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    • a CCJ does not 'expire' thus does not need any application to a court to 'extend it'. if a CCJ has not been enforced within 6yrs, then it is very unlikely any court would grant such should the claimant return to court, of which the defendant would be advised -( unless they have moved and not informed the court & the claimant such) .  
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    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
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Lloyds TSB relent on charges under threat of BCOBS action


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Hi,

 

Long story short but my Ltd company is no longer viable due to the economic downturn.

Left with a £7K OD which i'm not sure what to do about.

The company has had the OD facility for the best part of 5years. Now the bank (Lloyds TSB) are getting shirty.

is it possible to SAR a business account ? I need to see the details of the OD agreement to find out if i am liable.

 

Thanks

Selexus.

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yes

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Liability will depend on if you are a personal guarantor for the overdraft.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 4 weeks later...
Liability will depend on if you are a personal guarantor for the overdraft.

 

So the inevitable letter from LLoyds TSB has arrived to me personally. Asking for payment of my company overdraft.

I've sent a brief "prove it" letter and will see what they come with. They have indicated they will pass this to Westcott should we fail to come to an agreement.

 

Meanwhile i've been discovering a lot of charges on the business account that don't look right. They have charged me an unauthorized overdraft fees off the back of the monthly account charges :x as well as charging me twice for the overdraft arragment fee and then cancelling the OD a month later :mad2:. I've sent them a letter stating the account is in dispute until i recive back the SAR and can figure out what charges are legit and which are not.

Also inculed a repayment proposal (on behalf of oldCo not me personally) of £250 per month upon condition that they freeze interest and cease charges. Is this reasonable ? I hope so as it's all i can afford.

 

Have i done the right things so far ? Do i need to do anything else ?

 

Cheers

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  • 4 weeks later...
  • 4 weeks later...

So to cut a long story short Lloyds TSB where threatening me with the DC's and other assorted nasty business.

I made a formal complaint about the banks unfair treatment. Sighting several breaches of BCOB.

At the same time i deposited the original overdrawn amount into the account leaving just the charges and interest outstanding. I stated in my communication to Lloyds TSB that i was refusing to pay this, as it had been accrued due to actions that where in breach of BCOB, and invited them to put the matter before the courts if they felt confident in their position.

They wrote back within the last couple of days stating that they are accepting my payment as full and final settlement of the account, without admitting any breach of BCOB.

 

So chalk another one up to the successfull use of BCOB :whoo:

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hey well done!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Re: nice BCOBS victory on business OD.

 

Well done,although of course they would never admit a breach under BCOBS.

Pity that instead of inviting them to put it before a Court,that you did not put it before court yourself and invite THEM to defend.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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