Lowell and old Lloyds Credit card debt - now PAP letter

[flower2]

Advice please

Lowell had been chasing me for a Lloyds Credit card Debt.

 

 

back in May I requested a CCA from Lowell, and eventual received a letter in September from Lowell's

saying that the CCA was no longer available due to length of the time since the account was opened and that they were closing the account.

 

 

Now they are defaulting on my credit file can they do this. ( I still have the letter from Lowell)

 

I have put in a dispute with the credit file asking for it to be amended

but they say Lowell are saying they have received no payments

and the entry on my credit file can not be amended.

[citizenB]

I would be asking them on what basis do they believe they can start to record defaults on an account they have supposedly closed on the grounds that they are unable to provide evidence that an account exists ?

[dx100uk]

has the debt already got a defaulted date from the original creditor listed in the summary?

[flower2]

No other defaults on my credit record, is that what you mean.

 

This is not the first time Lowell have made a mistake. They tried to pin a statue bar on me without the CCA which cost them.

[dx100uk]

a dca cannot default a debt.

 

what I am asking is, if the OC sold it on

they would have entered a defaulted date in the debt summary [not the calendar area]

 

what is the original defaulted date?

 

is there one?

 

dx

[flower2]

Default date December 2010. Lloyds originally had it on my credit file but it disappeared about a year ago.

[dx100uk]

but was the same defaulted date?

so dec 2016 it vanishes

 

 

so anything that lowells add is immaterial

 

 

dx

[flower2]

I wrote to Lowell asking this question, the reply is:

 

" we are still awaiting a copy of the agreement & the account will remain on hold until this is sent.

We have copies of the statements which will be forwarded to you when the agreement is received"

 

 

In regauard to the default being recorded on your credit file

we can advise that upon opening and signing the agreement you agreed to the default being applied.

As we have now bought the account we have taken over ownership of the default recorded by Lloyds.

 

They also go on to say they also hold another account in my name & advise that there is no payment plan in place

and have stopped collection to allow for me to contact them with my intentions towards the outstanding balance.

 

 

, they issued a SD in 2013 which I fought & won with costs awarded that account is now well over 6yrs old since the dispute was first raised.

 

Advise would be greatly appreciated.

[dx100uk]

if there is an existing thread on this second debt they are on about

go update that thread

 

 

as for this debt

until/unless they find an enforceable agreement

you ignore them and pay nowt

 

 

dx

[flower2]

Oh well after nearly a year I have received a reconstituted agreement, which I am not convinced about.

 

I am thinking about writing to Lloyds to request the CC. I would be very grateful if anybody has any feed back for me.

[dx100uk]

card signup pre dates apr 2007?

 

 

dx

[flower2]

yes from 2000

[dx100uk]

no dice.

must be a true copy of the signed original

to meet the CCA

and even then it prob wont do for court.

 

 

as post 9 then

no need to write to anyone.

[flower2]

Thanks

[flower2]

Well after over a year and Lowell's been very quiet

 

I have now received a Letter of Claim from their solicitors.

(Sent in accordance with the Practice Direction on Pre-Action Conduct & Protocol)

 

I have 30 days to respond.

 

I still have not received the CCA just a list of payments made between Dec 2010 & Sept 2012

 

Any advise would be greatly appreciated as to what I need to do now.

[dx100uk]

inc a new CCA with the form detailed in the last post here

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

[dx100uk]

when was you last payment date?

[flower2]

I have a letter dated Sept 2015 from Lowell stating that Lloyds have advised that a credit agreement is no longer available due to the length of time since the account was opened, so do I still need to request again and pay again?

[flower2]

Sept 2012 last payment

[dx100uk]

send a copy of the Lloyds letter then with the PAP reply form

[flower2]

Thanks will do. The letter is from Lowell not Lloyds

[flower2]

Lowell has closed the account

[dx100uk]

hey well done

 

glad to help

should be off your credit file now too?

 

 

please consider a small donation

 

dx

[Guest]

nice one