lloyds Overdraft 'debt' AIC then Apex, Now Robbersway chasing

[pakanena]

Hi there!

 

I am so pleased to have come across this group and see that I am not alone

 

This is my first post and I have spent a good hour reading through similar situations, and feel a lot more informed that I did when I woke up this morning.

 

I took out an overdraft with Lloyds TSB aprox 5 years ago for 1,500 pounds when I was living in the UK (I now live in Spain and have done for 4 years).

 

To be perfectly honest, I foolishly became so involved in life here that I forgot about my overdraft in the UK. That was until the beginning of last year when my step-father called me to let me know he had received several phone calls from Lloyds requesting to speak to me, and then letters demanding immediate payment. The most recent letter was received this year from AIC.

 

I telephone Lloyd's debt collection last year when I first learned of this and advised them over the phone of my address in Spain, and reiterated to them several times that I did not live in the UK and did not appreciate them hassling my step father. They aknowledged my address and phone number, and said they would send a payment plan to me with international bank details so I could start making payments.

 

Two months later my step father was receiving threats from the bailiffs and I had still not heard anything from Lloyds. Again they aknowledged my address in Spain and said they would send me written communication, and promised to remove all the UK information from their system. However they did tell me that they did not know how to go about setting up international payments but that they would "look in to it".

 

Six months, and nothing.

 

I called again, and was told the same thing. I asked for a mailing address or a fax number so I could send my request in writing and was refused.

 

Then came the letters from AIC at the beginning of this year, AGAIN to my step father's address in the UK. He opened one of the letters and called me in a very distressed state, especially considering I had promised him that I was dealing with the situation.

 

I called AIC two months ago and spoke to an arrogant young man, and explained the above to him. Needless to say he was less than interested and demanded ful payment. I said I could not make a payment of 2000 pounds.

 

They took my Spanish address and phone number (again) and promised to write telling me what options I had.

 

I heard nothing untile yesterday when I received a letter from them stating that as they had not heard from me they would be sending my file to their legal team in Spain, and that I should contact them immediately.

 

Conveniently there is no return address so I cannot write to them.

 

What irritates me is that I have had NO correspondence from Lloyds nor AIC until yesterday despite me informing of my address several times.

 

I am happy to make repayments but need to know where to make them to!!

 

Could anybody advise me on what to do as I do not wish to have legal proceedings started against me in Spain, and more so considering I was happy to make repayments on this debt but its now arrived at this point due to the considerable incompetance of both Lloyds and AIC.

 

Do AIC have a mailing address?

 

Many thanks to all of you

[Michael Browne]

Allied International Credit (UK) Ltd

 

The Clock Tower

Office No. 5

Chineham

Basingstoke

RG24 8BQ

 

 

Phone: 01256 416 406

Fax: 01256 355155

[pakanena]

Thank you for that very much appreciated information.

 

I will write to them tomorrow.

[pakanena]

This is the letter I plan to write with copies to both Lloyds TSB and AIC: I have not acted upon my desire to call them names and use sarcasm although I am nearly reaching that point.

 

Would this be a suitable letter or should I be more detailed?

 

Dear Sirs

 

I refer to your letter dated 11th August 2008 in which you inform me that “AIC Ltd Are preparing the above account for transfer to our Legal representatives in your country”.

 

When I spoke to one of your representatives be telephone on xxx July 2008, I was informed that a letter would be sent to me outlining payment options and further contact information. I have never received such letter, nor any further correspondence or communications from yourselves save the final notice letter referred to above.

 

I am sick and tired of speaking with your representatives on the telephone, and likewise with those of Lloyds TSB.

 

I HAVE INFORMED BOTH LLOYDS AND YOURSELVES A TOTAL OF SIX TIMES IN THE LAST YEAR OF MY ADDRESS IN SPAIN, YET CORRESPONDENCE CONTINUES TO BE SENT TO AN ADDRESS IN THE UK AT WHICH I NO LONGER RESIDE.

 

I stated to Lloyds TSB in each conversation my willingness to repay back the loan at a rate of 50€ per month , and they agreed to send me a payment plan and details of how to make payments.

 

Needless to say, this letter was never sent to me in Spain.

I spoke to them in total four times by telephone, each time to be told that my change of address had been registered with them and that they would send all future correspondence to my address in Spain. I will also point out that they refused to provide me with a fax number or address in order for me to be able to confirm my change of address in writing.

 

I now see that the debt has been passed on to a company going by the name of “Allied International Credit (UK) Ltd - I assume because the debt remains unpaid to Lloyds TSB.

