SLL Capital

[carlos1867]

On their correspondence they state original debt was £185 and now stands at £155, indicating a payment was made. Going to ask for confirmation of this, but something nagging in my head there might have been.

Will post agreements up later when in from work. Thanks for the assistance

[carlos1867]

Sorry, solicitors are acting for SLL, Moriarty Law.

[carlos1867]

Hi all

So, looking to bring this post back to life as i’ve recently received further correspondence from Moriaty Law.

In this they have enclosed an ‘original agreement’, a ‘letter of assignment (albeit not on any company letterhead and unsigned), default notice and statement saying a payment of £30 was made in 2014.

I’ll attempt to upload the documents and any comments would be appreciated.

From my point of view, I’m guessing it’s whether the original terms are legal and valid and potential issue around the default notice? This was issued in 2018 when by sLL when I’m assuming normal process would have been for this to be done by the original lender in 2013?

Thanks in advance

[Amethyst]

https://legalbeagles.info/forums/fil...tch?id=1402898
is the DN

An assignee can issue the DN if the OC didn't default the debt before sale which in your case it doesn't seem that they did and as speed e loans went into admin the loan was sold live before default.

[carlos1867]

Hi

Thanks. Yes that was the DN (which they had sent previously). Have not kept any paperwork or correspondence from that time, but assuming no way of finding out if OC would have issued a DN prior to going in to administration.

[carlos1867]

Additional docs received

[Amethyst]

The agreement terminated on 27/1/2012

Assignment 16/10/2013

The default notice is dated 24/4/2018 ... pt2537 - can they do default over 6 yrs after the agreement ended ?

Were there any rollovers etc ?

do you have any evidence from your side that a payment was made in 2014 ?

The total amount payable on the agreement is £326 so how is the amount at default £153 if you only made a £30 payment - or were there other payments in between ? You mentioned you thought last payment was April 2012 - do those payments pre SLL show on the transaction list they sent ?

[Amethyst]

Did you blank these bits out or is that how it came?

[Amethyst]

Sorry also...



and the terms and conditions ...... ? what's after that and did they provide those ?

[carlos1867]

No need to apologise! Nothing following terms and conditions and these weren’t provided.

I didnt blank out parts re interest payments, that’s how the document came.

no evidence from my side a payment was made in 2014, but not 100% saying there wasn’t one. Nothing has been sent in reference to any payments made prior before SLL were involved

[pt2537]

YOU WHAT?????????????

[pt2537]

Its a fixed sum loan that expires at the end of the term

A DN isnt needed, so they can whistle, due and payable on expiry

[Amethyst]

Nice one.

Now to figure out if you actually did make a payment in 2014 as alleged .... have they given you the date that alleged payment was made? Would you normally have paid by card on the phone ? Can you ask your bank to check around the date alleged if a payment was made ? Would have to have been to SLL Capital as they took it over end of 2013.

[carlos1867]

Yeah they’ve given a specific date in June 2014. I’ve changed banks since 2014 so will go in to a branch on Monday and see if they can give any details to confirm (would imagine should be fairly easy to check a specific date on my old account).

I would have paid by card over the phone if any payment had been made.

[Amethyst]

This shouldn't be on your credit file either btw regardless of whether you made a payment in 2014 - it ended in 2012 and that end date is when it should have been reported as defaulted for CRA purposes - they can't just realise they forgot and send an irrelevant DN over 6 years later and start reporting as a new default.

The agreement isn't complete so is non compliant with the cca request thus unenforceable as it stands.

If there was no payment in 2014 then it'd also be statute barred.