HELP! disabled with so much debt

[joshing]

Ok so Hi to all.
Its been 2yrs past and nothing, been very quiet but now 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. Various forms to fill in, questions such as , do i agree the debt is owed, am i getting advice, what forms do i need, and what documents i need to send to them. Bearing in mind I live in a council adapted disabled property, have no car, nothing of any value and only live on income support and carers allowance does anyone have any advice on my next step. I would really like to avoid court but also cannot see how they would get anything as we do not have any access money. Thank you in advance.

[The Tech Clerk]

that will be the new pre action letters etc you have to fill in, might be an idea to talk to Di ==
Diana Mayhew
Joanna Connolly Solicitors

[Joanna Connolly Solicitors]

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. Various forms to fill in, questions such as , do i agree the debt is owed, am i getting advice, what forms do i need, and what documents i need to send to them. .

Hello

To speed things up can you guide me to the history of this debt on your long thread please. A post number will be fine.

Was your s77-79 CCA Request sent to Lloyds (original creditor) or to Lowell Portfolio (debt purchaser) because this may dictate your next step.

You say the credit agreement was deemed ‘enforceable’ but if that document was produced by Lloyds it could make sense to send a fresh CCA Request to Lowell who may not have access to the same information. Don’t send another until the facts become clearer - you have 30 days to deal with the Letter Before Claim.

Even if the credit agreement is ‘enforceable’ there could be many other ways that the debt cannot be enforced such as a bad Default Notice or failure to comply with other statutory notices. Have you received an annual Notice of Sums in Arrears (s86) since the account was defaulted?

When did you last make a payment to this debt or send something which could be considered as a written acknowledgment?

Was there any PPI involved?

What is the date on the LBC so you know the deadline?

And finally (sorry for all the questions) how much is the debt?

Di

[joshing]

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

[Joanna Connolly Solicitors]

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..

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.

You have 30 days to reply to that Letter Before Claim so this is a period of assessment of the situation.

You could send a Subject Access Request to Lloyds to get the full history of the account so you can see for yourself if there have been any errors along the way. The Transaction Log can be most illuminating.

It may make sense to send a new s77-79 CCA Request to Lowell because they may not be able to produce the same credit agreement as Lloyds produced in 2014. Debt purchasers don’t automatically have access to everything held by the original creditor - that may depend on any conditions in the Deeds.

Keep an eye on the LBC deadline date and keep an eye on this thread.

Di

[joshing]

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.

[joshing]

Can I just ask if I send a S A R off to lloyds & inform lowell would they hold off as I doubt would get it back in time.

[joshing]

Can I just ask if I send a S A R off to lloyds & inform lowell would they hold off as I doubt would get it back in time.

[Still Waving]

Can I just ask if I send a S A R off to lloyds & inform lowell would they hold off as I doubt would get it back in time.

I think you should take Di's advice above and send a new CCA request to Lowell (the previous one was 4 years ago wasn't it?). That should hold them for the time being.

I would not tell Lowell that you are sending a SAR to Lloyds, and I'm not sure they would hold on that score anyway.

Others may have alternative advice.

[Roger]

The timing of this S.78 to Lowell is important! Lowell have 14 days to respond to the S.78 then after this the Debt is UE . "..the statutory time limit (12 + 2 days) .." whilst the S.78 is outstanding!

Your plan should be to return the LBC ticking the dispute box (nothing else) just after this 14 days and before the LBC 30 days are up!
(Your dispute in law would then the outstanding S.78!!!)

This should give you the time you need for the SAR to turn up!

[joshing]

Thank you. can you direct me to the cca template please, seems i am clicling on a old link.

[Roger]

Thank you. can you direct me to the cca template please, seems i am clicling on a old link.

https://www.all-about-debt.co.uk/for...78#post1231178
» CCA Request

[joshing]

All done, postal orders included, posted signed for today. Pre action letter was dated 25th Feb so if I post it back around the 20th should this be OK?

[Roger]

All done, postal orders included, posted signed for today. Pre action letter was dated 25th Feb so if I post it back around the 20th should this be OK?

25th Feb was Sunday Add 30 days takes us to Tuesday 27 March 2018
20th is a week early! Don't give them to much time!
You could post 23rd March which is a Friday (First Class Recorded) that would give 4 days to reach them!

[joshing]

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?