Lombard loan defaulted May 2003 - Just had first contact 14/06/09

[Debtcontrol]

Hello,

 

First post on here, tried to search round to find my answer.

 

I had a 25k loan with Lombard Direct, it was started in Aug 2001, and I defaulted in May 2003. The loan was taken out in my personal name, but was for capital in a business. We had an agreement that the business would continue to pay the loan, but it didn't happen. I know the debt is in my name, so am solely responsible.

 

I moved abroad to work in 2003, moved back in 2005 and have moved a couple of times since. I have never had contact from Lombard or any DCA since the default.

 

I received a letter on Monday 8th June from Wescot Credit requesting I pay the full sum of 26k with immediate effect. From what I gather on here, 6 years has passed so I possibly have no case to answer?

 

I called Wescot on Thurs 11th June, to see what options I had. They asked me to put something in writing re repayment. They also asked me to pay £1.10 to 'round off the account' as there was £26,001.10 outstanding. I paid this by debit card.

 

Can I still request this to be written off by The Limitation Act 1980 as Statute Barred, or have I now acknowledged the debt?

 

I have found a letter template on here re Statute Barred, can I use this and sent to Wescot?

 

Any help would be great. I really cant afford to pay this back.

 

Thank you very much.

[postggj]

ask you to put some thing in writing

i bet

 

that will acknowledge the debt

 

paid by credit card

 

i do wish you would have talked to us first

 

you have acknowledged the debt

 

defaulted may 2003

 

when was the last time payment was made

 

might be statute barred

[Ell-enn]

Hmm, the crafty beggars are likely to use that £1.10 payment you made as acknowledgment of the debt in case the 6 years since last payment aren't up !

 

Send the statute barred letter (by recorded delivery) and keep a copy together with the receipt for posting. If they still insist it's not statute barred you'll need to send a subject access request which should give all information held on your account - including when the last payment was made.

 

NEVER EVER talk to them on the phone, keep everything in writing, and if they phone you before they get your letter, just say you will only communicate in writing and put the phone down.

 

Ell-enn

[postggj]

hi ell-enn

 

seems the phone monkies have been given a work time learning sesion

[Ell-enn]

hi ell-enn

 

seems the phone monkies have been given a work time learning sesion

 

Hmm, very sneaky of them:mad:

[Debtcontrol]

ask you to put some thing in writing

i bet

 

that will acknowledge the debt

 

paid by credit card

 

i do wish you would have talked to us first

 

you have acknowledged the debt

 

defaulted may 2003

 

when was the last time payment was made

 

might be statute barred

 

Hi, last payment on the account was 28th May 2003.

 

i will send off the Statute Barred letter tomorrow, recorded delivery. I have not sent them anything in writing yet.

 

Thanks for all the prompt replies.

[Ell-enn]

No problem, keep us updated

[Maggie_moo]

I could be wrong but I thought that once the six years was cleared even if payment has been made it is only a moral obligation and not legal, it doesn't mean the clock has started again, so to speak.

[Ell-enn]

That's correct Maggie, but Westcot are likely to tell the poster that because he's made a payment the clock has started again (they'll assume he doesn't know). Good job he now knows different !

[postggj]

the debt is statute barred so no worries

 

its just a few of us know how underhand dca are now becomming

 

debt control

 

cancel your card and get a new one

 

say you had a virus on your pc

 

do it asap

[cerberusalert]

Are you sure that £1 wasn't for a CCA request you did over the 'phone?

[Debtcontrol]

Are you sure that £1 wasn't for a CCA request you did over the 'phone?

 

Whats a CCA request?

[cerberusalert]

Asking for a copy of the agreement which costs £1.

[mr.ton]

Report Wescot to the OFT/trading standards.

[cerberusalert]

I assume the scenario went along these lines, you telephoned to dispute the debt citing the Limitations Act, they denied it was Statute Barred so you made a CCA request. They said it would save time if you paid the £1 by debit card.

 

Once you have given your card details you have no control on what they take from your a/c so you must get in touch with your bank to ensure that no further payments can be drawn from your a/c by Wescots.

[postggj]

what a deviouse mind

 

any chance of some lessons:grin:

[Ell-enn]

I assume the scenario went along these lines, you telephoned to dispute the debt citing the Limitations Act, they denied it was Statute Barred so you made a CCA request. They said it would save time if you paid the £1 by debit card.

 

Once you have given your card details you have no control on what they take from your a/c so you must get in touch with your bank to ensure that no further payments can be drawn from your a/c by Wescots.

 

Good thinking Sir!

[cerberusalert]

what a deviouse mind

 

any chance of some lessons:grin:

 

Dirty DCA tactics must be contagious

[Debtcontrol]

Hello,

 

I have sent off the letter today.

Thanks for all the replies, will keep you all posted.

[Debtcontrol]

Hello, quick update here.

 

Got a letter today from Wescot, advising that the default date was the 25th of June 2003, therefore the 'token payment' was received short of the 6 years.

However, thanks to the excellent advice on here, I have done my research and know that the last payment was actually made in April 2003 and this was the last time I had any contact with the OC. Therefore the debt is well & truly statute barred.

 

I have written a reply along these lines, will keep you posted.

 

Thanks for reading.

[Debtcontrol]

Hello,

 

Update on where I am at with this one - I hope I have received good news.

 

I sent off the SB latter, received a response advising that since I paid £1 the account was not SB and was active. I replied to this advising that I paid this £1 for a CCA request.

 

They replied saying that wasn't the case, so I then replied advising that since the £1 payment, regardless of its purpose, was taking 6 years and 3 months after my last contact & payment with the OC, it was all irrelevant.

 

They replied saying they were checking this. Then yesterday I received the attached letter, saying they had received the documentation from the OC and their were now closing my account with them.

 

Is this good? Or is it a step to something else?

 

Thanks for reading.

[cerberusalert]

They replied saying they were checking this. Then yesterday I received the attached letter, saying they had received the documentation from the OC and their were now closing my account with them.

 

Is this good? Or is it a step to something else?

 

You've won. Just keep the letter in case another DCA crawls from under a rock in the future.

[Debtcontrol]

You've won. Just keep the letter in case another DCA crawls from under a rock in the future.

 

I really hope so!

 

Thanks for replying, I appreciate it.

[postggj]

Just A Point

 

A Complaint Is In Order Me Thinks

Cputr

 

Them Stating The £1 That Was For The Cca And Credited To The Account, The Account Was No Longer Statute Bared

 

Missleading The Debtor For One