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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 wouldn’t 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

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