Need advice desperately.

[kitkateryn]

Hello guys i am new on here and have just been browsing and read a thread about someone who's old bank had sold thier debt to lowell financial and it had been longer than 6 yrs could they still proceed? Well i have also had a letter from the same collection agency stating that they have bought a debt from lloyds of mine from way back in 2001 and have put the address on the letter also. The address they have put on there i never had a lloyds account on to start with but they are quite threatening, and i dont have anything to offer them.
I thought that after 6 years they could not claim from you? I am quite worried as it is the 2nd letter in a matter of 4 days and i dont know what to do. does anyone have any advice how i can deal with this please.
And subsequently cant find the post that had the letter to send to them regarding this lol
Thanks

[maroondevo52]

Hello and Welcome, Kitkateryn.

If you haven't made any acknowledgement of this debt in the previous 6 years, in writing or by payment, the debt is Statute Barred.


Quote:
Originally Posted by Law relating to debts: statute-barred debts

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are

* in simple contracts (credit cards, loans, etc.), 6 years
* in contracts under seal (mortgages), 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.



Letter M in the library is the Statute Barred letter.

Creditors and DCAs - Letter Templates & Budget Planner

Letter N is the CCA request.


Regards.

Scott.

[kitkateryn]

So it is up to me if i pay it or not?? I am sure that it is nearly 8 years as the address that they have given i never had the account there and i still have to old bank statements from the bank i was with at that address!! I am not good with all this technical jargon, knowing my luck if i send a letter saying all long words and stuff they will come back at me with tough i have to pay it or else sort of thing.... thanks for your help, i am going out of my mind with worry. So do you think i should write to them then, i really dont want to call them Also, sorry, as it has now been bought by lowell financial, does that mean that they can pursue it as a fresh thing because they have obviously bought it ffrom lloyds to get it out of there hair. thanks x

[maroondevo52]

Hi,

The first thing to remember is Never speak to these people on the phone. ( They will talk you into selling your Granny).

If the debt is Statute Barred, once you say you will not be paying it, that should be the end of the matter.
The DCA's must stop persuing you.

DCA's buy a lot of old debts and try to intimidate people into paying them.

Send them the Statute Barred letter, then sit back and smile.

Worry not a jot


Regards.

Scott.

[kitkateryn]

Thanks Scott, I know i am almost 99.9% sure that it was well over six years ago, but do you know if there is any way i can be exactly sure before i send this letter to them and make a complete pr*t of myself lol x

[maroondevo52]

Send Lloyds a Subject Access Request

http://www.ico.gov.uk/upload/documen...a_subjects.pdf

Your name and address when you opened the account should be enough for them to find all the data they have on you. You will find out the date you opened the account.


Regards.

Scott.

[saintly_1]

What you could send them is a letter asking for proof of the debt as you arnt 100% sure ...... Its upto the DCA to prove the debt is yours

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully



(Your Name) Print do not sign

See what they come back with

Saint

[maroondevo52]

Thank you saint I was going to say that (not)

[kitkateryn]

Thanks for that, the thing is, i know i owe the debt, just not sure if it is six yrs or longer that i had it, as it was definately not the address they are saying which makes me think it is more than 6 yrs ago, so i think i will do the original letter and hope they dont throw anything back at me. also, i have since got married and have a different surname, so do i print my letter with my name that they have addressed me by or my new surname.. sorry for all the Q's but i am in mid flow of doing the letter thanks again you have all been great in helping settle my mind x

[maroondevo52]

I'd put the name they know you by.

Regards.

Scott.