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HELP! disabled with so much debt

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  • Originally posted by joshing View Post
    Thank you & I literally do not fill anything else in? only dispute? not why i dispute it?, not the financial statement? or ask for any documents?
    Did they SEND you anything when they sent you that Pre Action Letter? So how do you know what they have or haven't got?
    The thinking is NOT to give the Claimant the incentive or opportunity to reconstitute missing documents, should they decide to issue a claim!
    The absence of the S.78 CCA after 14 days makes the claim unenforceable and they will know this.
    You could enclose a copy of that S 78 CCA request when you send the Pre Action Letter back.
    Others may have other opinions
    Last edited by Roger; 13th March 2018, 19:35.

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    • Thank you. Here's hoping they do not get it back on time then but I have had a copy before them.

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      • Originally posted by joshing View Post
        Thank you. Here's hoping they do not get it back on time then but I have had a copy before them.
        Send their Copy of the S.78 request under different envelope to the LBC even different Days!!
        Keep 'em guessing!

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        • Originally posted by joshing View Post
          through our door comes a letter from lowell solicitors re my lloyds credit card. Taken out in 2007 unfortunately Niddy says in-forcible. The letter is intention of court proceedings and gives me 30days to reply.

          Originally posted by joshing View Post
          I will try to outline as much as I can remember whilst I am trying to find everything.Card taken out 06/03/2006...The cca was sent to lloyds and i received back in june 2014.

          Did you have more than one credit card with Lloyds since you've referred to two different start dates (2006 and 2007)?

          Also are you sure you never sent a CCA Request to Lowells (I've received your email )?

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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          • Originally posted by joshing View Post
            I literally do not fill anything else in? only dispute? not why i dispute it?, not the financial statement? or ask for any documents?

            I've looked back through your thread and can see that you've had some success with debts being written off due to your disability issues and perceived vulnerability. Have Lowells been made aware of your situation?

            Consider whether you want to raise these issues when you reply to that 'Letter Before Claim' because it might be a good opportunity to make them fully aware.

            You can tick Box D to say you dispute the debt (mentioning the CCA Request non compliance thing) but also add anything else you feel is necessary such as you are in receipt of disability benefit if that is the case.

            Under the FCA Guidance Lowells have a duty to Treat Customers Fairly but they can't do that if they don't know what's gong on. Believe it or not they do have a good reputation when it comes to situations such as these. There's no guarantee they'll close the account but it's got to be worth a try

            (My apologies if you've already posted about this issue somewhere on your long thread and Lowells didn't help you when you asked them in the past.)

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • Thank you. Both my partner & myself had cards so I think I had them confused but as you can see the form they sent me was very messy & they had scribbled all over it. I signed 29082007. Dates on letter are diffeent
              11092007. I Have statement from 2015 t0 2018. They did include that form with letter. So can I still dispute because I have sent of for another cca. Also can I really dispute because of disabiliy &:low income??? It says why do i disputre? Sureyl I still owe it? Do I fill in the finanial statement?? They sent with it. Sorry but I do not know where to start. Not had this before.
              Last edited by joshing; 20th March 2018, 15:55.

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              • joshing

                It is entirely up to you although irrespective of what you do or don't do admitting the Debt (filling in the I&E ) won't stop them issuing a Claim!

                The trouble is here is you haven't set up a Diary.
                This means that without the history and background it is really IMPOSSIBLE and actually dangerous to advise.

                You haven't actually confirmed that you have sent off for a SAR.
                This is really important in your Case because it should give the missing Diary information.
                Di has pointed out that there are many reason IN LAW why a Debt isn't Enforcable not just the Credit Agreement (CCA).

                You can send in LAW request a CCA again and in LAW the can't issue a claim whilst that request is outstanding.

                Now Di's advice was in filling in the Form https://www.all-about-debt.co.uk/for...42#post1509142
                "..
                You can tick Box D to say you dispute the debt (mentioning the CCA Request non compliance thing) but also add anything else you feel is necessary such as you are in receipt of disability benefit if that is the case.
                .."

                Non Complaince with CCA S.78 is a perfect valid Legal dispute.

                I hope you have sent off for the SAR because once you have the SAR information and they have sent you the S.78 CCA you will be in a much better place to Judge your position.

                I would also do what Di suggests and make them aware that you are in receipt of a Disability benefit you don't need to go into details over the amounts!
                (that's not filling in Income & Expenditure details)

                Comment


                • OK thank you. Yes cca & sar was sent on the 12th & signed for next day. Filling in form today so I'll just wait to see what happens. Many thanks for all your help.

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                  • Originally posted by joshing View Post
                    OK thank you. Yes cca & sar was sent on the 12th & signed for next day. Filling in form today so I'll just wait to see what happens. Many thanks for all your help.
                    Well Done!
                    With the SAR they have up to 40 days so we are looking at say by Monday 23rd April! The CCA actually might take longer.
                    Enter up anything that they write back!

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                    • This is what I received this morning in answer to my request for cca.

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                      • The problem is joshing that there isn't a Diary here showing what happened and when.
                        That Letter form Lowell Solicitor refers to you having been sent (at some time) a CCA.

                        You wrote here that the CCA request was sent to Lloyds and received back in June 2014

                        Originally posted by joshing View Post
                        I will try to outline as much as I can remember whilst I am trying to find everything.Card taken out 06/03/2006...The cca was sent to lloyds and i received back in june 2014. I last made a payment 20th may 2013 to apex 20 i had a payment arrangement. The debt is for 5981.95 and the letter of claim from lowell is dated 25/02/2018. It has a period statement since assigned to them 24/112015 to 25/02/2018 no payment or adjustments. As far as i can remember no ppi. I can send you copies of what i sent to Niddy if it helps. Many thanks
                        Here you say that "They (is this Lowell?) have sent a copy of application form & statement of Account." Did you send Lowell a S 78 CCA request enclosing 1?
                        Has Niddy seen this "copy of application form & statement of Account." ?

                        Originally posted by joshing View Post
                        I was going to send the letter before action from the template but as I have not asked them for anything yet it seems inappropriate. They have in the past sent a copy of application form & statement of account, a while ago now not dated. Sent copies to your email address.
                        Have you already sent the Letter Before Claim (it would have crossed in the post with their letter) .?

                        Diana has already pointed out "..Why was the credit agreement deemed enforceable in 2014? What was right with it? There are more ways for a debt to be unenforceable than just the credit agreement. A compliant Default Notice will be needed as one example..."

                        They have given a date 19 April and then reiterating the Pre Action Process (that's NOT a direct threat to issue an immediate Claim).
                        By then or within a day or so the SAR should be with you. The SAR should give you the information to properly assess your situation.
                        Last edited by Roger; 23rd March 2018, 17:12.

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