Lowell pre legal assessment letter - lloyd loan debt

[jonah062]

Hi

Need some advice.

I have an outstanding lloyds debt of nearly 5k

On my credit report it shows as

Defaulted on 3.12.2010.

Lowells have bought this debt and have recently sent me three letters that last which came today a pre legal assessment letter stating that, if I do not contact them they will look at my credit file to decide what action they take.

As it is a matter of 5 weeks or so before this drops off my credit file , would they be able to take me to court in this time?

 

Any help on this would be much appreciated.

[unclebulgaria67]

Yes they could issue a court claim if they wanted to. They issue a lot of claims.

 

What type of debt e.g loan, credit card or overdraft ?

 

When did you take out this account with Lloyds ?

 

Is the default date likely to be correct ( they can be wrong sometimes) ?

 

If you can provide a bit more info, then best course of action might be advised.

[Bazooka Boo]

As it is a matter of 5 weeks or so before this drops off my credit file , would they be able to take me to court in this time?.

 

Ha ha, lowlifes and their pre school missive, what colour crayon was it in??

 

If it's due to drop off your |FILE in 5 weeks, then it 'could' already be time barred.

 

IMO, do nothing!

 

You should ignore everything except a proper claim form.

 

These silly pre school missives lowlifes spit out are meaningless, shove it back in the drawer.

 

When did you take this out?

What is it?

 

When did you last acknowledge it?

 

Welcome to CAG too!

[jonah062]

Hi

it was an unsecured loan from Lloyds for 3k

but they made me take out an insurance policy which was about a grand on top .

I suppose the rest of the amount is charges.

 

Took the loan out in 2008 and defaulted in 2009 with them.

The bottom had fallen out of the property market and I couldn't make my repayments.

 

Asked them for the forms to use the insurance policy three times and they just never sent them and just put my overdraft up and up to cover the loan so I refused to pay and told them, to take me to court.

 

Now years later lowells have started writing but. as threre is such a small amount of time left they have started sending the letters

I have not contacted them in any way .

 

What do you reckon my chances are of being statue barred as it comes off on the 3rd dec ?

[havinastella]

When was the last payment?

[jonah062]

I would say mid 2009 to Lloyds. I reckon the default date is wrong but if it went to court I would argue this as I have all of the paperwork in the loft.

[unclebulgaria67]

Hi

it was an unsecured loan from Lloyds for 3k but they made me take out an insurance policy which was about a grand on top . I suppose the rest of the amount is charges.

Took the loan out in 2008 and defaulted in 2009 with them. The bottom had fallen out of the property market and I couldn't make my repayments.

Asked them for the forms to use the insurance policy three times and they just never sent them and just put my overdraft up and up to cover the loan so I refused to pay and told them, to take me to court.

Now years later lowells have started writing but. as threre is such a small amount of time left they have started sending the letters

I have not contacted them in any way .

What do you reckon my chances are of being statue barred as it comes off on the 3rd dec ?

 

You could send them a CCA request, as they won't currently have this and it will take time, therefore they will putthe matter in hold.

 

Also it sounds a bit dodgy having this Insurance forced on you, as the FSA at that time would have told Banks they could not make availability of loans contingent on you taking up the Banks Insurance.

 

And the loan then being added to a current account overdraft again sounds iffy and i wonder what terms you signed up to allowed it.

 

Then you stopped paying in 2009 and the account did not default until the end of 2010. Does not sound correct at all.

 

I would say it is probably already statute barred.

 

Lowells will have noted the default date in December and a lack of response might tempt them into issuing a court claim hoping to gain a default CCJ, as you did not defend. Personally, i might send them a CCA request and see what they come back with.

[renegadeimp]

Ignore them until theyr estupid enough to issue a claim. Then throw the sb defence at them. Read the contents of the letter carefully. It has no real meaning to anyone that knows what theyre talking about. Its basically crap designed to intimidate those who dont know any better.

[jonah062]

That was my plan. Was curious on the time frames between pre assessment letter and court as surely they have to look at my file then write to me with an assessment. wait for a response then isuue a notice that they intend to take me to court .

Is it possible for them to do all this in 5 weeks or so?

