Marlin chasing old Lloyds Loan - poss statute barred debt

[amphiprion]

Hmm im a little confused!

 

This is not yet SB but should be SB in 8 to 10 weeks maybe earlier

but I wont know until the SAR results come through.

If they put in a Cc claim before it is SB, the SB clock will stop and I am fair game!

 

If however I put in A CCA request it will put the account into dispute until they produce the CCA.

During this time they should not be able to issue a claim.

 

 

This company routinely asks for 40 days to comply with a CCA request.

They may not be able to supply a suitable CCA, which will stop them in their tracks,

 

 

And even if they do, the clock is still ticking and SB it getting closer whilst they are trying to obtain it!

 

To me it would seem sensible to put in a CCA request if they issue a LBA to slow things down!

 

Unless you know something I dont?

[dx100uk]

theres no concrete proof at all the a CCA slows anyone down

 

 

if they are going to issue a claimform

they'll do it regardless to whatever toiliet paper you send them

or they sent you.

 

 

you are seriously over complicating and over thinking your issue.

 

 

if there ever was one other than in your head.

[amphiprion]

And if they they issue a claim before it is SB?

 

And I have not put in a CCA request surely that would leave me wide open?

[dx100uk]

no your issue the CCA request as part of your response to the claim.

 

 

IF IF IF your ever get one...

 

 

dx

[amphiprion]

Ok ill see what happens next.

 

Just seems to me you should tie up all the loose ends that you can, issuing a CCA request once theyve issued a claim may result in the case being stayed, but that is not necessarily going to be permanent, and you will loose any chance of it becoming SB in that situation.

[Bazooka Boo]

Absolutely not.

By corresponding with them, and demanding certain relevant documents tells them that you're scared.

 

The game of letter tennis is their green light that they have you worried and that they should persist in harassing you all the way to court.

As soon as you stop playing their game, the sooner they move on to easier targets to fleece.

 

There is plenty of time to demand sight of the cards they hold should they issue a claim.

[amphiprion]

I agree with that up to a point!

[amphiprion]

Well... not had any calls from them since the last letter arrived, not sure if thats a good thing or a bad thing!

[Bazooka Boo]

No news is good news....

[amphiprion]

UPDATE!

 

I had attempted calls from them on monday and tuesday, and today recieved another letter from them.

Again no threats of court or anything like that.

 

It simply states that despite repeated attempts they have been unable to get a commitment from me to start paying.

Usual spiel about credit refernce agencies and the effect this debt will have on my credit rating.

It ends by telling me they will continue to contact me to try and help me pay off the debt!

 

Something is obviously wrong with it or they would be threatening litigation by now!

 

As far as the SAR is concerned I got two letters from lloyds today one is a statement for a loan that I paid off and one is a statement for the loan in question!

 

I know for a fact that I cancelled all dierect debits on my bank account at the begining of february 2010.

I was over my overdraft limit and had lost control of the account as they were piling on charges for bounced direct debits, and exceeded overdraft charges etc.

 

I opened an account with another bank and had all my wages paid into it from the first week of february.

 

I spoke to lloyds on 10.02.2010 in an attempt to try and come to some sort of arrangement

but, they just kept tranfering me to different departments and back again,

so after 2 hours on the phone I gave up!

 

Looking at the statement it says I continued paying by direct debit up until 01.05.2010 after which they started returning the DD.

 

None of this seems right to me as they seem to have reinstated the direct debit

and continued paying it from an already exceeded overdraft.

In effect they were making the payments with their own money!

 

Interestingly they have not yet provided me with the actual bank statements from the bank account or any other info for that matter.

I suppose I have to give them the benefit of the doubt at the moment as the 40 days is not yet up.

But to me this is all a bit suspicious at the moment.

 

Does anyone have any thoughts on all of this so far, any advice or suggestions would be greatly appreciated!

 

Thanks in advance!

[dx100uk]

sounds good let it run.

 

 

dx

[amphiprion]

Ok will do!

Am starting to feel just a little more relaxed about it now.

 

Just a bit worried about lloyds continuing to make payments on the loan from an exceeded overdraft and reinstating the DD!

 

This obviuosly affects the SB Clock doesnt it?

[dx100uk]

no it does not

they made the payments not you.

 

 

if you cancelled the DD,and the payments after that date are listed as DD

then go get them back under the DD guarantee

 

 

dx

[amphiprion]

Hmm its proving I cancelled it though! To think we used to trust and respect banks! They are just rogues!

 

Hoprfully I wont have to prove it!

[dx100uk]

should be in the account or comms log of the SAR

 

 

dx

[amphiprion]

Ok will have a look whan it comes, thanks.

[amphiprion]

Well nothing else has arrived regarding the SAR with lloyds, and they only have a couple of days left to comply!

 

Ive heard they do hold back info if they think it may prejudice them and im wondering if this is the case.

 

Of course something might turn up in next couple of days but

ive recieved nothing on the actual acount number I gave them for reference,

which they must have accessed in order to pull the 2 loan statements out that they sent me.

Ive had no covering letter or anything!

 

Does anyone have any thoughts or suggestions?

 

Nerves are getting the better of me today I think,

as if marlin follow their usual letter sending schedule I should be getting something in the post from them today!

 

They have rang everyday bar one since the last letter.

[dx100uk]

let it run

 

don't be afraid of powerless dca's

they are not bailiffs

 

dx

[amphiprion]

Thanks dx, I need to hear comments like that!

 

Well I was right, another letter has just arrived. Still no threats!

 

Just says they have tried to contact me and I have not responded and they need me to get in touch to arrange payments.

 

Usual spiel about the balance affecting my credit rating,

and a comment at the end saying if they do not hear from me they will continue to contact me in order to help me resolve the balance!

 

Is it usual for them to be so patient.

 

I can only go on my experience with capquest who wasted no time at all to get to court!

[dx100uk]

well even if it went to court

you'll putting them to strict proof upon how the balance got to £800

 

and if is the remainder of the contract then that should easily kill any claim.

 

whats this about court and capquest?

did you not defend it?

when was it

I can see no thread here about it/

 

dx

[Bazooka Boo]

The telephone harassment needs to be reported also.

[amphiprion]

I think you might be at cross purposes dx.

Balance is around £12000

And I mentioned the capquest thing early in yhis thread.

[amphiprion]

Re bazooka boo, who should I report telephone harrasment to and how do I go about it?

[Bazooka Boo]

Yes give them the full 40 days then you can escalate it to the ICO after giving them a further 7 days to produce the SAR, or state that they have supplied everything you requested.

 

The lloyds account/debt will be SB this May anyway.

[amphiprion]

Ok bazooka thanks, 40 days is actually up on monday! They might send something through in time but it all just feels a bit strange. There has either been some big cock up in the past and info was lost, or they are hiding something. I was sort of relying on the bank account statments to show up what happened over the DD being put back on after I cancelled it.