PRA PAPLOC Now Claimform - old Joint LLoyds OD account ***Claim Discontinued***

[benq]

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?

[fkofilee]

Woah Woah Woah Woah! Dont jump the gun...

Post up the letter minus personal details and barcodes etc

 

Tell us more about this debt

 

Who?

What?

How Much?

What Happened?

[benq]

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

 

[fkofilee]

This is a Pre Action Protocol letter for debt claim...

 

 

 

[dx100uk]

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

[AndyOrch]

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

 

Regards

 

Andy

[benq]

-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.

[dx100uk]

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

 

[benq]

-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.

[dx100uk]

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

[benq]

' 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 May 17, 2019 by benq

[London1971]

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.

 

 

[benq]

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

[AndyOrch]

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

[benq]

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

[AndyOrch]

We/us.....and both of you sign the request

[benq]

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

[fkofilee]

If you respond - then you get a further 30 days on the PAP Before they are able to start Legal Action...

 

30 Days Serving PAP Letter

30 Days Response For The Creditor / DP To Respond

[fkofilee]

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.

[benq]

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.

[dx100uk]

clutching at straws

did you send that sar Friday?

 

dx

 

[benq]

I've sent it today.

[dx100uk]

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

 

 

[benq]

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

[benq]

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