Default notice and affordability

ayupmeduck

So I had a loan with lendable for £5000 and made 3 payments before I could no longer afford it. It has since been sent to Lowell and each company have issued different defaults on my credit file.

Lowell say I need to send them evidence that their date is wrong as they don't think it is. 

I had done a SAR request to Lendable which produced my application, their checks, correspondence, and multiple 'NOTICE OF SUMS IN ARREARS' letters. I don't see any actual default notice or an actual default date anywhere. 

Lowell have just sent me what they have on me, 177 pages! 90% is just computer print outs with a CCA for another account & letters for this same account. 

I also did an affordability complaint which came back as part in my favour part in theirs (I'd had the money so such pay it back etc). Meaning they have to remove any interest added and any payments already paid. 

What is my next step? The Ombudsman say that Lendable should be informing Lowell but Lendable are not responding to anyone. 

Does the fact that Lowell don't appear to have the CCA help at all?

sourcrates

ayupmeduck said:

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Does the fact that Lowell don't appear to have the CCA help at all?

Debt is unenforceable without it!!

fatbelly

Do a formal request under s77-79 of the CCA, and the debt is unenforceable until they comply.

I would say that helps.

EssexHebridean

If you check the pinned posts at the top of the board I think you will find a template letter to deal with this. Do be sure to insert all the information relevant to your own matter where shown!