My wife had a Lloyds credit card back in 08th June 2007.

Account Terminated 12th February 2009.

This debt was never acknowledged by my wife at the time nor has she acknowledged this since.

There is nothing on her credit file regarding this outstanding £2,463.99.

We have checked back to when they are claiming the last payment was made and we cannot find any evidence of this at all.

Am I correct in thinking that this is statue barred and both Cabot and Reston's are chancing their arm by trying to frighten her into paying this amount?

They are threatening her with a ccj if she does not pay the full amount by 9th December 2016.

What would you guys advise as I want them gone and out of her life.

Many Thanks

Julie

phantom payments come to mind send a letter telling to prove it how/when/how much/by what method

We have checked back to when they are claiming the last payment was made and we have found out that her father contacted the company at the time and offered them £5.00 per month

(this was without any authorisation from my wife at the time neither written or verbally)

The payment was also made from her fathers account not from hers.

We have asked her father if this is correct and he has confirmed this and sent a copy of the payment coming out of his account.

Am I correct in thinking that this is staute and barred or there has been a breach of data protection and both

Cabot and Reston's are chancing their arm by trying to frighten her into paying this amount?

Any advice would be really appreciative, this letter landed which has totally ruined her day.

Julie

who is now collecting on it.

when exactly was the last payment after that termination.

Hi Ford,

The last payment was May 2015 for £5.00, however this was from my wife's fathers account not her's.

Cabot were collecting on it and they have now sent it to reston's , which their letter arrived through the door today

Hi Ford,

 

The last payment was May 2015 for £5.00, however this was from my wife's fathers account not her's.

ah.

the issue then, as you note, wld be whether it was in knowledge/ etc

who is collecting, loyds or sold on to a dca.

posts merged to your own thread

unauthorised payments by a third party do not reset the statute barring

dx

Hi Dx,

So am I correct in reading that I can still send them a statue and barred letter or is it slightly more complex than that?

Many Thanks.x

Its cabot and restons. Theyre lying. Theyre well known for lying.

Hi Renegadeimp,

I have seen the bank statement that the payments had been made from.

However at no point was any authorization from my wife given for her father to act on her behalf and contact the debtor.

Hi Renegadeimp,

 

I have seen the bank statement that the payments had been made from. However at no point was any authorization from my wife given for her father to act on her behalf and contact the debtor.

how did he get involved with it then (is just something that may end up being asked if it ends up going the distance)

also, she must have been getting statements/correspondence since payments began (which you said was around the termination).

my wife at the time had been in a relationship where the other party had wracked up a load of debt in her name.

It was raised with the police fraud dept's ect but they advised that because it was two women they could not prove who had spent what.

Lisa's father is a financial adviser and took control of her finances and she never saw her or had direct access to her wages without needing to ask her dad for some money and then having to explain what it was for ect ect.

Because he is also her employer he out her wages into his account and he took control of things.

This was only stopped once we met and I said that it was not normal and that she should have access to her own money.

Her father wrote to said company and advised for all correspondence to be sent to him, to which as far as I know the companies did.

well cabot/reston don't know the history

so don't tell them anything.

its not outside of the realms of reality that they could well wij a case being with what you are describing

as I doubt it could be proved that she didn't realise what was going on.

but sadly financial advisors do these things when they think they are the ultimate authority

whereby many have very strange views on the legality of some debts.

I would not be sending them anything.

let it run

if it ever did get to court then SB'd could be used to kill the debt dead

as the payments were not authorised

they'd need a signed letter by her authorising the payments

and her fathers actions

tricky one then

an issue of a bank/dca dealing with someone else other than the acc.

whether there was any knowledge/authorisation (sometimes things can be implied/acquiesced if there was any deemed knowledge)

etc

hope the bank account was not in her name the payments were made from?

She is just on the phone to her dad now asking him to send everything over to her so I can see exactly what he has done

No the Bank account was in her mum & dad's name not her's.

well they'd need a signed letter by her stating her father has financial control.

end of IMHO.

dx

Hi dx100,

How would suggest that we proceed with this, Lisa has worked very hard indeed to get her credit file back in good order. The last thing she/we need is for these people to damage it again. They frighten Lisa however they don't frighten me

well unless they get a CCJ by the backdoor

they cant harm her credit file

IMHO the debt is statute barred.

and you would defend as such should that happen.

they would be put to strict proof upon how/who/when what account the payments came from.

and ofcourse if that was not n account number that she had

they wont know who owned the account.

and again

even if they prove that

they would still need a signed letter of authorisation by her for her father to act for her.

and I bet that doesn't exist!!

they've seen £2500 outstanding and rubbed their hands together.

I take it he was blindly paying these debt collector on her behalf?

dx

quite, a dca etc shldn't blindly be dealing with a third party.

Yes you are correct her father has confirmed that he wrote to them advising them of her finicial status and offered them the £5 per month. At no point was a letter signed by Lisa giving her father authority to act on her behalf.

Would you suggest that we send a statute and barred letter to both parties (Cabot and Restons) or wait and see what happens?

no don't send them anything

a copy of that letter would be nice for your arsenal mind.

cause if they do issue a claimform

you'd use the SB defence

then when it came to the time, IF they progressed it

then that letter will really harm them

as they have broken several data protection rules for a start!

they'll drop any claim like a hot brick.

reston might be stupid

but they are not THAT stupid.

you could even hit them with a compo counterclaim me thinks?

that's a serious error.

Hi dx100, thank you for your advice.

We will have a copy of the letter along with every other piece of correspondence that her father sent/received.

We are just waiting on the documents to be sent over to us via e-mail.

we have just had everything sent over by Lisa's father and there was definitely no letter of authority signed or sent by Lisa to allow him to act on her behalf.

This payment agreement was originally set up with Lloyds debt dept directly and at that time it was not at a dca level.

Will this make any difference to her case?

oh yes even worse for the DCA.

as they'll have one hell of a job to get any of that info out of the bank

as the bank will realise they made a blunder and will have lost all documentation

probably the reason why they sold it on them.

lemon debt.

so the payments were blindly continued and changed to the DCA after legal assignment/sale from Lloyds...oh dear

I knew some financial advisors were bad but that sorry, is terrible management of debts.

sadly most FA's and even most of the debt management companies free or otherwise

just blindly believe the debt is legally owed and blindly advise to cough up.

Hi,

I hope you all had a great Christmas and New Year.

Restons have actually sent her court papers for this alledged debt.

Can someone please assist me in what I need to do now as there is a time limit on the court papers.

I have never had to deal with one of these claims before so I am a little confused as what I need to do next for this claim against my wife.

I have just registered onto the court online service and went to defend the claim in full,

however I cannot get any further as there is no defence pack password provided with these alledges forms.

UNFORTUNATLEY i have found it