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  1. they are definately a nasty bunch! its a tricky one really do i go down the SB route, even though it may not be SB and hope that they are unable to prove it is not SB. Or do i just pay up and save myself about £900 in interest...
  2. I think so to. My hope is that they dont have any real documentation from Lloyds and have just bought this debt cheap. They seam to be knocking out county court claims a lot at the moment, so its likely I will get one. From what I can see the couple of people on here who has entered a defence has had their claim stayed. Its worth a shot and beats paying them without a fight. I cant afford to have a CCJ on my credit file for 6 years, so i would have to pay in full within a month to have the judgement removed. It would wipe out my savings pretty much but so would paying them before a claim is issued (minus the extra costs of going to court).
  3. no thats what i asked Lloyds in the branch and also over the telephone to the SAR team. They clearly said that an SAR would not provide me with a letter recalling the overdraft. They stated that copies of letters from that far back would have not been kept. All they would have would possibly be computer notes. Therefore how can they prove the overdraft was recalled if they dont have a copy of the letter recalling it.
  4. yes in which case it probably wasnt recalled until August 2006! However, I wonder if the DCA could prove that. No payments made by me since August 2005...surely worth a shot? What else could I do apart from just paying the DCA?
  5. I am going to send it tomorrow, I am still concerned that the limitations act states the 6 years begins on overdrafts after the overdraft is recalled. However nobody at Lloyds could tell me when that was and the woman in the bank said they don't keep letters that far back. I'm guessing the onus is on the DCA to prove the debt isn't statute barred and I'm not sure how they will do that without the correct documentation.
  6. This happened to me earlier on in the year, about 6 searches once a month. You will however notice that these are unrecorded searches, meaning that they do not show up on the credit report that actual lenders would see if u were applying for a credit card for instance. I actually heard nothing from lowells after the searches, so beats me why they did them.
  7. Both. The last withdrawal by myself (by way of debit card transaction was December 2005) all direct debits were returned as unpaid. No payments into the account sine at least August 2005
  8. Ok sorry guys please ignore my last post. I was actually looking at payments going out of the account! I can now see that absolutely no deposits were made into the account since as far back as the branch records show which was August 2005. So seeing as no payments have been made into the current account since at least August 2005 can I assume this is now statute barred? Would it matter that I have taken money out of the account after this date? Do you think I should now just send IND an SB letter? Any advice greatly appreciated!! Thanks
  9. I decided to go into the Lloyds branch who were able to print me off statements from my account. It turns out that the last payment I made in was May 2006, so this won't become SB until 2012 now I'm really not sure what I should do next? Is there anything I can do for a debt that is not statute barred? They seem pretty intent on taking this to court and adding over £1000 of charges if they do. I really can't afford to have a CCJ.
  10. the DCA is robinson way who have now employed IND
  11. i think the chances of having the default removed are slim mostly because the default placed by lloyds has been removed and replaced with a default (of the same date) in the name of the DCA. Have lloyds broken some kind of law by taking a year to place a default? Is it worth asking lloyds to take back the debt from the DCA?
  12. ahh i see. Its strange because according to my credit file the default was put on in October 2006, however the last date that any money was paid in was late 2005. On my credit report it says 1 missed payment in October 2005, 2 in Nov 2005, 3 in December etc. Then from May to September 2006 they all show as 6 missed payments until the default is registered in October 2006. It pretty much took them a year to put on the default.
  13. thanks...so that would mean the last time i made a deposit into my current account for which the overdraft relates will be the date the clock starts ticking on 6 years?
  14. i have been having a similar problem to this and keep resding conflicting info. Does anyone know for sure if an overdraft becomes statute barred 6 years after the last date that you paid money into the account or 6 years from the date that the bank recall the overdraft and demand payment?
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