time to sort this mess out

[Warwick65]

This is from Lloyds website https://www.lloydsbankinggroup.com/p...nalinformation

As for your DMP I would send it to the data controller at their head office

[Jaffacake]

Hopefully the SAR will give you the background to the Loan including whether actually TSB did included PPI. I have an Account where PPI was expressly excluded (but the OC sent a letter advising they were changing their Insurer for PPI) If the loan had been for something specific sic a Car I think you would have remembered! Sometimes Loans are to replace other existing Debt (ie not new money).

There are many reasons for UE not just the CCA. The CCA 77/78 by the way is for information purposes not proof!

.

I will send a standard sar request to money plus(dmp) and Lloyds, is there a standard address to send the sar request to for Lloyds?

[Roger]

Thankyou for your reply, I will sort out sending a sar(gdpr) to the dmp company. As for ppi I know there was not any as the documents sent show this as the case. The original amount was for £5000 but I can’t remember what the loan was originally for.

Hopefully the SAR will give you the background to the Loan including whether actually TSB did included PPI. I have an Account where PPI was expressly excluded (but the OC sent a letter advising they were changing their Insurer for PPI) If the loan had been for something specific sic a Car I think you would have remembered! Sometimes Loans are to replace other existing Debt (ie not new money).

There are many reasons for UE not just the CCA. The CCA 77/78 by the way is for information purposes not proof!

.

[Jaffacake]

Thankyou for your reply, I will sort out sending a sar(gdpr) to the dmp company. As for ppi I know there was not any as the documents sent show this as the case. The original amount was for £5000 but I can’t remember what the loan was originally for.

[Roger]

Well lets start logically here. You need some back ground details here
.
1/ DMP? You should raise a SAR ( GDPR Now) on that DMP because it may be that various documents such as Assignment etc.. were sent to them.

2/ Account was on a DMP with Lloyds for a number of years before going to Aktiv Capital( I cant find a default letter or transfer of debt for this account)
whilst with Aktiv Capital it was still being paid through a DMP
2014- Aktiv changed name to PRA Group (uk) ltd

3/ Their letter "..PRA Group (uk) limited purchased your outstanding balance with LLoyds TSB Bank Plc. .."

PRA brought Aktiva Capital it wasn't a name change (2) above
So there may be Assignment issues here.

4/ It was originally a Loan? Do you know if there was any PPI here? What was the size of that Original Loan? What was the purpose of that Loan (for instance was it to pay of overdraft/credit card debt etc.. etc.

5/ Under the new regulations they should send a Letter Before Claim before litigation and there is no mention of that here.

6/ There is a mixed argument over whether to raise a SAR (GDPR now) with the Original Debtor. It seems here that PRA have already been communication with Lloyds tsb (hence the delay in obtaining the CCA.). At some point a SAR from Lloyds will be required my thoughts are you could do this now (because of the PPI and background to the debt etc..)

I wouldn't reply to PRA at this moment and subject to the above points (which I think you need to investigate) I would wait and see what their next move here is!

[The Tech Clerk]

Roger

[Jaffacake]

Re: time to sort this mess out

TYPE OF ACCOUNT – lloyds tsb loan
Date Commenced - 2004
Approx Balance - 1874
Date last paid - 04/2016
Arrangement or not paying – DMP
Status – Defaulted 2008
Account owner – PRA Group

Account was on a DMP with Lloyds for a number of years before going to Aktiv Capital( I cant find a default letter or transfer of debt for this account)
whilst with Aktiv Capital it was still being paid through a DMP
2014- Aktiv changed name to PRA Group (uk) ltd
25/02/16 – full and final settlement of20% sent
09/03/16 –My offer rejected but they offered a 20% discount
11/03/16 – CCA request sent
14/03/16 – CCA request signed for
18/03/16 - letter received from PRA group acknowledging cca request, they have requested the relevant documents and suspended collection on account until further notice- they have also returned the £1 postal order.
26/06//16 - they have sent some computer printouts but no other info at this time, they also say they will not contact me again until they have the rest of the info.
09/18 - recieved a response regarding cca request, looks enforceable after documents were looked at by Niddy

Good afternoon all

Received a letter this morning from PRA Group regarding the above, it says as follows.

