LLOyds debt being chased by everyone under the sun - help

[dcwelsh]

I took out a loan back some years ago with Lloyds TSB.

I lost my job, and everything started to go wrong (mainly because I naively started ignoring correspondence!!).

 

 

I made the odd payment here and there to try and keep them happy,

but eventually stopped making payments about 5 years ago and it eventually Defaulted.

 

Like an idiot, I ignored all correspondence from numerous companies and DCA's for the past 5 years

and on times it would go silent for a good few months (perhaps longer),

before being passed onto a new DCA and the process starting over again.

 

I'd read something about no payment being made within 6 years, then they can't reclaim the debt,

so without knowing too much details regarding this, recently this is all I've been aiming for!!

 

 

I've never sent any letters or done any of the other steps banded around,

mainly because I didn't understand them and I'm the world worst procrastinist!!

 

Currently it's been passed on again, from 1 part of a group to another and

I've had a letter saying they are in the process of advising our client to take Litigation action against me to recover the debt

and that I had 7 days to offer a payment plan.

 

I'm not sure why, but this one has 'shook' me a little bit and I'm a little concerned that my ignore everything for 6 years is flawed!!!

Given that I've not sent any letters to anyone etc at this stage, what's the best way to approach it.

 

The fact that I owe £6k and it's been passed about 5 years, would lead me to believe that if they could take action against me, then they would have already.

 

I'm concerned that if I send them a letter and ask for this information,

they may just proceed on the CCJ basis, as I've not complied with the timescale involved.

 

I can arrange to make small payments to them, perhaps £10-£20 a month,

but aware as soon as I did that, the 6 year 'option' has gone.

 

 

Any advice?

 

 

I've probably missed heaps of details that you need, but let me know if you need anything else?Thanks,

Edited January 28, 2015 by citizenB
formatting for easier reading

[citizenB]

If no payment or acknowledgement of the liability has been made in over 6 years then it could be possible that the debt has become statute barred. YOu would need to be absolutely positive on the date that a payment became due and you missed and thereafter made no more payments.

 

If this were me, I would start data collecting now.

 

Check your credit file - is the debt still be recorded on that.

Send a Subject Access Request to the original Lender LTSB. They have 40 calendar days in which to comply and it will cost you £10.00. This should provide you with statements, (sometimes a copy of the agreement), communication logs (showing what activity has been taken on the account) and might be helpful to you.

The letter below can be used for this.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

You could send an independent CCA request - request only for a copy of the agreement, terms and conditions and statement of account.

That would cost you £1.00 and until the creditor has complied with this request (12 working days + 2 for posting) then they are unable to obtain a judgment against you and the account can be officially in dispute.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

 

Have you been receiving Notice of Arrears statements at least once a year ?

 

the minute you offer them any money, you will be resetting the statue barred clock.

 

If the account is not statute barred and they were to issue a claim against you, they would need to obtain Judgment and this is by no means certain. If they were to obtain Judgment, you could make an offer of instalment payments at that time or even before by way of a Time Order or Tomlin Order.

 

IMHO, you need to obtain information first. Do NOT under any circumstances make contact by telephone unless you are in a position to record your calls.

[dx100uk]

I'd pop off to noddle see below nad get your credit file too?

 

 

does this debt show?

 

 

when did you take the loan out?

when did you last pay it?

 

 

dx