lowells/reds and a sd for old tsb bank acc.

[chasin sunsets]

Hi all, well, after waiting for, oh nearly a month now, finally got a letter with, very handy, all statements from a tsb bank acc. I didnt ask for this nor did i request a cca, all i sent was a prove it letter...the majority of the £800 is charges..

 

Do I now send a cca request as I can highlight all these and send them in to gt them reclaimed, I will owe maybe about £50...all this because of failure on the banks part to close the acc down..they kept it going and I was under the impression it was closed.

 

Red have dissapeared after a prove it letter being sent the same time as lovers....I mean lowers, u know who i mean! So any ideas or suggestions as to my nxt actions? Advice appreciated...

[Guest Old_andrew2018]

Hi

If its a bank account then don't bother with a CCA one will not exist, you would normally send an SAR, in you case there is no need, as you have all the information.

Simply send a request for you charges back this is a link to the first letter, http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html#post3489

 

You will need to modify the letter if you are reclaiming credit cards charges, also if your account was in fact a bank account be prepared for a stay.

 

Regards

 

Andy

[chasin sunsets]

Hi all, I would appreciate some advice about these particularly nasty group. I believe, although cannot prove it, that they have been leaving messages with neighbours, called my parents to say I have a parcel and what are my contact details, now today, i have a letter off them saying within 10 days they will file a bankruptcy petition against me. the debt is for (allegedly) £800 ish.

 

They say it is under section 268 (1) (a) of the Insolvency act 1986. I believe this debt to be unenforcable, do I send a bogoff letter or request a cca?

 

It has been passed from lovem's duckfolio to these folks. I have to respond within 10 days. Any advice as to my next step would be appreciated.

[saintly_1]

Is what you have received a Statutory Demand ?

[adamski]

Have you sent off a CCA request to Lowells?

[chasin sunsets]

I believe it is yes, as on it says, "You should refer to section 2, how to comply with a statutory demand".

[chasin sunsets]

I have not sent off a cca to Lowells, no.

[cashins]

They say it is under section 268 (1) (a) of the Insolvency act 1986. I believe this debt to be unenforcable, do I send a bogoff letter or request a cca?

 

 

Assume you have already CCA'ed this account, (you say it's unenforceable).

 

If so send Account in Dispute/Bog off.

 

Don't let them set the agenda by the way, (you have 10 days to reply).

 

If it's unenforceable, you don't have to do anything.

 

David

[rory32]

It has been passed from lovem's duckfolio to these folks.

That'll be passed from the desk at the coffee machine to the one next to the bogs then. Red and Lowells are the same people.

 

As saintly says does it state a bankruptcy petition or a statutory demand? Are you a homeowner?

[rory32]

If it's a statutory demand you don't have to do anything until they issue it.

[cashins]

Some posts in between.

 

If it is a Stat Demand, you do need to deal with it.

 

David

[chasin sunsets]

No, I have not sent a cca to Lowells as redguys have the account and how i wish i recorded the call they made to me about a month ago...

[saintly_1]

Ignore the 10 days the ...... you have 18 days from when it was served (when you received it... keep the envelope) to apply to have it set aside at court . Have a read of a few of the stat demand threads

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/155477-sd-receivec-post-day.html this one won just today

[chasin sunsets]

hi rory, yes, I jointly own a property with my fiance.

[rory32]

i have a letter off them saying within 10 days they will file a bankruptcy petition against me.

So they haven't actually issued one yet. They are just threatening you with issuing one.

 

...... you have 18 days from when it was served (when you received it... keep the envelope) to apply to have it set aside at court .

It doesn't appear to have been issued yet saintly so there is nothing to set aside at the moment. They are legally obliged to inform you that a statutory demand will be issued before they issue one.

[rory32]

hi rory, yes, I jointly own a property with my fiance.

In this case then you most certainly must get the SD set aside when/if they get around to issuing one.

[chasin sunsets]

so should I get a cca fired off tomorrow? Is so, to who, lowell clownfolio of redordeds? Thanks for all the advice by the way, or do isend a bogoff latter in the first instance?...Thanks again for the advice.

[rory32]

What type of account is it e.g. overdraft, loan, credit card, etc?

[chasin sunsets]

it is for an old bank acc. with lloyds

[rory32]

Okay so they would be saying that the 800 quid is for an overdraft. In that case it's not really worth asking for a copy of the agreement as overdraft have part V exemption (form and content). The copy of the agreement would just be a letter from the bank.

 

When was the account last used roughly or an offer made in writing to pay the debt? If it's over 6 years ago then the account is statute barred.

 

I think it would be worth sending a SAR to Lloyds to see what charges are on the account. There are bound to be plenty of these and you can get a set aside on this alone. Also the debt needs to be at least 750 quid for an SD to be issued and I'm sure there will be more than 50 quid worth of charges on the account.

[fiftypence]

I received a stat demand for an old Lloyds debt so I sent a CCA and they closed the file immediately as they couldn't come up with any paperwork. Only after checking some old documents myself did I realise they were chasing an overdraft So I got away with it basically (for now at least until some other DCA tries it on)

 

Bear in mind the original account was opened at the dawn of time and the OD facility was added around 2001? and the default was the end of 2004, I think this meant the paper trail had gone cold enough for them to give up quickly.