PRA Group (uk) limited purchased your outstanding balance with LLoyds TSB Bank Plc.
Your account is being managed by our investigations and Litigation department to look at your outstanding debt for possible litigation recovery.
we want to work with you to help clear your remaining debt in an affordable manner, we have fully trained account managers waiting to take your call. We will be honest and realistic in discussing all the opportunities with you to resolve this matter within a defined period of time.

if we do not hear from you, then we will be forced to undertake further investigations to gain an insight into your ability to pay the outstanding balance through information that is available to us. we look forward to hearing from you within the next 14 days of the date of this letter(10/10/18) to avoid us moving to the next stage.

so looking for advice on the next thing for me to do please.

[Roger]

https://globenewswire.com/news-relea...0-Million.html

[Jaffacake]

Just store that information away very carefully. Enter this information into your Diary as it helps give advice.
Akitv Didn't change its name it was Brought by PRA.
There may well be Assignment issues among other issues.

oh the letter I have from them says that on 6/11/2014 Aktiv kapital changed there name to pra and that I don’t need to do anything, no mention of any buying out or transfer of account. Will wait and see what they send next.

[Roger]

Hi sorry it took so long to reply but had to dig the info out but this is how this is what ive got,
it was with Lloyds tsb being paid through a debt management programme then it changed to aktiv capital around 2012/2013. I havnt got any other paper work to show the exact date as at that time I was just burying my head and hoping it would all just go away.
all the time it was aktiv capital there was small payments being paid via the dmp then in 2014 they changed there name to pra group (uk) limited but the payments were still being paid.
Then in 2016 I came across this site and started to take control, closed the dmp and sent offers to settle the accounts but were all rejected so started my SB journey.
And this is where we are today I sent my cca request back in 2016 and never really heard anything from them apart from the odd letter regarding end of year statements.

Just store that information away very carefully. Enter this information into your Diary as it helps give advice.
Akitv Didn't change its name it was Brought by PRA.
There may well be Assignment issues among other issues.

[Jaffacake]

By way of background
I notice the default was 2008.
Your Diary entry start from February 2016 and your dealings with PRA.
That's a 8 year gap.
When was the Debt sold by Lloyds TSB and to whom?

Hi sorry it took so long to reply but had to dig the info out but this is how this is what ive got,
it was with Lloyds tsb being paid through a debt management programme then it changed to aktiv capital around 2012/2013. I havnt got any other paper work to show the exact date as at that time I was just burying my head and hoping it would all just go away.
all the time it was aktiv capital there was small payments being paid via the dmp then in 2014 they changed there name to pra group (uk) limited but the payments were still being paid.
Then in 2016 I came across this site and started to take control, closed the dmp and sent offers to settle the accounts but were all rejected so started my SB journey.
And this is where we are today I sent my cca request back in 2016 and never really heard anything from them apart from the odd letter regarding end of year statements.

[Roger]

By way of background
I notice the default was 2008.
Your Diary entry start from February 2016 and your dealings with PRA.
That's a 8 year gap.
When was the Debt sold by Lloyds TSB and to whom?

[Jaffacake]

Yes I sent them to niddy who said they look good unfortunately but to follow advice on forum and see how it goes.

[Warwick65]

Are you saying Niddy has said the docs look enforceable or just you think they are?

Remember there is a lot that can stop them winning in court, I have had seemingly good agreements closed for no reason I can tell ( It was a 2010 digitally signed account) I have another where the terms and conditions- while looking good on first sight could not have been the correct ones. We won in court on another because of no DN and several others have gone SB even though they looked good ( There were bad DN’s but they didn’t even try)

[Jaffacake]

Hi everyone
PRA and finally got back to me on the cca request I sent 2 years ago, they have sent me what looks like a copy of an agreement and some terms, just need advice on next step from here please.

So the docs look good after getting niddy to look at them, I’m about 2 years into the SB route so let’s see if I can blag it for another 4