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PRA PAPLOC Now Claimform - Old LLoyds OD


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I’ve had a few debts I’ve been trying to sort over the last couple of years, and with the help of this forum I’ve successfully managed to win a couple of court cases with Lowell.

 

However, just over a year ago they managed to get a ccj through by lying about my address.

I even phoned them up and they admitted to it on the phone but said there was nothing I could do about it.

I gave in and agreed to pay them £5 a month, and have been doing this ever since. 
 

I then took some advice from my union, and was recommended to get a debt relief order to get rid of everything and start again.

However even though they were really helpful, they were so busy that it just hasn’t happened.

 

When this was recommended I changed my bank, but I’d had an overdraft with my old bank, with ludicrous daily fees that I couldn’t afford, which I ignored.

They passed this onto a debt collection agency and I’ve just received a letter before action from them and I don’t know what the best next step is.

Could anyone help me and advise please? 


thank you! 

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How much is the overdraft ...which Bank and which DCA ?

 

Andy

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And the LBA you have received is like the following ...?

 

Topic moved to Lloyds Bank.

 

Topic title updated

 

Andy

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  • Andyorch changed the title to Letter Before Action Old Lloyds Overdraft PRA

Yes, it is, thank you! I’m so sorry I’d hunted for just this information but couldn’t find it, I was looking for the wrong name I think! 
 

So I’ll get that letter sent ASAP. I don’t know what reason to give as to why I dispute the debt though. I couldn’t afford the daily fees and fees my family, so a couple of times I increased my overdraft to cover the short fall that the fees caused. And changed bank to escape the fees..

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so post 3 in that thread is the one you need.

don't forget use OUR FORM, not the ones sent by the DCA.

 

i would suspect that most of the debt is lloyds own doing by levying disproportionate penalty OD fees and the interest those caused.

 

get an sar running to lloyds 

get all the statements direct yourself from lloyds from day one..

 

when did you take this A/C out please?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok I’ll send those.

The account dates back to, I think 2007, it could have been a year either side though

 

thank you 

 

Just to clarify, I send the form back to PRA, not Lloyd’s, that’s right isn’t it?

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PRA   they sent it to you...what date did you last actively use the account.....made  a payment or deposited funds?

We could do with some help from you.

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Okay so a while yet until it reaches statute barred.

We could do with some help from you.

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  • 1 month later...

Hi,

I've been trying to sort my finances out over the last couple of years, and this site has helped me no end. I posted for advice a couple of months ago after receiving a letter before action for an old Lloyds overdraft. I was advised to send off letters, which I did, and I got no response. I've hunted through and cannot find my proof of postage for these. I've been working from home and with a family as well it all got a little frantic, so they may well turn up but as it is I don't have them. 

 

I received 2 claim forms within a couple of days of each other, and one is for the Lloyds Overdraft. I was wondering if you could help to advise me with this, and how to proceed please. I have read the advice threads that you have, and have the CPR 31.14 ready to be posted first thing in the morning. I'm confused though, as it doesn't mention a default notice, should I mention that? Should I send another letter to the bank requesting all of my old statements?

 

Also, I will fill in your form here, but I wanted to add that the court claim states that I opened my overdraft account in 2007. This isn't true. I opened a basic account in 2007, it wasn't my main account at the time, and it was literally to separate money for my forthcoming wedding. I then used it for years, started using it as my main account but was happy with it as it was, before I upgraded to a current account, which I only did maybe 3 or 4 years ago. I only took out an overdraft at all a couple of years ago, and it killed me financially, so i changed banks.

 

I'd read a thread on here about them which suggested doing just that and then waiting until a debt collector buys the overdraft, then deal with the debt.

 

I was unaware until I received the letter before action in the summer that it had been bought by a debt collector.

I also submitted a claim a few years ago for excessive bank charges, but I never heard back from them.

 

My partner also submitted a claim for these, and hers was acknowledged and out and out denied. At the time we were not aware that we appealing this was worth doing.