 

Had Lloyds TSB been capable of sending correspondence and requested payment information to my Spanish address, they would have received money by now.

 

I consider my debt to be held with Lloyds TSB and request that they explain to me in writing why they have not been able to carry out such a simple task as writing to me at my correct address-

I ONCE AGAIN RECONFIRM TO BOTH PARTIES MY CORRECT CONTACT DETAILS

 

XXXXXX

 

And, once again, I inform both parties that the maximum amount I am in a situation to pay is 50€ per month BUT I NEED AN INTERNATIONAL BANK ACCOUNT NUMBER AND REFERENCE TO BE ABLE TO DO SO.

[giveITallback]

Hi,

 

Alliend International....what a bunch of sneeky toerags. I have an agreement in place with them and have been paying £10 a month for a couple of years. I've only stupidly just realised that the debt is being chased by another company and is in fact now with the the third differnt company Scottcall on behalf of Aktiv Kapital who had the debt from Buchanan Clark & Wells!?!?!? WTF!?!?

 

What on earth do I do about this little episode?

 

Anyone?

[pakanena]

Hi All

 

Following very helpful advice from this forum back in August, I wrote to both Lloyds and AIC demanding an explanation from them for their actions.

 

I had been trying for two years to tell Lloyds that I no longer resided in the UK and each time they took down my address in Spain and promised to contact me with my debt reference and an account where I could begin payments.

 

Needless to say this never happened, and after two years I received a letter from AIC saying they had taken over my debt etc etc.

 

I wrote back to Lloyds and copied in AIC exlaining the above. Aic never replied, but Lloyds did telling me they had no trace of my bank account despite me including all reference numbers, and could I provide further information?

 

I replied again to both parties with all relevant information (Each time declaring that I did not aknowledge any debt to AIC) and heard nothing for a month.

 

Then a letter arrived from Apex Credit Management telling me they had received instructions from Lloyds to initiate formal proceedings etc etc.

 

I wrote back again, explaining all of the above and including copies of all correspondence.

 

I also add here that I wrote on the bottom of every letter that I did not wish to correspond by telephone as I had no way of recording what was said.

 

They stated in the letter that I had 72 hours to respond. I reminded them in my letter that it would take longer than that for their original letter to reach me and for my reply to reach them.

 

Anyway, letters sent again to AIC, Apex and Lloyds.

 

No reply until yesterday from Apex telling me that they are preparing a CCJ against me in the UK.

 

I find this incredulous....I have been trying to get a bank account number from Lloyds TSB for TWO YEARS to try and make repayments and now this!??!!

 

I don't know what to write back to them. I am not aknowledging debt to them now or ever, but to Lloyds TSB.

 

Original overdraft was 1500 sterling and amount currently stands at 1901.09 sterling.

 

Where do I stand?? I can prove all correspondence on my part and willingness to repay Lloyds, surely it can't have been that difficult for them to provide me with a bank account number and payment plan as promised??

 

Can anyone suggest where I go from here?

 

Thanks!!

[palomino]

If you're no longer resident in the UK then I don't believe they can get a CCJ against you.

 

If Lloyds have not told you that they have passed the debt to someone else then you can treat this as a [problem].

 

Can you afford to pay the overdraft off?

Can you afford to make regular repayments? If so then I would do so starting immediately.

Make your payment(s) to Lloyds by cheque if you have an appropriate cheque account.

Otherwise ring them up to find out their account number.

 

 

I know you've already done this but try again.

In this day and age a lot of people are using internet banking so they should give you their bank account number without any questions.

 

 

One thought: the bank account number might be on their statements buried in the small print on the back.

 

As you have discovered AIC are unable to read (or simply don't bother).

Don't get angry with them - instead you should pity them for their handicap.

[pakanena]

Lloyds have not notified me that the debt was being passed on to the best of my knowledge.

 

However, they were sending correspondence to a UK address for two years (I found out by chance) - despite me informing them several times of my change of address and them confirming the same, I also informed them that I would not receive any correspondence sent to the UK address.

 

I am not sure whether to reply to APEX or not. I half want to tell them to go ahead and do what they want as I can prove my correspondence with Lloyds and willingness to pay them.

 

Is it worth my while asking for a copty of the original credit agreement to get APEX off my back?

 

I have a feeling that due to my "no contact" during two years, Lloyds closed my account and passed it on to their debt collection department who I was dealing with, but they now claim to have no trace of my account.

 

Correspondence isn't getting me anywher, Llloyds don't reply at all and APEX are sending out standard letters...

 

Thanks in advance for all help and advice!

