Lowells etc chasing Lloyds 'debt' prob already SB'd - claimform

[blackleyblue]

Good afternoon all

 

We have periodically received letters chasing a £1084.24 debt for Lloyd's tsb.

 

The debt was either an overdraft or credit card and is appx 8/9 years old.

 

Latest letters from Lowell's and Hamptons which threatens to pass to Fredrickson international Ltd

who will apply charging order, warrant of execution etc.

 

What should I do?

 

Also we had failed IVA with debt free direct appx 7 years ago and

 

other than annual statements from one creditor,

Tesco we have heard nothing.

 

We owed around 5 creditors appx 40,000. Should I worry?

 

I think about it every day.

 

Finally in process of selling house where we will have small amount of equity(30,000) Will this be affected?

 

I guess no chance of a mortgage?

 

We have no further debt,

loans etc for 8 years.

 

Help please:smile:

[fletch70]

This debt was part of the failed IVA?

When did the IVA fail ?

Has there been a CCJ on this?

 

If you have not been paying then this may be statute barred.

What exactly does the letter say, is it full of maybe , if , may or are they definite i.e we will apply for a charging order?

 

Is there anyway to post up the letter or type it out word for word without any personal info?

[blackleyblue]

This debt was part of the failed IVA?

When did the IVA fail ?

Has there been a CCJ on this?

 

If you have not been paying then this may be statute barred.

What exactly does the letter say, is it full of maybe , if , may or are they definite i.e we will apply for a charging order?

 

Is there anyway to post up the letter or type it out word for word without any personal info?

Hello and thank you. No Ccj and was not part of IVA. Ova failed appx 7 years ago

[fletch70]

When did you last make a payment on this or acknowledge it?

[blackleyblue]

6 or 7 years although cannot be certain

[fletch70]

I would send a CCA request, if it is an overdraft they will tell you they can not provide one but if a credit card they must.

You have not had a claim form yet so the liklihood of it having an impact on your house sale will be minimal. They would need to make a claim, win, then go back to court to get a charging order.

 

If you are certain it is statute barred then you could send the statute barred letter maybe just checking the phrasing . It would then be up to them to prove it wasn't

[blackleyblue]

thank you again. how can I be certain it is statute barred? do you have templates for the letters you refer to? what about the Iva?

I would send a CCA request, if it is an overdraft they will tell you they can not provide one but if a credit card they must.

You have not had a claim form yet so the liklihood of it having an impact on your house sale will be minimal. They would need to make a claim, win, then go back to court to get a charging order.

 

If you are certain it is statute barred then you could send the statute barred letter maybe just checking the phrasing . It would then be up to them to prove it wasn't

[fletch70]

Hi Statute barred is where a debt hasn't been paid or acknowledged for 6 years (5 in scotland ) from the casue of action. The cause of action is generally the date the first unpaid payment was due however with an OD it could be from when they formally demand the payment.

 

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

 

that is a link for the SB letter.

 

As for the IVA I am really not sure, I would give national debt line a call http://www.nationaldebtline.co.uk/ they will give you advice about where you stand on that.

 

I will flag it up for you so that someone who knows about these things can look in

[blackleyblue]

so kind, thank you. Which corres would you send if I'm not sure if SB? is it worth getting a free credit check or will this alert creditors (should I let sleeping dogs lie) thanks

[dx100uk]

use noddle below

 

pers i'd be sending the SB letter anyhow

even if you remotely think it is SB'd.

 

its for them to PROVE its NOT SB'd

 

NOT for YOU to prove it IS.

 

more...

 

dx

[dx100uk]

the failed IVA makes no odds as its outside 6yrs.

 

get that CRA file

 

make SURE all your old names and addresses SHOW>

 

if its clear

 

then off you go.

 

no issues.

 

dx

[fletch70]

Would sending a statue barred letter be an admission if it wasn't SB?

 

I don't think it would, just want to be 100% sure

[dx100uk]

if it truly turned out it was def not SB'd

then the letter in some instances does act as your admittance to liability sadly

and resets the clock

 

hence the checking of the CRa file

and P'haps a call to the OC is in order.

 

however, I've rarely seen any creditor or DCA pull this stunt

 

dx

[fletch70]

I would be inclined to give lloyds a call acting a bit dumb like. Find out if you can when it was defaulted .

 

The problem is, if it was defaulted over 6 years ago it would not appear on your credit file even if you had made payments last year.

 

A thought is that if it was live but nearing SB then Lowells would be getting HL to issue proceedings as opposed to gets freds to chase you .

That is just a thought though so don't take my word for it

 

As Dx says ,

 

if the IVA failed and you haven't been making payments then that will probably be SB'd as well .

 

What I would be careful with on that is how long it took the Insolvency practitioner to work out how much money was in the pot ,

if any and pay it out.

 

Maybe a call or letter to them would be an idea.

[blackleyblue]

guys help and advice please.

 

letter received from Fredrickson international, their client Lowell financial Ltd.

 

if no contact will instruct Bryan carter solicitors LPP to take action.

 

now received letter from Bryan carter saying will issue court proceedings on 6th Dec. help please

[dx100uk]

scan up the letter please

 

**you can post up by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..jut upload it ..job done

.

dx

[blackleyblue]

I have taken pic of letter and uploaded. thank you

[dx100uk]

you need to pdf it as per instructions

 

and get ALL the words in IMPORTANT!!

 

dx

[blackleyblue]

sorry not exactly PC literate, PDF now attached? please help

[dx100uk]

need to see the WHOLE of the letter please you have words missing off the edges.

 

dx

[blackleyblue]

my apologies I cannot scan/upload at moment as my wife has moved to a 'safe' place and cannot find. The vast majority of letter is there

[dx100uk]

ok no worries

I've removed them as they show your pers details.

 

that letter does not say they WILL

do anything

read it carefully

 

we've seen that letter lots of times here.

 

it means the freds have been asked on behalf of lowells to instruct carter to issue legal proceedings on dd/mm/yyy

IF they want to.

 

however if it does not say they ARE going to, as the next line says if YOU wish to avoid this pay us.

 

cleaver use of words.

 

dx

[dx100uk]

also be aware that freds and carter are lowells

just three diff blokes in diff colored skirts sitting next to each other.

 

well in truth its the same person just using diff letterheads in the same printer .

 

dx

[blackleyblue]

thank you friend. So do I need to do anything? send SB letter for example?

[blackleyblue]

no action required? thanks