative and you do not know whether there is a default notice date that might override that date.
Your purpose is to ensure that these are Statute Barred or to understand when this will be.

As regards the fishing letter file it away and do nothing at this stage.

Taking that date 19/6/12 This is my prognosis on the State Barred Date as at 30/6/18(Todays date)

19/06/12	---Months 72		6 Years 11 Days
19/07/18	---Months 1		19 Days

[Joanna Connolly Solicitors]

Hello

Since 1st October last year (2017) a debt owner must send you a formal 'Letter Before Claim' giving you 30 days to respond before they can issue a claim. If you've got Royal Mail redirect in place you should get that forewarning.

Did you get any Notice of Assignment when these debts were sold to Lantern/Motormile Finance?

Are you now on the Electoral Roll at your new address and do you have any credit (bank account etc) registered to your new address because the two addresses may be linked on your CRA files if that's the case.

If so Lantern would have no excuse to issue a claim to the wrong address if they carry out due diligence. If they did that (issue a claim to your old address) then you would be seeking a set-aside of any Default Judgment (CCJ).

Motormile Finance (now Lantern) got a shot across the bows from the FCA not long ago and had to write-off £414 million pounds of debt as a result. Read this > https://www.fca.org.uk/news/press-re...edress-package

It may make sense to make an 'affordability' complaint to the original PDL businesses which can be escalated to the Financial Ombudsman Service but a few more facts first would be helpful since you don't want to scupper any potential Statute Barred date.

I'll ask Warwick65 to take a peek at things since he knows a thing or two about PDLs.

Di

[tallmansix]

Deleted

[Roger]

SAR'S & GDPR 2018
You queried email or Mail. Personally I use Recorded - thinking of a paper trail.

Have a read of the following Blog. between
The Tech Clerk & Never-In-Doubt
https://www.all-about-debt.co.uk/for...-and-responses

For a template of the New SAR GDPR seen Niddy's Blog and Tech Clerk suggestion

SAR & GDPR 2018
https://www.all-about-debt.co.uk/for...18#post1510818

Niddy includes a letter in His Blog.

Technical Clerk suggestion is very good

Originally posted by The Tech Clerk View Post
Heading for letter = GDPR 2018 SAR REQUEST


For PRA read Di's comment on another thread

"..When (what year) was it assigned to PRA and was it assigned direct to them or was it assigned to another debt purchaser first such as Aktiv Kapital? .."

Di

[Warwick65]

Hi
yes I know a bit about PDL's and also motormouth finance or as they are now called lantern

If I recall correctly Northway were based in Sliema Malta and therefore sadly not as easy to hold to account

The cause of action for limitations may depend on how the contracts were worded. Some PDL's were short term loans with a fixed end date and personally i would argue the end date would be the cause of action. I am not sure if they need to issue a DN for a 1 month fixed term loan. Maybe Diana Mayhew could help on that?

Others were effectively low cost revolving credit and for these there would need to be a S87(1) default notice and the remedy date for these would be the cause fo action - unless this has been resolved in court while I was busy

I am not quite sure what to do about the letters, as Di said, these are not letters before action and if it were me I would be inclined to ignore it unless there is further communication when I would then send CCA requests and prove it letters to MMF

As for CRA's - not all PDL's report to all or any DCA's and I have found some that appear on my statutory credit report (£2 cost) but not on Noddle or clearscore

By the way if MMF say you made a payment in June 2012 that under pressure after it had been terminated the account would still be SB

[tallmansix]

Deleted

[Warwick65]

Remember there is a lot more than just the agreement that can make it UE in court. But they can be looked at, as and when the time comes