[pakanena]

Hi all,

 

I posted here back in 2008 and got some really good help and advice which I hope will be repeated.

 

To summarise,

I was contacted in early 2008 about an unsettled overdraft with Lloyds TSB.

I found out about this after Lloyds had been trying to contact me at my step-father's address in the UK.

The OD was with a branch in the UK and at that time I had been living in Spain for 4 years.

 

 

I acknowledged the debt to Lloyds and asked them to send me a payment plan to my Spanish address along with an international account number so I could make payments.

 

 

I heard nothing more until AIC began contacting me at my step-father's address again chasing payment.

I sent them all the correspondence I had had with Lloyds until that date (and made sure I only acknowledged debt to Lloyds, not to them). This dates back to August 2008 when I sent the last letter to AIC and heard nothing else.

 

Fast forward to 2016, and I am back in the UK where I have been living since 2011.

I have received two letters from Robinsons Way

- the first 10 days ago requesting I confirmed who I was (which I ignored),

and the second today detailing a debt to Lloyds which they are demanding payment for.

 

Now, I understand that this debt could be statute barred

(I last dealt with the bank account itself in 2004)

and have had zero correspondence with Lloyds, AIC, nor any other DCA since my last correspondence in 2008.

 

 

I didn't receive any further letters to my address in Spain between August 2008 and April 2011 when I moved back to the UK.

 

Is it possible that the debt has passed to other agencies in that time and if so, how does that affect the Statute Barred status?

 

Many thanks in advance for any assistance!

[Guest]

a good chance that it is barred. is re an o/d though.

prob has done the dca collection rounds, now with robbers. wont effect any bar issue there if nothing has been done with anyone of them since 08.

you havent got a ccj on it as they are trying to collect on it and havent mentioned a ccj.

[pakanena]

Thank you!

 

Just to add, there is no mention of the Lloyds account anywhere on my Experian credit file.

 

The letter today says that they want me to contact them to 'find the right solution to clear this debt'. If I don't contact them, they may consider the following options:

 

- Refer the account to their client's solicitors and ask them to issue a County Court Claim which could result in a CCJ being entered

- Send a report to credit reference agencies advising that it is an unpaid account with no payments being made (if it is less than 6 years since the default date) - which it clearly is!

- Try to contact my by telephone using numbers they have on record and obtain from third parties

 

Are overdraft debts not subject to the 6 year limitation?

[Guest]

Are overdraft debts not subject to the 6 year limitation?

o/d's are subject to limitation. general issue is when the bar clock started (cause of action).

[pakanena]

Okay - well I believe that the clock started pre-2008 (I think 2006-7 was when Lloyds first contacted me) - as there has been no communication from me since August 2008, I will write back to them with the standard Statute Barred template letter advising them I don't believe the debt t be enforceable.

 

Thanks very much for your assistance!

[Bazooka Boo]

Ha ha, await the phantom payment argument!

[pakanena]

Oh crikey, sounds like more letters are on their way!

[Guest]

I will write back to them with the standard statute barredtemplate letter

hang on re sending a barred letter. imo dont do that yet.

wait for further input.

[dx100uk]

no real p;oint in sending them anything

 

save that arrow for if they are stupid enough to issue a claimform

then the SB defence will kill it dead

 

all these letters are simply sent to invoke a reaction and thus fleece the mugs that reply

 

sit on your hands

but never ignore a claimform

[Guest]

there is no mention of the Lloyds account anywhere on my Experian credit file

do you know if there was ever a recorded default on it there. if so, when.

hopefully it has been and gone. which wld add to the bar argument.

[pakanena]

I think there was, but this is going back to 2007/8. Definitely nothing on there at all now.

[ericsbrother]

you acknowleged debt back in 2008 so when was last time you wrote to them? SB clock will start from that date

[pakanena]

Last correspondence from me was in 2008 so by my calculations this is statute barred.

 

 

In which case I would be happy to write to them to confirm this,

although a forum member yesterday advised me to sit tight?

 

I would rather nip this in the bud but not certain what the best course of action would be.

 

There is absolutely nothing showing on my credit file, although I recall this being there at one stage (presume it has dropped off after the 6 year limit).

[dx100uk]

waste of time writing anything regarding SB'd

wont stop them filing if they wish to

unless you go read the FCA conc rules here.

[Guest]

although a forum member yesterday advised me to sit tight?

 

.

me and dx?

up to you

if it has been previously defaulted (which wld follow non satisfaction of their demand for full payment), no payments etc after that, and 6 yrs has gone by since.....then seems v likely to be barred.

have a read of those rules re collection activity on barred debts that dx posted. see what you think.