Lowell Group chasing for old Lloyds loan.

[Willisa1]

Dear Great People

Please help Lowells Group are chasing me for a
personal loan from lloyds that they claim they have brought. I'm 100% sure I paided this loan however I don't have any proof. They brought the debt in 2015. The loan was taken out in 2012.

They are threatening a CCJ, please help.
I want to send them a 'prove it letter' but I can't
find the template.

[nemesis45]

Re: Lowell Group chasing for old Lloyds loan.

Dear Great People

Please help Lowells Group are chasing me for a
personal loan from lloyds that they claim they have brought. I'm 100% sure I paided this loan however I don't have any proof. They brought the debt in 2015. The loan was taken out in 2012.

They are threatening a CCJ, please help.
I want to send them a 'prove it letter' but I can't
find the template.

Good afternoon, welcome to LB.

Which company in the Lowell Group is handling this?
Is what they have sent a " Letter Before Claim"?

How much is being claimed?

What was the term of the Loan?

How were you paying the installments, would it be possible to check back on payments?

I suggest the first thing to do as a matter of urgency is a CCA Request for a copy of the agreement for the loan ( there's a template in the green short cuts box above) a £! statutory fee has to be paid use a postal order endorsed " For Statutory Fee" on both sides copy it and keep the copy for your records. Lowell has 12 + 2 working days to comply. You cannot ask for any other documents with this request.

Check your credit files ( Noddle is Free Online) there should be some clues on dates there.

nem

[Willisa1]

Re: Lowell Group chasing for old Lloyds loan.

Nem

Many thanks for your reply, I can't find the template letter, can I get a postal order from the post office ?

[Kati]

Re: Lowell Group chasing for old Lloyds loan.

Nem

Many thanks for your reply, I can't find the template letter, can I get a postal order from the post office ?

CCA request template can be found here - http://legalbeagles.info/forums/show...y-of-Agreement
yes ... Postal Orders can be bought from the Post Office http://www.postoffice.co.uk/postal-orders (there is a 50p charge for them) xx

[charitynjw]

Re: Lowell Group chasing for old Lloyds loan.

Hi Willisa1

Don't forget proof of posting.......SignedFor post can be tracked.

[Willisa1]

Re: Lowell Group chasing for old Lloyds loan.

Thanks very much for the advice.
I've followed your advice, what happens if they can't find the original CCA, can they still get A CCJ against me.

[nemesis45]

Re: Lowell Group chasing for old Lloyds loan.

Thanks very much for the advice.
I've followed your advice, what happens if they can't find the original CCA, can they still get A CCJ against me.

Good morning,

It is possible a "reconstituted "agreement could be produced in an attempt to satisfy a CCA request but that does not mean it will viable in court.
If no agreement can be found then the debt cannot be enforced until the agreement is found.

If the claimant does not respond to a defence because it does not have the agreement the court will stay ( suspend) the claim.

nem

[Noah]

Re: Lowell Group chasing for old Lloyds loan.

Thanks very much for the advice.
I've followed your advice, what happens if they can't find the original CCA, can they still get A CCJ against me.

Willisa1
To answer your question, if they can not find the actual original agreement they can compile an accurate or 'true' copy of the agreement from other sources so that it would be the one you would have signed. As long as that is a true reflection they can enforce through the courts as it fulfils their S78 request.
I can see no reason whatsoever why a valid recon that satisfies the S78 request would not satisfy a judge

I am sorry to say that if the debt had been older , pre April 2007 it may have been a different matter but for an account so new it is unlikely.

However, all is not necessarily lost as there should be a compliant default notice and a compliant notice of assignment and I think regular statements. Statements and NOA can be fixed but if the default notice wasn't compliant and the account has since been sold on it can't be fixed. On the other hand, depending on the defect , some judges are willing to overlook them and still rule in favour of the claimant.

Every case is different