Letter before action, PRA/Lloyds

[Arthur]

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

[Timewilltell]

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?

[Arthur]

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.

[Timewilltell]

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.

[Joanna Connolly Solicitors]

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

[Arthur]

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

[Arthur]

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

[nightwatch]

let's wait and see what Niddy says, you still have a few more days till you need to reply

[Joanna Connolly Solicitors]

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

[Arthur]

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

[Joanna Connolly Solicitors]

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

[Arthur]

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

[Arthur]

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!

[Timewilltell]

It’s interesting that Lloyd’s say they can’t provide details for a Lloyd’s account, is it they can’t or they won’t?? If they can’t or won’t then there is little chance of PRA being able to get a suitable case against you for a court room?
Diana Mayhew for thoughts.

[Arthur]

Hi, glad the forum is working After a long time I received a claim from PRA, dated 6th December.
Particulars of the claim:

"The claimant claims the sum of £1K for an outstanding debt owed. On xx/xx/2010 the defendant entered into an agreement with Lloyds Bank PLC for a bank loan under ref xxx..xxx Onxx/xx/15 the defendant defaulted on the agreement with an outstanding balance of £1k. On xx/xx/17 the debt of £1K was assigned to PRA Group (UK) ltd. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. AND THE CLAIMANT CLAIMS 1. The sum of £1k."

I have acknowledged online to dispute

So, I'm thinking now to request under CPR 34.14 for the documents they mention, the agreement and notice of assignment - should I?

They don't mention in the particulars a default notice, should I also request this, they do say I defaulted though

Anything else I should do now?

I calculate I need to submit defence by 8th Jan (6 december plus 5 plus 28)