SLL Capital

[carlos1867]

Hi all, just after a bit of guidance if possible.

Background to the situation is a pay day loan taken out many years ago 2011/2012?) with Speed-e-loans.

Had issues with repayment and then Speed-e-loans went in to administration.

The debt has ended up with SLL Capital and various letters received offering discounts etc.

The last letter I received was a Default Notice dated 23/4/18. Giving me 21 days to pay or formal process would begin, including registering the default with credit reference agencies.

I have a few questions re this:
1) Can SLL record a default, or does this have to be done by the original lender?
2) If it can be done by SLL, can they do this 6/7 years after the event?
3) This debt does not appear on my credit file (due to age). Is there anyway to find out whether Speed-e-loans applied a default previosoly?

Thabks in advance!

[Amethyst]

The default notice is unrelated in reality to the reporting to the CRA. The CRA's are interested in fair processing of data, waiting 7 years to report as defaulted is not fair processing so you'd be able to argue that one.

When did Speed-e-loans go into Admin ? Could this be statute barred ? ( looking it seems Admin went in 09 Jul 2013 - do you know exactly when you last made any payment or acknowlegdment to the debt ? - would it be before May 2012 ? )

[carlos1867]

Thanks for the reply. I can't recall exactly when the last payment was made, potentially it could be more than 6 years ago, making it Statute Barred.

Is it worth writing to SLL asking fr

[carlos1867]

Is it worth writing to SLL asking for notices of assignment etc at this stage?

Its the default that is the most worrying aspect of this. My credit report is due to be rid of any adverse info in the next couple of months, so don't want anything new going on there, especially when it's relating to something from 6 years ago.

[Amethyst]

Yeyyy you got in xxx

If you possibly can, a copy of the 'legal process' and 'default notice' would be good to see exactly where SLL think they are it with the debt. ( remove your personal details - or if that's tricky email me and I'll sort it for you )

Potentially writing to them with stat barred, requesting assignemnt and possibly a CCA request but lets check the position so far and that they aren't just fishing.

Anything much you remember about when you stoped paying etc ? Did anything show on your credit file at all over the last 7/8 years ?

[carlos1867]

I did indeed, thanks for the help with getting in!

Thanks, will look to upload the docs tonight when I get in from work.

From memory, I've got a feeling the last payment may have been April 2012 (which if so, seems very co-incidental they've now looked to issue a default notice!).

i can't specifically recall seeing this on.my credit file over the past few years for this debt. Though the o/s balance is small so may have overlooked it if it was on there

[Amethyst]

Hmm yes it does rather. How much approx is the outstanding balance ?

[carlos1867]

Only £155 is the outstanding balance.

[carlos1867]

(Hopefully) attached is the main part of the corrrspondence

[carlos1867]

Amethyst

Hi, just wondered if anyone had any thoughts or comments?

[carlos1867]

Ok, so think am going to send a CCA request initially and see what response I get. Do we think it would be wise/worth it questioning the date on the default notice and seeing what they say?

[carlos1867]

Sent off a CCA request to SLL and they have replied with a reconstituted copy of the agreement? Is there anything in particular I should be looking out for on this or checking for?

As Speed-e-loans went in to admin, would be no way of obtaining the original to check this against?

Also, the have said the Default Notice was issued as a formal notice for payment, not in relation to credit reference agencies. Is this ok with it being dated and issued 5 years after the loan was taken?

[carlos1867]

Hi all, so to bring this thread back up again, I’ve now received a letter before claim from solicitors dealing with the case.
They have previously sent a copy of the agreement and a default notice.
Would there also need to be an assignment notice to succeed in court?
Would the default notice stand up due to the fact it was issued many years after the account may have originally defaulted? Or would that not matter?
apologies for the lots of questions!

[MIKE770]

Amethyst

[Amethyst]

Isn't this stat barred ?

anything on the credit file ? ( you were worried they were going to start reporting it )

are the solicitors acting for SLL ?

DN https://legalbeagles.info/forums/for...97#post1402897

Can you redact and post the agreement pls