lowell/Natwest..

[mcjordi]

well lowell have come out of the woodwork saying that the debt isnt stat barred which i know it 99% is.

 

what i was doing 8 or so years back was paying 15 a month into a holding account (my other account at natwest)

and they were later transferring it when they felt like it.

 

i sent the stat barred letter and they replied saying last payment was march o8 of 700 odd quid.

 

well i know i have never had that sort of money to make a lump sum payment so they must of just taken the money in the holding account.

 

my last payment into the holding account was before my mam died (back in march 2004)

 

so what would happen if they chanced court?

 

it was defaulted back in 2006/7 and has dropped off my credit file.

 

im on mse under the same name post on there a lot more than her

 

thanks for any advice

[BRIGADIER2JCS]

You must DEMAND unequivocal proof of the alleged payment, who made. how was it made, cash, cheque. card, bank transfer etc. and all the deails as to the cq number, bank name , account number, for each possible payment type.

[mcjordi]

i know where the 700 odd payment has come from its from the other account that i was paying this £15 a month into, but i stopped paying when my mam died. so it appears they have just transfered it to the O/D account so would this count as a payment under the SB rules?

[BRIGADIER2JCS]

YES, most certainly any payment restarts the clock.

[citizenB]

YES, most certainly any payment restarts the clock.

 

Does it though - It was my understanding that the payment had be made by the debtor - if they simply helped themselves to money without permission - even if there is an offset rule, then the OP hasnt physically made that payment !!

[mcjordi]

bugger.. if they do chance court ill question why it took them almost 4 years to take it from the other account..

[mcjordi]

Does it though - It was my understanding that the payment had be made by the debtor - if they simply helped themselves to money without permission - even if there is an offset rule, then the OP hasnt physically made that payment !!

 

thats what im thinking.. the last physical payment made by me was prior to 23rd march 2004 of £15 into the other account as natwest wanted me to pay it in to the active account so they could pay it towards the overdraft

[BRIGADIER2JCS]

Fought this a few years ago

 

the payment has come from the debtors account, in which it appears some form of ''authority'' exists/existed,

 

it would imo be extremly difficult to prove that the payment was unauthoriesed unless there is some malpractice by the bank,

 

but if the 'payments' were to be made from the balance of funds available in this secondary account,

 

I cannot without further detail see a challenge.

[BRIGADIER2JCS]

I would like to know more of the history of how these accounts were intended to aquire funds and make payments from them.

[mcjordi]

well worse case is i have another year of them saying its not. i can always defend any action and see what happens..

Lowell own the debt as they said in a recent letter.

[BRIGADIER2JCS]

A payment also may be made by an agent or representative of the debtor. This could be the bank.

[mcjordi]

I would like to know more of the history of how these accounts were intended to aquire funds and make payments from them.

 

initially i ran a big o/d up CIRCA 4k back between 2002 and 2004 (student)

and left uni arranged with them over the phone to pay £40 a month but that was too much so agreed to drop to £15

and paying it into my normal current account and they would collect from this account and transfer it over to the student account.

 

As the student account was with debt management i couldnt pay into it manually at a branch (i didnt want a direct debit set up in my new account with barclays)

 

they suggested using my other account with natwest.

 

If they still have recordings from 2003/4 this would confirm this.

 

Ive had a couple of letters saying pay 50% to bring it to a close

[BRIGADIER2JCS]

Ok, so an ''authority'' to collect availble fund was in place for this account?

[mcjordi]

yes. but they took 4 years to take the money so would the clock have been reset in 2008? even though the last payment physically made by me was 2004?

[BRIGADIER2JCS]

ANY payment in the crucial 6 year period restart the clock

[mcjordi]

ahh bugger ahh well just over a year left now then

 

thanks

[AndyOrch]

The debt is SB already the date runs from when " you " made the payment...not when they decided to transfer and credit it.Payment between the assignor and assignee are not your concern.If you have not made payment or acknowledged the debt for 6 years (so 2004 in your case)

It became SB in 2010.

 

Regards

 

Andy

[dx100uk]

discount letters too

 

this means you must have heeps of PENALTY charges?

 

dx

[mcjordi]

The debt is SB already the date runs from when " you " made the payment...not when they decided to transfer and credit it.Payment between the assignor and assignee are not your concern.If you have not made payment or acknowledged the debt for 6 years (so 2004 in your case)

It became SB in 2010.

 

Regards

 

Andy

 

ive slept on it and im not too worried now.. if they could do anything they wouldnt of given me a 50% off offer. If they chance court ill defend it on the basis i made last payment myself in 2004

thanks guys and gals

[AndyOrch]

Simply enter a Statute Barred defence...if they do attempt litigation.

[mcjordi]

Simply enter a Statute Barred defence...if they do attempt litigation.

 

yeah i will do cheers buddy..