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lloyds debts and capquest - scotland


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I had bank loan and credit card from Lloyds bank

 

l stopped paying March/April 2009

 

since then l have had numerous letters from debt companies

 

the latest from.capquest

 

saying if I don't respond before 8th August they may start taking me to court

 

not sure if I can go down the statu barred route

 

I live in scotland,

 

I know it is 5 yrs but is that last payment or what

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Hello and Welcome,

 

I've moved this thread to the Dealing with Debt in Scotland Forum.

 

If you have not acknowledged these debts in a 5 year period they will be statute barred, are they on your credit file.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Which Credit Reference Agency are you using ?

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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The cause of action, ie default by you wouldn't be until you missed a payment and then Lloyds have somewhere between 3 and 6 months to place a default on the account. I suspect you may not be quite there with it being SB and they're trying to get to court before the 5 years are up.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Depends what you want to achieve. Would you have a defence if not SB? Do you want to avoid court? Can you afford to pay the debt if you went to court and lost to avoid CCJ? Could you offer a full and final settlement too get rid of it before court? Do you want to fight it to the bitter end?

 

It's still only a threat of court at the moment. Might be worth a sar to see what they've got.

 

When was the cc taken out?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Capquest operate as a debt purchaser much more often than a mere collector "on behalf of". Are you sure they're acting as DCA for Lloyds or has the account been assigned [sold] to them ?

 

If it still belongs to Lloyds you are safe to ignore Capquest threats cos they'll simply return it to Lloyds if they can't pull your teeth out themselves.

 

If it belongs to Capquest and you have no property / assets / surplus income, you can still ignore

because - believe me - Cap are Grand Masters in the art of letters designed to scare but ultimately hollow. And that includes loads of mays shoulds ifs. Your letter as you report it sounds very Capquestish

to me.

 

Before the two accounts of mine they had bought had reached sixth anniversary of their respective last payment they threatened me with all sorts but then gave up completely. Exactly the same happened to an associate of mine.

On the other hand, if you do have assets or surplus income you may wish to be more circumspect. In that case I'd be inclined to go along with what caro suggests.

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I had bank loan and credit card from Lloyds bank l stopped paying March/April 2009 since then l have had numerous letters from debt companies the latest from.capquest saying if I don't respond before 8th August they may start taking me to court not sure if I can go down the statu barred route I live in scotland,I know it is 5 yrs but is that last payment or what

 

On unsecured loans and credit cards, the stat barred 6 year (5 in Scotland) starts ticking

When: A contractual payment was due and not made after which no further payment or unequivocal written acknowledgment of the debt was made.

Check Credit Reference Files asap, the default date will give you a rough idea when the last payment was made (up to 6 months prior to the default)>

 

On secured loans/ HP, the date of the default May be the "cause of action".

 

 

An SB letter if properly worded does not affect the status of the debt.

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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thanks some say its only if you haven't heard from any debt company

Debt collection letters/demands for payment Do Not affect the status of a debt (not considered relevant contact) I don't know where that bit of nonsense came from.

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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I'd advise doing all the checks before sending a SB letter in case it wasn't defaulted for a few months, just to be on the safe side.

 

Unless a claim has been issued it's best to avoid SB letters. Save that little nugget for you defence, rather than forewarning them now.

Edited by caro

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks a lot

The SB clock for unsecured loans starts ticking from the date a payment was due and not made after which no further payment or unequivocal written acknowledgment was made just for safety take is as 1 month after the last payment.

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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The SB clock for unsecured loans starts ticking from the date a payment was due and not made after which no further payment or unequivocal written acknowledgment was made just for safety take is as 1 month after the last payment.

 

Brigadier, I notice you use the word 'unequivocal'. When I was contemplating bankruptcy I wrote to some of my creditors asking

 

"I am trying to resolve my financial affairs. In order to do this I need to know the full amount that you claim I owe in connection with the above, including fees and charges applicable. I also need to know what amount you would be prepare to accept in full and final settlement of the debt."

 

In your opinion, would this represent an unequivocal acknowledgement of the debt at the time I wrote the letters?

 

LV

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Before considering sending a SB letter I would check the date of the default notice. You don't want to forewarn them it may be an issue and they could need to get their finger out if they want to go to court.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Brigadier, I notice you use the word 'unequivocal'. When I was contemplating bankruptcy I wrote to some of my creditors asking

 

"I am trying to resolve my financial affairs. In order to do this I need to know the full amount that you claim I owe in connection with the above, including fees and charges applicable. I also need to know what amount you would be prepare to accept in full and final settlement of the debt."

 

In your opinion, would this represent an unequivocal acknowledgement of the debt at the time I wrote the letters?

 

LV

 

 

It would be a close call with those letters in my opinion, the phrase "amount you CLAIM I owe might not be seen as admission of liability.

 

 

"The full & final settlement" might cause problems almost a matter for a judge to decide.

 

 

However a properly worded letter claiming a debt is statute barred will not affect the status of the debt in any way and may "pull out" anything that a creditor / DCA might be holding on the status of the debt.

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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Can you still send a prove it letter to collection agencies even after they have been sending letters for yrs

Of Course each new DCA gets a prove it letter and/or CCA request.

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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I guess I can't send a prove it letter as capquest has sent numerous letters also got my credit report bank default is October

October? When?

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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