Wescot chasing joint lloyds bank account debt well Statute Barred

[DebtFighter4Eva]

Hey,

 

I'm the middle man in this debt fight.

 

A couple of weeks ago my Mum got a letter from Wescot(t) chasing a debt which we beleive is statute barred. The debt relates to a joint bank account she held with my Dad before they were divorced some 10 years ago. Two days after my Mum got the letter so did my Dad.

 

I advised them both to send off the Statute Barred letter from the library, recorded delivery which they have both done.

 

Today my Mum has got another letter from Wescot telling her that they have contacted their client (Lloyds)

and that the debt is not statute barred and they have advised Wescot to continue pursuing.

 

They have however put the account on hold for 14 days to give my Mum chance to contact Lloyds and dispute it directly with them.

 

They included the Lloyds customer service address.

 

- This is not the first time we have been through it, Lloyds seem to keep shipping the debt off to different DCA's

and as soon as we get rid of one another one comes along.

 

- Niether of my parents was aware of this debt until about a year ago.

Neither has had bank statements relating to the account or the charges that have racked up over the years on the overdraft facility.

It was forgotten about when they got divorced with each one thinking the other had sorted it out.

 

- I thought the statute barred letter once sent to the DCA meant that they could no longer chase the debt unless it was proven that the debt is not statute barred.

 

- Should we now contact Lloyds (we have tried in the past and they have ignored our letters completely). ?

 

Please can someone give us some advise as to what we should do next as they all seem to be ignoring the fact that the debt is statute barred.

[ims21]

You could call Lloyds and establish when the last payment on the account was.

 

Regards

 

ims

[dx100uk]

does it show on whomevers cra file?

 

dx

[DebtFighter4Eva]

ims,

 

both of my parents are certain that they haven`t had any access to this account since the divorce which was over 10 years ago.

 

If we were to call them and establish the exact date of the last credit into the account, what would we do next?

 

Also, from an evidence standpoint, would it not be better to SAR them to get the last 6 years worth of data so we have hard copies proving no activity on the account?

 

dx,

I am not familiar with the term "cra file" so I am going to guess that it means credit report.

If thats the case, then I do not know as I havent asked either of them to get one.

If you think it's worth it, then I can help my Dad get one online this weekend when he gets back from his holiday.

 

I'm not sure if I'll be able to help my Mum get one as she is not very tech-savvy

and she lives to far away from me for me to pop round, might have to do that the old fashioned way via snail mail.

 

Thank you both for your help.

[dx100uk]

yes i would get one to do a cra

 

in the meantime do nowt else

 

dx

[BRIGADIER2JCS]

There is no reason why they should

not phone Lloyds they are entitled

to the information.

A request for information is NOT

an acknowledgement of the debt.

Are Westcott just assigned to

collect or has the debt been sold?

[brokebutnotbeatn]

If your parents are divorced some 10 years then I would be confident in the fact it is SB'd. Whilst you could ring Lloyds my inclination a the moment is to ignore completely. Your parents have both sent off the SB letter and it would be for the DCA to prove otherwise not just make a banale statment 'no it isn't'. My inkling is that Wescott are chancing their arm so it would be best for both parents to ignore their reply and see what comes next - if anything.

[BRIGADIER2JCS]

My advice is still to get this

checked out as to the status

is is not for you to prove that it

is statute barred so they Must

be put to proof on their claim that

call to the bank is essential why hang

about waiting.

 

 

Brig.

[brokebutnotbeatn]

The SB letter has been sent. If Wescott continue to hassle then you can put the call in. Them saying 'it isn't' without a shred of evidence smacks of chancing their arm to me; if they had anything definate they would state what it is. At least wait and see what comes next as it might just 'go away'.

[DebtFighter4Eva]

Hi Guys,

 

It has been a few years, but this debt has reared it's head again.

 

After my parents sent off the two SB letters,

my Dad never heard anything from them,

 

my Mum got a letter back saying that they would not be pursuing the matter any further (or wording to that effect).

So we didn't follow up with checking the CRA file at that time.

