IND / Lloyds (Robinson Way)

[la2011]

Hi everyone, would be grateful for some advice here!

I today received a letter from a company called IND who say that my debt from a Lloyds overdraft was sold to Robinson way in 2009 and that Robinson Way have now instructed IND to collect the debt. I have received infrequent letters from Robinson way in the past which I have always ignored.

 

The letter says that this debt will be pursued in court if they do not hear back from me by 11/11. A quick search of these forums leads me to believe this may not be an empty threat.

 

The debt itself was for an overdraft in 2005. The account is on my credit file (defaulted) due to come off in oct 2012. It is possible this maybe SB as I don't remember making any payments into my Lloyds account after late 2005. Does anyone know how an overdraft debt becomes SB?

 

It is a strong possibility the debt may not be SB quite yet though.

 

Would anyone be able to advise on what course of action I should take?

 

Thanks guys

[PGH7447]

My these creeps are busy of late,I have no doubt recieved the same letter has you, I am about to reply stating that since 2009 the account has been in dispute, which it was and that any enforcement action will be defended, however this is/was a credit card.

 

When was the last time you made a payment or written acknowledgement for this debt, if it is 6 years or more then it is stat barred.

[PGH7447]

Also has a matter of interest did you recieve a phone call from anyone asking you to confirm your identity and your address in the past 2 weeks?

[la2011]

Also has a matter of interest did you recieve a phone call from anyone asking you to confirm your identity and your address in the past 2 weeks?

 

I have not received a phone call, this maybe due to the fact that we don't have a landline though, just mobiles? I did notice that a company called DataTrace did a credit search on me a few days back though. Perhaps that's connected?

[la2011]

I think the last time i paid any money into this bank account would have been late 2005. I am not sure how SB works with bank accounts though? Is it 6 years from the date I last paid money into the account? Or 6 years from the default?

[PGH7447]

possibly, what you need to do is send a sar to lloyds for all statements regarding this account and see when that last payment was made,that is the crucial date you need

[la2011]

Ok will do this on Monday. If its not SB can anything be done? I saw on some other posts that there was issues about IND actually being allowed to recover this debt as there was no notice of assignment or that the assignment was done too late? Does anyone have any experience with this?

[la2011]

i noticed on the letter that IND are saying they will issue court claim to northampton county court on 11 nov. It may take longer for my SAR request to come through. Should i be sending any letter to IND in the mean time?

[PGH7447]

Yep send them a prove it letter for now, may stall them

[la2011]

ok, whats a prove letter? is there a template?

[BRIGADIER2JCS]

The Letter is in the CAG library as a template

edit to suit your case it puts the DCA to proof

that they are ''authorised'' to collect and the

validity of the claim against you.

Library is at top RH side of the head of the

forum.

[la2011]

I decided to go into the Lloyds branch who were able to print me off statements from my account. It turns out that the last payment I made in was May 2006, so this won't become SB until 2012 now

 

I'm really not sure what I should do next? Is there anything I can do for a debt that is not statute barred? They seem pretty intent on taking this to court and adding over £1000 of charges if they do. I really can't afford to have a CCJ.

[la2011]

Ok sorry guys please ignore my last post. I was actually looking at payments going out of the account! I can now see that absolutely no deposits were made into the account since as far back as the branch records show which was August 2005.

 

So seeing as no payments have been made into the current account since at least August 2005 can I assume this is now statute barred? Would it matter that I have taken money out of the account after this date?

 

Do you think I should now just send IND an SB letter? Any advice greatly appreciated!! Thanks

[la2011]

Anyone?

[PGH7447]

the monies paid out were they direct debtis etc, or did you withdraw it?

[la2011]

Both.

The last withdrawal by myself (by way of debit card transaction was December 2005) all direct debits were returned as unpaid. No payments into the account sine at least August 2005

[BRIGADIER2JCS]

As long as you have not acknowledged the debt

i writing in that 6 year period go ahead with the SB letter,

send it recorded delivery addressed to the Compliance Manager.

Repeat that you do not acknowledge the debt, and you are

fully aware of the Limitations Act 1980 and the OFts Guidance 2003/2011

and you will not be paying.

 

Brig.

[la2011]

I am going to send it tomorrow, I am still concerned that the limitations act states the 6 years begins on overdrafts after the overdraft is recalled. However nobody at Lloyds could tell me when that was and the woman in the bank said they don't keep letters that far back. I'm guessing the onus is on the DCA to prove the debt isn't statute barred and I'm not sure how they will do that without the correct documentation.

[BRIGADIER2JCS]

The usual method is that the overdraft is

recalled in full and within 1 month a default

is placed on the CRA file it is a fairly reliable

indicator I have found.

 

Brig.

[la2011]

yes in which case it probably wasnt recalled until August 2006! However, I wonder if the DCA could prove that. No payments made by me since August 2005...surely worth a shot? What else could I do apart from just paying the DCA?

[BRIGADIER2JCS]

A SAR to the original creditor will give

you the detail.

See the template letter in the CAG library

and amend to suit.

the cost of this is a statutory charge of £10.00

they have 40 days to reply.

Brig.

[la2011]

no thats what i asked Lloyds in the branch and also over the telephone to the SAR team. They clearly said that an SAR would not provide me with a letter recalling the overdraft. They stated that copies of letters from that far back would have not been kept. All they would have would possibly be computer notes. Therefore how can they prove the overdraft was recalled if they dont have a copy of the letter recalling it.

[BRIGADIER2JCS]

That's what I thought would be the case.

I would think as you say computer archive

material or microfiche should still exist.

It would be a matter for a judge to decide

on the balance of probabilities.

Brig.

[la2011]

I think so to.

My hope is that they dont have any real documentation from Lloyds and have just bought this debt cheap. They seam to be knocking out county court claims a lot at the moment, so its likely I will get one. From what I can see the couple of people on here who has entered a defence has had their claim stayed. Its worth a shot and beats paying them without a fight.

 

I cant afford to have a CCJ on my credit file for 6 years, so i would have to pay in full within a month to have the judgement removed. It would wipe out my savings pretty much but so would paying them before a claim is issued (minus the extra costs of going to court).

[BRIGADIER2JCS]

You are spot on on the litigation I not

seen so much ever on consumer debt,

and it is being followed through rigourously.