Lantern Debt Recovery

by Benlooker Thu Feb 07, 2019 1:09 pm

Hi,

I received a letter from Lantern which I have responded to with the first letter. They have replied, however only providing a copy of the loan agreement and no other paperwork requested.

As it states in letter 1 that if they ‘fail to provide the required information’ that they will ‘agree to pay the fee schedule below’, I wondered how I should go about sending a letter to charge them for ‘logging copying and filing’ of their letter.

I intend to send them letter 2 edited to explain they have not sent the requested information and my fee schedue now applies. Should I enclose an invoice for the fee?

I know that the debt is statute barred, they have explained that they were not able to provide me a copy of the default notice as it is only kept on my credit file for 6 years, and as it defaulted in 2011 they are unable to provide this.

I wish to proceed with the 3 letters and see what response I get from trying to charge them for all the letters recieved and sent.

Is it at all viable to actually take them to the small claims court to recover the fees that I have set out in my letters?

by **daveiron** Thu Feb 07, 2019 1:56 pm

You could try something along these lines .

NOTICE-IN-WRITING

I requested from you specific documentation regarding an alleged debt you claim I owe.
You have failed to comply with the request .

Therefor I now require that you Cease and Desist any and all contact with me.

Take notice that should you contact me again ,you do so on the strict understanding that
it will form a binding contract between us ,binding you to my reasonable fee schedule, which
will be enforced by court action should you not comply.

by sam Thu Feb 07, 2019 7:54 pm

HI Benlooker

just general information even though statute barred it does not stop them contacting you after the 6 years , however they cant enforced the alleged debt in court, but never admit the alleged debt or pay any moneys,
sounds good above send letter ,

by Benlooker Fri Feb 08, 2019 11:33 am

Thanks for that. I have sent it to them I’ll see what I get!

by waylander62 Fri Feb 08, 2019 12:40 pm

to be honest if this is definitely statute barred ( be sure)

then write to them tell them you are not aware of any outstanding balance on this alleged account and then tell them that should there be any outstanding balance you will not be offering to make any payments as any outstanding balance that may be due would now be statute barred under the statute of limitations act.

by sam Fri Feb 08, 2019 5:40 pm

Hi Benlooker

The truth is, if it is statute barred i would just throw letters in the dustbin , if there no default notice give at least 6 months after last payment this is reasonable time , for the 6 years to be statute barred,
it would be good if you could take them to court and claim , but it will cost you time and money and may lose .

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