Apex credit managment calling in old lloyds overdraft debt help!!!!!!

[citizenB]

There are one or two companies who have been purchasing debts that are or nearly statute barred and are ending up with a lot of egg on their faces. The only way you will be able to confirm if it is statute barred is to telephone the original creditor and ask when the last payment was made to the account ! Please note.. that it IS from the date of the first missed payment that you starting counting the time..

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[Simplythebest]

It was an overdraft that had £200 limit i had used around £90 of this then changed banks and stupidly ignored the account, so intrest etc has built up overtime and as i say 99% certain havent had any activity on this acoount since 2006. so not sure if this still counts as statue barred then?

[citizenB]

hmm, 2006.. if you are in Scotland then 5 years is the SB period.. 6 for the UK. So you really do need to be very sure.

 

Still no harm in sending the SB letter.. let them work for their money!!

[Simplythebest]

Hi just an update,

 

sent away prove it letter about a week ago,

 

received letter saying they still havent heard from me and would like to offer a SUBSTANTIAL DISCOUNT as they put it in letter if i contact them,

if not they will pass it on to home collections division or suggest to llyods they take legal action.

 

should i just send away sb letter now or make them hang on for longer!

 

99% certain its stattue barred but not 100%

[PGH7447]

wait another week or so, your letter probably passed in the post

[citizenB]

If they are offering a substantial discount, then they are possibly not too sure of the status of the account themselves

[Simplythebest]

Hi just another wee update on this,

 

sent the standard prove it letter and

 

now received letter from moorcroft saying they will investigate my account with llyods and place the debt on hold.

[intend]

Bog standard resonse frm them. Probably be another month befor any more from them, if at all

 

Intend

[Simplythebest]

Hi just another update,

 

moorcroft have sent me all my bank statements since 2002,

which shows i havent paid or taken anything out this account since 17th may 2005,

 

it was an overdraft and llyods have just been adding intrest on the overdraft untill nov 2010. where do i stand now?

 

they have put account on hold for 14 days then say may take legal action and i must reply to sort payment plan.

 

So just to recap i havent had any activity on this account for over 6 years but lloyds have been adding intrest up untill 2010 before calling in debt collectors.

 

Any advice much appreciated thanks.

[brokebutnotbeatn]

Click on the 6 years link in your message...you already have the answer. The SB letter is in the library.

[Simplythebest]

Thought it was statue barred gonna have great joy in sending letter these guys have been a nitemare for months hounding me for cash, thanks for all the help much appreciated

[citizenB]

Please do come back and let us know that this is sorted

[DonkeyB]

Moorcroft are notoriously deaf and cannot read. ‘Statute barred, Moorcroft?’ ‘Thanks, I’ll have a payment plan, please’.

[ajs444]

tell them to ram it, full of wind and p**h.

[Simplythebest]

Hi guys just an update on whats happening now,

 

well to start i sent the stattue barred letter away and moorcroft put my account on hold and said they would get back to me that was early december

and untill now havent heard anything else,

 

untill now i have received a letter from moorcroft today saying they contacted llyods and that they confirmed i had a £200 overdraft to which i made a payment of £40 in may 2005

and have provided the bank statement, again they say my account on hold for 2 weeks but they still want payment?

 

Are they just trying their luck as it is over five years since any payments made and i live in scotland,

or am i missing something?

 

whats my next step any ideas?

[DonkeyB]

They are trying it on. Just tell them that by their own reckoning, it is SB by around 18 months. Idiots.

[Simplythebest]

Hi thanks for reply, so will i just send another stattue barred letter off telling them since there has been no payment since may 2005 it is stattue barred and not to contact me again

[DonkeyB]

Yes. And make it clear that any further contact, now that you have stated it is SB and you will not be paying, will be reported to the OFT as harassment. Send recorded.

[Simplythebest]

Ok will do thanks for the advice

[citizenB]

And make sure you keep their letter safe in a file somewhere - as it confirms the SB date

[Simplythebest]

Hi back yet again,

this really is never ending these companys just dont give up!

 

sent another letter to moorcroft with stattue barred details etc start of feb

 

havent heard a peep since thought it was finally over,

 

no such luck now

 

received a letter from Credit Security Limited demanding payment

 

what is going on just seems as i get rid of one company they just pass it on!

 

Next step is?

 

According to them i have 7 days to pay which i aint gonna do.

[brokebutnotbeatn]

Write a formal complaint to Moorcroft as once they know it is SB and you decline to pay thay should not pass on or if they do they should pass on with the SB detail. Send a copy of the letter you received to the new outfit and report both them and Moorcroft to the OFT.

[citizenB]

Ok, well it looks as though these companies are acting on behalf of someone.. the original creditor by the looks of things..

 

I would send a statute barred letter to LTSB (as they appear to have been the original owner) AND to the latest company who have decided to pursue..

 

You should amend the SB letter to include something along the lines of...

 

"I have already received communication from 3 x DCAs in respect of this matter and have confirmed to them that this account is now statute barred. It is assumed that on returning the account to you after having been advised the matter is Statute barred and that I will neither be paying or accepting liability for this debt, that they would then have advised YOU of this fact.

 

Therefore your further actions in then instructing a further DCAs in this matter, amounts to harassment.

 

I advise again, this matter is statute barred"

 

etc, etc..

 

Send a copy to the latest crowd.

[Simplythebest]

Hi thanks again for advice, changing the subject slightly here

 

but my current account is with bank of scotland i.e part of llyods banking

 

if they link the two accounts could they possibly offset from my bos account to pay the old llyods debt even though its stattue barred?

 

Worried if i contact lloyds they will take money out my bos account after i tell them iv no intention on paying!

[brokebutnotbeatn]

You're OK. lloyds isn't BOS. It would be a different matter if it was a Lloyds credit card. SB is SB; nothing can change that.