follow up to prove it letter s77/8

[spursdebs]

Not sure if I am in the right forum.

This is an old debt which has been sold on several times a little history it was originally a loan with Lloyds taken out in 2003, when my family member whose loan it was had a heart attack and his PPI would not pay out he defaulted on his payments and it was sold on. I arranged a nominal monthly payment for him to pay which we have not missed a payment.

I received a letter couple of weeks ago from GMS Legal Services saying they were acting on behalf of
Zestdrew c/o Lehmans Brothers who I know went into administration in august 2013

I sent of a prove it letter asking for copy of agreement and giving them 12 business days to respond and £1.

I have received a letter back saying thanks as soon as we have the information we will send it to you, this arrived this morning the 12th day.

I have followed it up with a letter back citing CCA act 1974 s77/8 and giving them 14 days to respond.

I have not done this before, I just want to check if that's that now, they can't enforce the debt so I can tell my cousin not to worry any more, which would be welcome news as he has just come out of hospital after his 4th heart attack.

Thanks Deb

[mystery1]

Re: follow up to prove it letter s77/8

A breach of s77 is curable.

Did you complain or have a cause for complaint regarding the ppi refusal ?

M1

[FlamingParrot]

Re: follow up to prove it letter s77/8

Not sure if I am in the right forum.

This is an old debt which has been sold on several times a little history it was originally a loan with Lloyds taken out in 2003, when my family member whose loan it was had a heart attack and his PPI would not pay out he defaulted on his payments and it was sold on. I arranged a nominal monthly payment for him to pay which we have not missed a payment.

I received a letter couple of weeks ago from GMS Legal Services saying they were acting on behalf of
Zestdrew c/o Lehmans Brothers who I know went into administration in august 2013

I sent of a prove it letter asking for copy of agreement and giving them 12 business days to respond and £1.

I have received a letter back saying thanks as soon as we have the information we will send it to you, this arrived this morning the 12th day.

I have followed it up with a letter back citing CCA act 1974 s77/8 and giving them 14 days to respond.

I have not done this before, I just want to check if that's that now, they can't enforce the debt so I can tell my cousin not to worry any more, which would be welcome news as he has just come out of hospital after his 4th heart attack.

Thanks Deb

They can't enforce while they are in default of a CCA request (if that's what you sent, as opposed to a "prove it" letter). :noidea: That doesn't meant "that's that", because they can respond with a copy of the agreement at any time. They may not be able to find anything, or they may not have a properly executed agreement, you just don't know until you hear from them again.

[spursdebs]

Re: follow up to prove it letter s77/8

Hi yes PPI reclaimed back, on the grounds he was self employed and not suitable, that was after I tried for a year to get them to pay out on it for him.
Countless medical reports etc but not they would not pay it. So when all the PPI miss selling hit the news several years later I managed to claim it back for him.

What might be GMS next move ? I assume when Zestdrew when into admin they job lot of accounts of really cheap to GMS?

He was paying £10 a month on a £10,300 debt, which is not a bad result on that debt, but I decided to challenge it as the previous company know his medical history know he can't work again and I thought I would have ago at it.

Deb

[spursdebs]

Re: follow up to prove it letter s77/8

They can't enforce while they are in default of a CCA request (if that's what you sent, as opposed to a "prove it" letter). :noidea: That doesn't meant "that's that", because they can respond with a copy of the agreement at any time. They may not be able to find anything, or they may not have a properly executed agreement, you just don't know until you hear from them again.

Thanks I will await for their next letter and take it from there.Yes I sent them a CCA request, sorry my brain is tired lol

[FlamingParrot]

Re: follow up to prove it letter s77/8

Hi yes PPI reclaimed back, on the grounds he was self employed and not suitable, that was after I tried for a year to get them to pay out on it for him.
Countless medical reports etc but not they would not pay it. So when all the PPI miss selling hit the news several years later I managed to claim it back for him.

What might be GMS next move ? I assume when Zestdrew when into admin they job lot of accounts of really cheap to GMS?

He was paying £10 a month on a £10,300 debt, which is not a bad result on that debt, but I decided to challenge it as the previous company know his medical history know he can't work again and I thought I would have ago at it.

Deb

They will have to get the documents from the original creditor, they may or may not have them, they may or may not be compliant.

You are right to challenge it, :thumb: but you'll have to wait a bit longer to find out what they can produce. It may be wise to continue making the £10/month payments till you ascertain whether they have the paperwork to make it enforceable or not. As payments are being made, the statute barred clock hasn't even begun to tick yet so no point in stopping payments till you have more information. :clock:

[FlamingParrot]

Re: follow up to prove it letter s77/8

Hi yes PPI reclaimed back, on the grounds he was self employed and not suitable, that was after I tried for a year to get them to pay out on it for him.

Was this paid out to him and not used to reduce the outstanding balance?

[spursdebs]

Re: follow up to prove it letter s77/8

Was this paid out to him and not used to reduce the outstanding balance?

Was paid out to him, I can only assume as debt had been sold on years ago.

As for continuing to pay it, now its a completely different company account number and sort code? So is it worth doing that ?

