DCa chasing me for old Lloyds loan

[chutney]

I've recently received a letter from Fredricksons chasing a debt and advising me they may take me to court.

 

I have copies of the Prove It and CCA letters but I'm unsure which one I should send.

The debt does exist and is from before my divorce 5 years ago but I haven't acknowledged it or entered into any correspondence with them about it.

 

Additionally, last year I received a letter from Bryan Carter solicitors about another debt

and I sent a CCA request to them with the £1 postal order,

they acknowledged receipt and said they passed it on to the creditor

but I've heard nothing since and certainly didn't receive any CCA

- can I now assume that debt is now unenforceable or do I need to do anything more?

 

Any advice is greatly appreciated.

[Stigman]

Which debt is this for please?

 

i.e. Loan, Credit Card, Bank Account, Overdraft?

 

Some debts are CCA exempt.

 

When did you last make a payment or acknowledge the debt in writing?

 

Does this debt appear on any of your Credit Reference Files?

 

Stigman

[chutney]

Thanks for the quick reply. The debt is a Lloyds loan and I last made a payment 5 1/2 years ago and it is on my credit check.

[citizenB]

Ah, it looks as though it might be coming up to Statute barred time and their system has alerted them to this fact.

 

Is there anyway for sure you can establish the last payment made to the account ?

 

Do you know if there was PPI or default charges applied to the account ?

[Stigman]

Hiya,

 

Send Freds/Carters a CCA request, don't forget to include the £1 postal order, Template letter is here...http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

What was the year that the original loan was taken out?

 

Is their any PPI or penalty charges that you can claim from LLoyds?

 

Stigman

[firstship]

On your credit check what is the date of the Default? Not the date you took the loan out

 

FS

[Stigman]

FS - The reason I asked for the original loan date is because the law changed in early 2007 regarding CCA's.

 

That way we all know what part of the CCA legislation we are dealing with and can then advise correctly.

 

Stigman (Off out to walk doggystig)

[BRIGADIER2JCS]

Is this loan unsecured?

What exactly shows on the credit reference file (s)?

Do you know when exactly the last payment and/or written acknowledgement of the debt was made.

 

 

Statute Barred in England and Wales = 6 clear years with no payment or written acknowledgment of the debt.

 

 

Any payment or acknowledgment rests the clock.

 

 

Do you have copies of the letters sent to Carter previously.

[chutney]

I'm on my work laptop so can't get access to Noodle at the moment as it's blocked, but I can put that info up later when I'm home.

From memory:

Last payment was late in 2008.

Credit card was taken out in 1999.

There was PPI and penalty charges on the loan - I can't claim them back surely that's being too cheeky?

 

I thought it was supposed to be the CCA Request first, thank you for answering that, I'll send it off tomorrow.

 

How about my question regarding the CCA request for the other debt that was received by Bryan Carter with their acknowledgement last year - can I now assume that one is gone as they didn't send me anything, including no CCA?

 

Thank you for the help, it really is appreciated.

Edited May 8, 2014 by chutney
Changed loan to credit card

[chutney]

Is this loan unsecured?

What exactly shows on the credit reference file (s)?

Do you know when exactly the last payment and/or written acknowledgement of the debt was made.

 

 

Statute Barred in England and Wales = 6 clear years with no payment or written acknowledgment of the debt.

 

 

Any payment or acknowledgment rests the clock.

 

 

Do you have copies of the letters sent to Carter previously.

 

I have a letter from Carter acknowledging their receipt of my CCA request and saying they would send it on to the creditor. That was in November last year and nothing heard since.

[chutney]

Sorry, just realised it was a Lloyds credit card not a loan.

[BRIGADIER2JCS]

Ok same rules apply to a CC.

Yes you can reclaim all the penalty charges and PPI if it was mis sold.

The account with no CCA provided is unenforceable until a compliant agreement is produced. This will probably reach stat barred anyway.

Keep that letter safe.

[chutney]

Will do, thank you. I'll get the CCA Request for this other one sent tomorrow.