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Niece had SD served by Lowell


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I have another niece who unfortunately has got into trouble

 

Lloyd bank loan taken out circa 2007

Last payment 2009

 

SD served on her in person in around October last year, by the time I found out about it, the 18 days had long since passed.

I emailed Lowell's to buy time really, just saying I/she didn't think the SD had been served correctly, and need a bit more info, so intended to submit a SAR, also mentioned she had recently given birth to a prem baby, so tread carefully, and only write.

Lowell's wrote, giving the address to send SAR was them, we duly did that and enclosed the £10 fee, just before Xmas.

 

Response arrived a week ago, but not a great deal of information, no statements, no agreement, just basically Lowell's stuff, no Lloyd's paperwork at all, and a photocopied court form which absolutely never arrived at nieces address. They have also included a Lowell's statement for a 2nd Lloyd's loan which I didn't notice until Niece had left, so must ask her what that is.

 

I'm now thinking we were supposed to send the request to OC, I.e. Lloyd's!

 

I'm really sorry to be a bother, with not only my own problems, but nieces too! We are a nice family really, just having a tough time

As always help would be appreciated.

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Having read through the Lowell sticky, she does own her own home, jointly with her dad (he doesn't live there, just on the mort) but there is a CO on her flat (dad's debt)

 

Still on maternity leave but baby's dad lives with her.

 

They are happy to sell and move on to rent, as it's only a very small 1 bed on upper floor, or wait and see if the SD does end up with BR in which case they'd just let receivers have it, although there not likely to be any equity in it anyway

They just don't know what to do for the best

 

Thanks again, please ask any questions that will help you to help me

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Did you not request a copy of the agreement using a section 77 request......more important than a DSAR.

 

Andy

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Its important to head it " I do not acknowledge any debt with your company"

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There is also little point in sending SAR to Lowells - they would not have anything other than their own dealings with the account holder.

 

SAR should go to the original creditor.

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Naughty of Lowell's then really, as it was them who wrote and said, send the SAR to them, is there any point in complaining about it, you know trusting them!! Could we ask for them to send the payment back so we can SAR the OC, or is our own fault?

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Could anyone advise on the last post, we do really need to see how much the charges add up to, but can't really afford for her to pay another £10 to OC.

 

Anyone around at the moment?

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