#21
If the loan was more than six years ago, and you haven't made a payment or acknowledged the amount as a debt in those six years, then the debt is statute barred anyway and cannot be taken to court.



So sit back and have a cup of tea.

#22
Are you sure pappagolf and poppasmurf, I received this today again by email.



URGENT ATTENTION REQUIRED



RE: xxx [the gentleman pushing action]

O/S Amount: £93,134.60

(Including costs & interest)



Dear yyy



We are required by law to notify you that it is the intention of our Client to proceed with Legal Action through the Court to recover the outstanding amount as detailed below.



Calculation of indebtedness:

Capital due £73,269.58



Interest claimed at 8% per annum £19,865.02 and continuing at the daily rate of £16.06



It is hoped that you will address this matter within the time specified in order to avoid this action and further expenses.



With respect we would therefore suggest immediate action.



Payment can be made by direct bank transfer, or cheque, made payable to AYL COMMERCIAL and sent to the address below.



AYL Client Account

Sort Code: 20-62-69

Account Number: 60685046

Reference: xxx/yyy



Yours faithfully

Miss D Gartrell

Collections and Investigations

AYL Commercial

PO Box 423

Dartford

Kent

DA1 9LS



01474 708 497

www aylcommercial co uk

Please note we do not accept service by fax or email



Should I acknowledge this at all ?

#25
why are they not listed at companies house , why is the bank account listed in leistershire , ,





yrs they are required to inform you of court action , a letter before claim , which is specific in its wording and should be sent by ROYAL MAIL





due to the timespan and idiotic communication , I would mark it as span , do NOT contact them and await a written formal notice , unless you have a spare £73k

#26
See this for information about statute barred debts:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx



As you're getting emails from a company which doesn't seem to be listed at Companies House (an offence), telling you it doesn't accept service by fax or email, about a debt which has mysteriously risen from £3k to £93k, I think you can take it from me that it is some sort of scam by your former friend.



Take the advice above. Tip it into the spam folder, and tell them you'll see them in court.

#27
I can't see anywhere from the company name, the email or the website that it is or purporting to be a registered limited company so why would be on Companies House. It's probably a self employed/sole trader who may be operating a PAYE scheme.





Either way unless you get something in writing in the post I'd be a bit wary about replying or taking action on it.

#28
Hi AlwaysOnTheGo





Not much to add to the above, other than to say that personally I'd be inclined to keep the AYL correspondence in a folder rather than simply binning it. If you end up having to make formal complaints about their activity it will be useful to have this paperwork to hand as evidence.





It does rather sound as if they are trying to strong-arm you into paying up no questions asked, and I appreciate that it must be causing you concern. However, simply sending you these emails does not comply with the pre-court action protocol - and that is before we even address the question of their fitness to trade as a debt collector.





Dennis

@natdebtline

#29
I have had a web chat with national debt line today and was advised to send a 'time has run to recover the debt' letter recorded delivery to them, which I have just done. This forum has been a huge support to me over this. I won't bin the emails and my letter, just file them away. Thanks All

#30
AYL Commercial. I've just had a look at their website.



No mention of a licence from the FCA, so they are committing an offence as I believe it is compulsory for all debt collectors to show this information.



eg. This is from the Lowell Home Page:

Lowell Portfolio I Ltd and Lowell Financial Ltd are companies registered in England and Wales under Company Reg. No: 4857418 and 4558936 respectively. They are authorised and regulated by the Financial Conduct Authority in respect of consumer credit regulated accounts. Registered Offices: Ellington House, 9 Savannah Way, Leeds, LS10 1AB



I'd be tempted to ring them up and ask for their licencing details. If they can't provide them, a quick call to the FCA about a dodgy debt collector would be in order.

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