 

Now the debt appears to have been moved onto 1st Credit Ltd and

 

they have started to phone my Dad about it and start chasing him.

I only found out about this over the weekend,

but they have called a few times and threatened court action,

 

he has responded along the lines of prove it,

send me a signature, this debt is SB, etc.

 

In response to this

they sent him a bunch of statements for the account dated Oct 09 through to Oct 10.

 

I hadn't had chance to act on any of this before they called again today and

he told them the debt was SB and they stated they would start legal proceedings.

 

Here is what I have done so far today:

 

- I have told him to stop speaking to them on the phone and that if they call again he should state

"I'm not discussing this over the phone, put it in writing." and then hang up.

The only reason 1st Credit has his contact details is because he has another debt with them for a loan with Halifax

which he has on a monthly payment plan.

 

- I've sent a text to my Mum to see if she has had any contact about it,

at the time of writing I am waiting to hear back as she is still at work.

 

Once I do hear back I will ask her to send me copies of all the letters she has relating to this debt.

 

- I have collected up all of the threat-o-grams that my Dad has received

and I have been through these letters to see if I can find anything useful.

 

Wescot letters from 2011 are all just threats,

1st Credit from 2014 have sent a couple of threats and the aforementioned statements.

 

However I have found an interesting letter from Moorcrap amongst the pile of threats they sent in 2010.

 

This letter dated 1st of December 2010 states:

 

"I write in response to your recent communication in relation to the above account and can confirm we have been in contact with Lloyds TSB Bank Plc

who have advised us that no payments have been received on this account in the last 6 years therefore,

please contact their Concerns Team to discuss this further.

 

I can also confirm I have placed this account on hold and request you make immediate contact with our call centre

on the above telephone number to discuss a repayment proposal you can afford and maintain."

 

I'm a bit confused by the second paragraph because they are essentially admitting it is statute barred and then still asking for payment.

 

Anyway, the balance of the debt on that letter matches exactly with the balance that 1st Credit are now claiming.

So that's a further 4 years that no credits have been made to the account.

 

I'm unsure what steps to take to get rid of 1st Credit,

should I just send a standard SB letter?

Or can I somehow beef this up a bit and threaten them with chasing a debt that we have acknowledgement as being SB

and report them to the OFT (providing my Mum has kept the letter she got from Wescott).

[dx100uk]

begging on morals that's all

ignore them

 

or complain to the OFT/ICO/FOS etc

 

as for the other debt I hope your mums CCA them?

 

dx

[DebtFighter4Eva]

as for the other debt I hope your mums CCA them?

 

The Halifax one, yes my Dad has CCA them and they did produce a copy of the original agreement. He only pays them a token amount. He doesn't really have the time to fight them off, he remarried a few years ago and his partner suffers from MS and he has become her full time carer. That's why I am dealing with the Lloyds debt to take the pressure off him a bit.

[BRIGADIER2JCS]

Send a forceful Stat Barred letter pull no punches tell 1st Crud where to go.

Need help just ask!

[citizenB]

If the account was statute barred in 2011 then it is definitely statute barred now !

 

Send the SB letter - recorded post and to 1st Credit's Head/registered office.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

I am not sure what the relevance of the statements they have sent, unless they show that money has been regularly paid to the account ?

[DebtFighter4Eva]

I am not sure what the relevance of the statements they have sent, unless they show that money has been regularly paid to the account ?

 

Nope, the only thing on those statements is overdraft interest and monthly account charge of 12.00. There are no credits at all. I think they are just trying it on because they know he is paying his other debt.

 

I'll get to work on the SB letter and get it posted off tomorrow.

[BRIGADIER2JCS]

Send the letter addressed to The Compliance Manager, don't us a PO Box Number in the address or it will end up in customer (dis) service. Signed for post is best so you can check delivery.

[dpick]

Hi I would also send a copy to Lloyds as they are adding interest and charges they are still the owner and if they then assign it to another DCA complain like hell to everyone as this is a no no.

 

 

dpick