 

Here is my form

 

Name of the Claimant ?

PRA Group

 

Date of issue – 04/09/20 

 

Date  to acknowledge - 22/9/20 

 

Date to submit defence = 06/10/20 

 

Particulars of Claim

 

What is the claim for –

 

1.claimant claims the sum of £1700 for an outstanding deb owed.

 

2.On 10/04/2007 the Defendant entered into an agreement with Lloyds Banks for an Overdraft Account under reference 123456789.

 

3.On 01/12/2019 the Defendant defaulted on the agreement with an outstanding balance of £1700.

 

4.On 10/01/2020 the debt of £1700 was assigned to PRA Group. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS 1. The sum of £1700

 

What is the total value of the claim?  £1885
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? If this is the letter before action, then yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
 

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft
 

When did you enter into the original agreement before or after April 2007 ? On 10th April 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I can't honestly remember
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I wasn't aware until I received the letter before action a couple of months ago
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? The overdraft fees were killing me
 

What was the date of your last payment? About July 2019
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Not officially
 

 

Thank you in advance for your help

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There are two versions of the CPR 31.14 Bob...one for current accounts and the other for normal loan/credit cards.

It does refer to a default notice.....different name for current accounts.

 

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

You must acknowledge service by next Tues  22nd Sept 4.00pm

 

Andy

We could do with some help from you.

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Oops, I didn't realise that! I clicked on them both, I thought they were the same, I'll go and check again that I've filled in the right one before I post it tomorrow!

 

Should I send another SAR to LLoyds?

 

Yes, I got the right one, thank you!

 

Thank you. I've acknowledged service with MCOL already

 

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Its your choice to DSAR Lloyds...but it will be of little assistance in defending the claim.....PRA dont want to know about charges from Lloyds.

We could do with some help from you.

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

 

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Oh, right. I thought I needed them because of bank charges. I still might hear back from them from a couple of months back, but its not looking likely now after all this time. I'm assuming my letters got lost with the covid delays

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Its possible to introduce it later into the process if its an ongoing claim.....you have the amounts and totals and dates ?

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

 

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No harm in DSAr then...may be through in time now its 30 days

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 The National Consumer Service

 

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  • dx100uk changed the title to PRA PAPLOC Now Claimform - Old LLoyds OD

threads merged for complete history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Please help me here, I'm in a panic, I've been working on my defence and was coming here to ask if it was ok to submit, but when I've looked back at this thread i'm late submitting it. I thought I had until 16th October, and this says it needed doing by the 6th. Is there anything here I can do?

 

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should be ok only a few days late

have you a defence ready to go

lets check it..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you, and sorry, I've been at work, but this is my defence that I have drafted, if you don't mind checking through it for me, any advice would be really appreciated! And I will try to submit it asap

 

POC

 

1.claimant claims the sum of £1700 for an outstanding deb owed.

 

2.On 10/04/2007 the Defendant entered into an agreement with Lloyds Banks for an Overdraft Account under reference 123456789.

 

3.On 01/12/2019 the Defendant defaulted on the agreement with an outstanding balance of £1700.

 

4.On 10/01/2020 the debt of £1700 was assigned to PRA Group. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS 1. The sum of £1700

 

The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. Paragraphs 1 and 2 are denied. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Lloyds Bank. 

 

2. Paragraph 3 is denied. Due to punitive and extortionate fees the facility became untenable. Any alleged balance claimed will consist totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999. The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges.

 

3. Paragraph 4 is denied. The Defendant is not aware of ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Therefore the claimant is put to strict proof to:

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and Conditions of inception that this claim is based on

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA 1974 Demand / Recall Notice and Notice of Assignment.

(c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how they have complied with sections III and IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim The Defendant requested documentation by way of a CPR 31.14 request. The Claimant has declined to comply with this request.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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looks ok to me.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Your defence was due last Tues 6th Oct by 4.00pm.....:-(

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 The National Consumer Service

 

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

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