lloyds overdraft being chased by RED DCA

[seklof]

hi oh mighty forum

 

im being chased by a company called red debt collection for a debt owed to lloyds.

 

still no monies

but wonder how bank accounts differ from credit card agreements .

 

for instance how long can the chase go on for and will it ever be statute barred

 

thanks guys

[fkofilee]

Hi Seklof

 

We need more info on this... IE

 

Amount, last payment made, etc.

 

Also i believe Red are part of the Lowell Group...

[silverfox1961]

Hi

Red are Lowells (look at the bottom of the letter) If you get a letter from Hamptons Legal, they are also Lowells.

 

These types of debt are the same when it comes to the SB. 6 years (5 in Scotland)

[seklof]

many thanks for dropping in

well its up 6k and iv not use the account since 2008

[seklof]

many many thanks and happy new year to all the team at the best site on the internet

[fletch70]

Some discussion as to exactly when this will become SB. My personal thought is that it will be from when they made a formal demand for repayment unless you have acknowledged it since

 

Does a default show on your credit file and if so what date?

[seklof]

hi

 

which should i use for the purpose of checking?

i had many letter but now they seem to have passed the debt on

[seklof]

no acknowledgement from myself , ever

[Bazooka Boo]

You can use the experian 30 day free trial, just ensure you cancel it well within the 30 days.

 

SB is from the date of last payment or written acknowledgment.

[seklof]

lovely stuff , you know i used to have an experian account but i have just tried to log in and it wont accept my details?

ill contact the helpline tomorrow , maybe they might help me get online

[fletch70]

Bazooka you may want to check with the site team re SB date. It is certainly not from last payment or acknowledgement if the account was live at the time.

 

It is a subject much discussed at the moment and wrong opinion could be dangerous.

 

Seklof, can you remember when you last actually used the account and if you had any letters from the bank.

If you want more info on SB give National debt line a call

 

As for credit files you could get an instant report from Noddle if you have a debit card to prove identity, all done online

 

Equifax also have a free trial i believe

[Bazooka Boo]

Wow, never been told my advice could be dangerous? I hope the OP doesn't die.

 

The time limit starts from the date of accrual, Unless otherwise stipulated, these time periods begin either on the date on which the breach of contract occurred, or the date the negligent act or omission occurred.

 

And until I hear different, I will stick by my advice, I have not heard read or been informed that they have changed the rules in their favour, if you know different then please post a link to it.

[fletch70]

Less of the sarcasm please. If in doubt I suggest pming someone like sequenci or IMS

When I said dangerous I mean it could cause problems if someone acknowledged the account prior to SB and then reap the consequences.

 

As this is the OD when would the breach be, not necessarily from the last payment in. Probably from when the OD was recalled .

 

As for when limitations starts

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

 

There is further discussion as to if BMW V hart will alter things as in that case BMW had to accept the breach.

 

Looking at my agreements it is only on my loan accounts where they say they can demand full repayment on one missed payment. On credit cards it says various things such as after several breaches , we will give you 30 days to remedy any remedial breach

 

Even by your own definition of when the breach occurred that is not last payment if the account is live

[Bazooka Boo]

I won't be PMing anyone, we're talking about the exact same thing, the limitation period is still six years, and the clock starts from the date of accrual/breach of contract/last payment/written acknowledgment.

[fletch70]

That's fine but we are not talking about the exact same thing now are we.

 

On a live up to date account please explain how breach of contract=last payment =start of limitations. Obviously it depends on the contract as to when the breach occurs.

 

On an overdraft how on earth can last payment in=breach of contract=start of limitations

 

Nice thread here from 3 years ago http://www.consumeractiongroup.co.uk/forum/showthread.php?292595-accrual-of-a-cause-of-action Sequenci explains it quite well

 

I agree that is a debt is already defaulted and the contract breached and has been in a payment plan of any kind then limitations does indeed start from last payment or acknowledgement.

 

I am not trying to show anyone up so the attitude is not needed, just trying to make sure that people have the full picture before acting

[seklof]

as soon as i went over my overdraft facility (over overdrawn) i started to receive letters to which i have acknowledged none

[Peterbard]

as soon as i went over my overdraft facility (over overdrawn) i started to receive letters to which i have acknowledged none

 

It doesn't matter they will probably know when the OD was recalled.

 

The accrual of COA and commencement date for the SB will be on the first demand for full repayment of the OD, thereafter the clock would be reset by any payment or acknowledgement.

[seklof]

can i just query this - if i as for a cca , does this then become and acknowledgement of the debt and the clock is restarted

[dx100uk]

no

 

dx

[dx100uk]

did you check your credit file?

 

you cant CCA an OD sadly.

[seklof]

i have a few credit cards and also an overdraft so as you stated, i will not be able to get the cca for the od . i refer, if i may to the question, so as to be clear, that if i request a cca on a credit card it does not reset the clock and is not considered and acknowledgement.

 

many thanks for your help

finish line in sight

[Bazooka Boo]

No it doesn't, if you want a belts & braces approach then head your CCA request ''I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR YOUR CHOSEN THIRD PARTIES''