I reckon ive probably got a case that's why I told the original creditor to take me to court

[unclebulgaria67]

I am not sure they follow an exact timeline process. Lowells won't have much info on this debt at all. It will just be one line on a spreadsheet. They might issue a letter before action and issue a court claim before the default reaches 6 years.

 

Up to you whether you see wait to see if anything happens and if they issue a claim defend it. Or perhaps send them a CCA requesr, which they don't get back for weeks and they might just realise the debt is a crock of sh*te.

[jonah062]

well I will wait and see what they send next . if they say they are going to pursue it in court then I will request cca hopefully will buy enough time for sb .

[unclebulgaria67]

well I will wait and see what they send next . if they say they are going to pursue it in court then I will request cca hopefully will buy enough time for sb .

 

It should be SB already, given that there has been no action by you since 2009. Banks are not allowed to just add loans to overdrafts, then pile on the charges, leaving it months before the accounts are defaulted. That would not be in line with the account terms and condition or FCA rules on how they should conduct themselves.

[renegadeimp]

What they say and what they do are two different things. have a good read of lowell threads on here and youll see they completely ignore regulation and law and harass and threaten until they get what they want.

[martin2006]

Definatrly send lowlifes a CCA request, they wont have the agreement and it will certainly take you beyond December. Once you have requested this it puts a hold on them taking any further action i.e. Court claim.

If you do not and they issue a claim in the meantime then you run the risk of a judge agreeing the default date is the beginning of the stat barred clock, this does happen because it can be a grey area.

Get yr CCA sent asap and kill it dead before it starts.

[jonah062]

Thanks

So to clarify-

I use the template and adjust accordingly,

send it via recorded

include a blank p/o for £1

and do this now before they send another letter or wait until they tell me they are going to take me to court?

 

sorry for all the questions. I just want to be 100 percent about this and not open a can of worms.

[unclebulgaria67]

Yes.

 

You don't know whether you will receive another letter. It might just be a court claim arriving on your doormat. If you send the CCA request now, i can't see Lloyds providing it quickly. Even if they did, you still have issues about this debt and it probably being statute barred already. Lowells won't issue a court claim wasting money, if you have given them reason to think they would be wasting time and money. There are easier targets to go after.

[Bazooka Boo]

To add further, what you MUST take into account, is the FACT, that these letters DCA's send out, have absolutely NO human input less for the postie pushing them through your door.

 

They are all, printed and spat out by a computer on a regular basis, until such time that the alleged debtor rings the number, THEN, and only then, do they know exactly what stage of the process the account is at.

 

Hence why, you should ALWAYS ignore anything except a court claim, playing their game of letter tennis won't achieve anything.

 

The decision is yours, but it would be IMO highly unlikely that lowlifes would even venture anywhere near a court, with a few weeks to go.

[jonah062]

Just spoke to a family member who's a legal pa (I think)

She is of the same opinion and told me to not do anything unless I get sent a letter of intent then ask for the cca

[martin2006]

I personally wouldnt run the risk of a claimform landing on your doormat just before the account is due to fall off your file.

You have 2 different avenues of advice being offered but the choice of what to do lies with yourself.

[brassnecked]

I personally wouldnt run the risk of a claimform landing on your doormat just before the account is due to fall off your file.

You have 2 different avenues of advice being offered but the choice of what to do lies with yourself.

Think the CCA route is safest, am advising my mate to do a CCA as the account was opened in 2001.

[dx100uk]

what is this

a loan

credit card

or OD?

[unclebulgaria67]

what is this

a loan

credit card

or OD?

 

See post #4

[unclebulgaria67]

If this was an unsecured loan which then became part of an overdrawn current account, if a CCA request is made, this might just confuse Lowell. They might reply saying that a CCA request is not relevant, even though the original debt was a loan.

[dx100uk]

id let it run then

 

 

its already SB'd.

save that and the CCA request for court

if they are stupid enough to file a claim

 

 

send notthing

[jonah062]

Hi

I Have a quick update to this. I waited 2 weeks then received another pre legal assessment letter from llowels, so I sent them a cca request with postal order for £1 via recorded. Got a letter back about 10 days later from their customer services saying that

they have put my account on hold whilst they deal with the cca request. Time has now passed so debt is now statue barred and no longer on my credit file.

So I would just like to thank you all for your help and advice.