I am doing a Statute barred defence ( for want of a better word) on an MBNA for him 5 years down just under 1 more to go !

Deb

[FlamingParrot]

Re: follow up to prove it letter s77/8

Was paid out to him, I can only assume as debt had been sold on years ago.

That was lucky! :clap2: :clap2: :clap2:

As for continuing to pay it, now its a completely different company account number and sort code? So is it worth doing that ?

Up to you, you say you've been paying this for years, hence the idea to continue payments, but only till you get a response to the CCA request to see what they have. If it turns out to be unenforceable, I'd stop making payments, in fact, that's what I've been doing :grin: and got just over 2 years to go to SBd :clock:

I am doing a Statute barred defence ( for want of a better word) on an MBNA for him 5 years down just under 1 more to go !

Deb

You mean you are challenging an MBNA account as unenforceable? Same here! No CCA available, last paid Jan 2010, not heard a peep for 2 years, as far as I know, never been sold, which is a real shame, as I also had PPI... :sad:

[spursdebs]

Re: follow up to prove it letter s77/8

That was lucky! :clap2: :clap2: :clap2:

Up to you, you say you've been paying this for years, hence the idea to continue payments, but only till you get a response to the CCA request to see what they have. If

it turns out to be unenforceable, I'd stop making payments, in fact, that's what I've been doing :grin: and got just over 2 years to go to SBd :clock:





You mean you are challenging an MBNA account as unenforceable? Same here! No CCA available, last paid Jan 2010, not heard a peep for 2 years, as far as I know, never been sold, which is a real shame, as I also had PPI... :sad:

I have sent the CAA request they replied" updated your file " they did not send me the information requested.
My feeling is "sod them" I am not going to pay it, they have no idea where the person is they only deal with me as I hold power of attoney for him.


If Lloyds the original owner of the debt had played fair to begin with I might take a different view and as they have sold it on several times and it is such an old debt the chances of getting it all are slim. I am going to start the statuate barred clock!

Well this is a different story same person involved same circumstances, now nothing paid on this account for over 5 years no letters answered no phone calls answered. Debt also not sold on like yours.They would not accept my power of attoney to deal with them kept saying it wasn't legal and of course it is, so sod them as well.

[FlamingParrot]

Re: follow up to prove it letter s77/8

I have sent the CAA request they replied" updated your file " they did not send me the information requested.
My feeling is "sod them" I am not going to pay it, they have no idea where the person is they only deal with me as I hold power of attoney for him.

If Lloyds the original owner of the debt had played fair to begin with I might take a different view and as they have sold it on several times and it is such an old debt the chances of getting it all are slim. I am going to start the statuate barred clock!

Well this is a different story same person involved same circumstances, now nothing paid on this account for over 5 years no letters answered no phone calls answered. Debt also not sold on like yours.They would not accept my power of attoney to deal with them kept saying it wasn't legal and of course it is, so sod them as well.

I couldn't agree more!

[spursdebs]

Re: follow up to prove it letter s77/8

"Well this is a different story same person involved same circumstances, now nothing paid on this account for over 5 years no letters answered no phone calls answered. Debt also not sold on like yours.They would not accept my power of attorney to deal with them kept saying it wasn't legal and of course it is, so sod them as well."

After going through the file the MBNA debt was sold on ages ago, but still no contact acknowledge etc so still the same plan!

[FlamingParrot]

Re: follow up to prove it letter s77/8

"Well this is a different story same person involved same circumstances, now nothing paid on this account for over 5 years no letters answered no phone calls answered. Debt also not sold on like yours.They would not accept my power of attorney to deal with them kept saying it wasn't legal and of course it is, so sod them as well."

After going through the file the MBNA debt was sold on ages ago, but still no contact acknowledge etc so still the same plan!

Out of interest, who was it sold to? Arrow? They bought almost every MBNA account in 2012 (except mine, I've never received a NoA).

[spursdebs]

Re: follow up to prove it letter s77/8

Out of interest, who was it sold to? Arrow? They bought almost every MBNA account in 2012 (except mine, I've never received a NoA).

Yes Arrow.

I have been discussing it all this morning y with him, and said even if I negotiate with the new debt company a minimal amount to pay, in 6 months the letters will start again about paying more,and they will move the goal posts again, so the SBD clock has started!

Deb

[FlamingParrot]

Re: follow up to prove it letter s77/8

Yes Arrow.

I have been discussing it all this morning y with him, and said even if I negotiate with the new debt company a minimal amount to pay, in 6 months the letters will start again about paying more,and they will move the goal posts again, so the SBD clock has started!

Deb

Any negotiation, repayment offer or settlement proposal would amount to acknowledgment of the debt and reset the clock. :clock: That's the last thing you guys would want to do after 5 years, when there's just a few months left till final curtain. :scared:

"Well this is a different story same person involved same circumstances, now nothing paid on this account for over 5 years no letters answered no phone calls answered. Debt also not sold on like yours.They would not accept my power of attorney to deal with them kept saying it wasn't legal and of course it is, so sod them as well."

After going through the file the MBNA debt was sold on ages ago, but still no contact acknowledge etc so still the same plan!