Prove it letter?

headachesrus

DH and I have written to his old Lloyds account re 3 business loans he had. The loans were sold to us with the insistence they be covered by insurance. We supplied sort codes and account numbers. DH is in a DMP repaying these loans totalling over 30k.

We have today heard from Lloyds that they are not holding any details regarding these accounts.

The debt has been sold on to another company, I don't know who off the top of my head, but can find out.

Should I be sending a prove it letter to them to confirm they have the original documentation?

sourcrates

I think you should send a CCA request, slightly different to the prove it letter.
Template here :


(Your home address)
Date:
To:

Dear Sir/Madam

Account/Ref No:

With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

I/we enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I/we look forward to hearing from you.

Yours faithfully



Your name.

Tixy

If they are business loans then they may not be covered by the consumer credit act.
Does he still have his own copies of the documentation?

May be worth sending a subject access request to see not only what documentation they hold for the agreements but also any evidence of insurance etc.

bennyhill_2

Lloyds were recently able to provide me with a signed CCA from 2004 for a personal loan, unfortunately.

Keep us posted as to how you get on.

Is the business still trading? Is/was it limited?

happy_bunny_2

headachesrus wrote: »

DH and I have written to his old Lloyds account re 3 business loans he had. The loans were sold to us with the insistence they be covered by insurance. We supplied sort codes and account numbers. DH is in a DMP repaying these loans totalling over 30k.

We have today heard from Lloyds that they are not holding any details regarding these accounts.

The debt has been sold on to another company, I don't know who off the top of my head, but can find out.

Should I be sending a prove it letter to them to confirm they have the original documentation?

Lloyds should tell you who they sold it to.

Send Lloyds a SAR.

You could stop paying, let whoever bought it contact you, then see what paperwork they can dig up. If its the original, bingo on the insurance.

headachesrus

Thank you all. Business not still trading and wasn't limited.

He is in a dmp and whoever bought the Lloyds debt is included in those payments. DH will know who they are, just haven't double checked with him.

So if they can't prove the debt do we ask pay plan to redirect the payment to his other debtors?

sourcrates

headachesrus wrote: »

Thank you all. Business not still trading and wasn't limited.

He is in a dmp and whoever bought the Lloyds debt is included in those payments. DH will know who they are, just haven't double checked with him.

So if they can't prove the debt do we ask pay plan to redirect the payment to his other debtors?

Don't know if payplan will endorse this course of action, they may take the responsible high ground, and say you should pay it whatever, I'm just thinking out loud here, think you should find out first if they have the paperwork or not, then take it from there !!

He may have to go self managed if the debt does have some issues.

headachesrus

Thank you again