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  • Letter before action, PRA/Lloyds

    Original debt: Lloyds personal loan, started 25/06/10
    Last payment: 05/15
    Default: 11/09/15
    Amount: £1,167

    Hi. This was assigned to PRA group in 2016. At that time I wrote to informally request a CCA, notice of assignment and statement of account. 2 years later I received a letter stating as they could not locate this information the account remained unenforceable.
    Recently I started getting requests for payment, which I ignored
    A letter recently arrived saying that they are now passing this on to their litigation department.
    I wrote to them asking if the situation as previously stated had changed, as they stated the account was unenforceable, they replied:

    The balance due presently on the above account stands at £1,167.22 which is immediately repayable, subject to any forbearance we have agreed with you. No further interest, costs or charges arising out of the regulated credit agreement pursuant to which the debt arose will be added to the balance. This statement satisfies the requirements of S.78.1 (a)(b) and (c) of the Consumer Credit Act 1974. Your account above has been selected for potential litigation activity but we would like to work with you towards an affordable resolution to prevent any further action.

    Also received the letter before action and forms in a separate letter

    So, I have prepared a formal request for a CCA agreement, and will post this today with my £1

    Should I also reply to the letter before claim, ticking box D, stating they are in default of a CCA request?

    Also, are they stating that they dont have to have an agreement, they can just make a statement and this satisfies the requirements of the consumer credit act?

    Thanks

    Art

  • #2
    Diana Mayhew
    perhaps our Diana is best to advise, although I personally wouldnít provide a second cca request, why give them a second bite of the cherry?

    Comment


    • #3
      Thanks, will hold posting till I hear back
      I prepared a formal request thinking this is right as my previous request was a longer time ago and I didn't include a fee nor did I reference to the consumer act, just requested a copy of any associated agreement with the account. Will wait to hear.

      Comment


      • #4
        Ah now that you mention this, your last request will not be seen as a formal request, you may well have to do the formal request with fee via recorded/registered post.
        I should wait for others to interject before sending.

        Comment


        • #5
          Since you say that you have not send a valid s77 CCA Request for this loan account (no £1 statutory fee included) then I would do that now using the AAD forum template CCA Request.

          I hope you've kept the first letter where PRA say the debt is unenforceable

          You've also received a 'Letter of Claim' which should have given you 30 days to respond. What is the date on that letter? I'll assume it's from PRA's in-house legal team and not solicitors instructed.

          Was there any PPI on the Lloyds' loan?

          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


          • #6
            Thanks Di, will go down the Post office and send now.
            I have until 8th September to reply to the claim, it came when I was away, but still got time. Yes from PRA's in house legal team
            I do have that letter still
            No ppi

            Comment


            • #7
              Reply from PRA today, enclosing some paperwork from Lloyds, a fixed sum koan agreement, and a covering note returning my £1 as a gesture of goodwill
              They say they will contact me to provide and update as soon as possible. Not sure on what!
              Will send a copy of the agreement to webmaster
              Anything else I should be doing here, I still have to reply to their original LBA

              Comment


              • #8
                let's wait and see what Niddy says, you still have a few more days till you need to reply
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Originally posted by Arthur View Post
                  Reply from PRA today, enclosing some paperwork from Lloyds, a fixed sum koan agreement, and a covering note returning my £1 as a gesture of goodwill
                  They say they will contact me to provide and update as soon as possible. Not sure on what!
                  Will send a copy of the agreement to webmaster
                  Anything else I should be doing here, I still have to reply to their original LBA

                  From what you say it sounds like PRA are aware that they haven't sent you everything they should have sent you.

                  You have until 8th September to reply to their Letter of Claim so wait to see what Niddy thinks of the paperwork they've sent before you do anything.

                  Did you have PPI on the original Personal Loan, because time is running out to make a claim if you did?

                  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


                  • #10
                    Thanks Di, Niddy has taken a look (thank you Niddy) and says it is UE
                    So, what should my next steps be here? Reply to their letter sending the paperwork, wait for them to contact me or reply to the claim letter disputing ticking box d?

                    Thank you

                    Comment


                    • #11
                      Originally posted by Arthur View Post
                      Thanks Di, Niddy has taken a look (thank you Niddy) and says it is UE
                      So, what should my next steps be here? Reply to their letter sending the paperwork, wait for them to contact me or reply to the claim letter disputing ticking box d

                      I like multiple-choice questions


                      (a) definitely don't reply to PRA's letter which they sent with the documents. You've been told the credit agreement is unenforceable, so don't give them anything to work with.

                      (b) personally I would wait for them to contact you (based on it being unenforceable) which is likely to be a claim at some point, because PRA tend to issue no matter what you say. They may not if they know the document is unenforceable even if they haven't admitted it to you.

                      but you may prefer (it's your choice)

                      (c) tick Box D on the Letter of Claim reply form which states you dispute the debt, but don't add anything else or ask for any documents in case they find them. This may prompt them to write to you asking why you dispute it, which is fishing for information to help their case.

                      You say you have until 8th September to reply, so take your time to think things through.

                      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


                      • #12
                        Thanks Di, I like multiple choice answers!!

                        I'll have a think and let you know, thinking option c) here, as they have asked me to answer the letter they sent, I feel I should, but will sit tight for a bit

                        Thanks

                        Comment


                        • #13
                          Hi, not much to report, I did return the letter of claim, ticking box D, so far no contact
                          I did also receive documents from Lloyds from my data subject access request, still going through all of those, but one entry does make we think, a logged message from PRA requesting agreement variations and default notice. The logged reply from Lloyds is There are no agreement variations, and as previously advised we can not provide a DFN, template or details for a lloyds acc.

                          So, does not being able to provide a default notice mean they dont have one? I dont recall receiving one, but I know thats not the same thing!

                          Ill keep reading through what they sent and enjoy the silence from PRA, for now!

                          Comment


                          • #14
                            Itís interesting that Lloydís say they canít provide details for a Lloydís account, is it they canít or they wonít?? If they canít or wonít then there is little chance of PRA being able to get a suitable case against you for a court room?
                            Diana Mayhew for thoughts.

                            Comment

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