Jump to content


  • Tweets

  • Posts

    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
benq

PRA PAP Letter of Claim - old Joint LLoyds OD account

Recommended Posts

Hi All,

 

PRA have been sending letters for a while asking to repay this debt.

I don't deny the debt, i want through some financial difficulty and couldn't afford to pay. 

 

At one point they offered 30% off.

But now I have this letter and the threat of court action seems very real.

What can I do now?

 

Ideally i would borrow the money from a relative and pay the 30% off number they came to me with.

If i go to them with this I think they will say 'stuff you we want the whole lot'.

Does anyone have any advice?

Share this post


Link to post
Share on other sites

Hi there, thanks for the quick reply.

 

It looks to be a standard letter:

We write to you advising acocunt has been xferred to legal dept.

This is a letter before claim as required by practice direction on pre-action conduct and protocols contained in the civil procedure rules. This letter is teh formal demand for £2500 and to give you notice of PRA intention to take you to court.

The sumn owed is the original debt of £2500 plus interest of 0 and fees of 0

Since you did not repond you have become liable for the sum of £2500

 

Then there are some sections with boxes to fill out

Section A

I owe the debt OR

i owe some but not all of it OR

i dont know whether i owe teh debt OR

I dispute the debt

 

Section B

I will pay what i owe now OR

i will pay but i need time to pay

 

Section C

I intend on getting debt advice

 

Section D

I have provided documents OR

I need more documents or information

 

The debt was to Lloyds Bank now with PRA for around £2500 for an overdraft. We entered into an agreement with Lloyds to pay £1 per month, then after a year or so they sent us a letter saying they are transferring the debt to PRA group

 

Share this post


Link to post
Share on other sites

whats the original debt type?

who was the original creditor?

it this on your credit file?

what is the defaulted date?

when did you last use/pay anyone?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Thread moved to  Lloyds Bank  forum....please continue to post here to your thread.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

-Can you clarify what is meant by 'debt type'?

-Original Creditor was lloyds bank

-When you say credit file, is that a creit report, like Experian? I'm sure i have seen it on there yes

-Defaulted date was around four years ago. Definitely not over six years ago

-We have a one pund a month standing order set up to Lloyds bank that gets transferred to PRAs account somehow.

Share this post


Link to post
Share on other sites

type of credit card/loan/od?

 

credit file yes noddle clearscore any of them.

 

so you must have had a notice of assignment when Lloyds sold this debt to pra?

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

-This is for an overdraft with Lloyds

 

-We had an overdraft with Llloys, but then moved banks in August 2015.

Obviously you cant take an overdraft to another bank,

so Lloyds asked us to pay back the £2500

 

-We set up a £1 per month repayment scheme in Feb 2016

 

-First letter from PRA is June 2017

 

-Check credit report, and its on there for my wife, but not for me.

 

Dont know if its worth noting:

-This was a joint account between my wife and I.

Lloyd were referencing us both,

but when PRA took it over,

they have only ever referenced my wife.

Share this post


Link to post
Share on other sites

oh dear shame you blindly made those payment

it'll never get statute barred

and now PRA have their teeth in you its very difficult to counter their claim against you.

however, how much of this OD is unlawful OD charges and interest

have you ever sent LLoyds an sar to get all the statements?

 

when did you open this lloyds account


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
Posted (edited)

' it'll never get statute barred '

This is devistating news. We were advised by a debt advice service to set up £1 payments. That has royally screwed us now.

We were hoping all our debts would get statute barred after six years.

 

I did send a template letter to Lloyds, I cant recall what it was for. I'm sure it was asking them to prove the debt is ours type of letter (which we knew it was ours anyway)

I opened the account in 1998.

 

I dont believe any of it is charges and interest, as it was a planned overdraft.

Edited by benq

Share this post


Link to post
Share on other sites

Some of the advice given by these 'Debt advice companies' is really bad.

 

Good advice to SAR Lloyds, all the late payment charges, plus interest on them, once you run them through the interest calculator will probably add up to a very significant amount.

 

 

Share this post


Link to post
Share on other sites

Is there a step by step guide on how to SAR Lloyds?

Share this post


Link to post
Share on other sites

Its all explained in the thread when you click the the word SAR


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Its a joint account, do I fill out the SAR referencing 'we' and 'us' rathe than 'i' and 'my'?

Share this post


Link to post
Share on other sites

PRA have given me 30 days to reply. What if the Lloyds SAR takes longer than that to come back?

Share this post


Link to post
Share on other sites

3.4 If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings, subject to any remaining obligations the creditor may have to the debtor (for example, under the Financial Conduct Authority’s Handbook). Account should be taken of the possibility that a reply was posted towards the end of the 30-day period.

 

---

 

4.2 If the debtor indicates that they are seeking debt advice, the creditor must allow the debtor a reasonable period for the advice to be obtained. In any event, the creditor should not start court proceedings less than 30 days from receipt of the completed Reply Form or 30 days from the creditor providing any documents requested by the debtor, whichever is the later.

 

4.3 If the debtor indicates in the Reply Form that they are seeking debt advice that cannot be obtained within 30 days of their reply, the debtor must provide details to the creditor as specified in the Reply Form. The creditor should allow reasonable extra time for the debtor to obtain that advice where it would be reasonable to do so in the circumstances.

 

4.4 A partially completed Reply Form should be taken by the creditor as an attempt by the debtor to engage with the matter. The creditor should attempt to contact the debtor to discuss the Reply Form and obtain any further information needed to understand the debtor’s position.

Share this post


Link to post
Share on other sites

Thankyou everyone for your help thus far :)

 

On another topic,

the debt was originally from a joint bank account overdraft, for my wife and i.

All the time PRA have been contacting us, its been in my wifes name.

 

I dont know anything about the debt collection world, so bear with me here.

But is this reason to get the whole debt written off?

 

As they technically havent been writing to the corect persons.

I know I'm clutching at straws here.

Share this post


Link to post
Share on other sites

clutching at straws

did you send that sar Friday?

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I've sent it today.

Share this post


Link to post
Share on other sites

Read up on the wording to put in our pap reply attached to post 2 of our pap topic andyorch pointed too

pop back here before the 30 days with it for checking

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Ahh thats fantastic, that was going to be my next question 'How do I fill out the damn PAP'

Share this post


Link to post
Share on other sites

I am making a £1 a month token payment. Should I cease all payments, or continue?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...