lowells got three hits to the nose on three debts - all written off!

[Finargh]

Hi I'd be very grateful if you could help me with the following query:

 

How do you calaculate whether a bank account debt is statute barred?

 

If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently

 

what date do you choose for six years elapsed?

From the first transaction out of the account that made it a negative balance?

 

And if I may also ask:

How do you calculate the statute barred date for a credit card?

Is it from the last payment made to the card or is it from the first payment missed?

 

Thank you very much

[AndyOrch]

Overdrafts are the last deposit made by yourself.

 

Credit cards are the first contractional missed payment.

 

Andy

[Finargh]

Even if say a final deposit was made in Jan, leaving a positive balance, and then two months later debit card payments were taken out resulting in an unauthorised overdraft and then default? (Thank you Andy!)

[dx100uk]

Sounds correct

You say multiple debit card payments...what pdl loans?

[AndyOrch]

Even if say a final deposit was made in Jan, leaving a positive balance, and then two months later debit card payments were taken out resulting in an unauthorised overdraft and then default? (Thank you Andy!)

 

Yes you defaulted on the facility when you failed to deposit funds..thats your breach of the agreement.The OC would then have to issue you a formal warning and allowing up to 28 days for you to respond...if you fail to make arrangement then they issue a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974...again another 14 days to respond.

 

So all in last deposit not made plus 2 months tops.

[Finargh]

Thanks Andy

 

Yes DX despite there being insufficient funds the bank allowed multiple random debit card payments out, like four on one day sometimes, resulting in an unauthorised overdraft I hadn't agreed to, and then added penalty charges and interest etc and then allowed more debit card payments to be taken weeks/month later compounding the problem. I'm curious as to why the bank thought it reasonable to allow such payments at the start let alone when there was a significant negative balance.

 

I remember there as a case in the news some years ago about someone winning against overdraft charges but I can't remember it now. Anyway I was also hoping it would be statute barred sometime this year.

[AndyOrch]

The case was Oliver Foster Burnell v LLoyds TSB Bank

[Finargh]

:-)Thanks Andy!

[dx100uk]

so were these PDL direct debits?

[Finargh]

ok surprisingly this post has concluded

- I sent an upset email to the FCA email contact of the debt-buyer after I received a letter talking about possible escalation to legal action complaining about various things and also stating that they must action a GDPR request if they don't satisfy my complaint

 

- this was a few days ago

- have today received a posted response stating that they will close this account and not pursue it,

 

send me a cheque for inconvenience (I didn't ask for or mention this) and also noting I have two other accounts with them (credit cards) they're closing those two accounts as well

[AndyOrch]

Who is this DCA ?

[Finargh]

Lowell

[dx100uk]

Wow punched lowlife on the nose 3 times...well done!!

[Taegair]

Wow punched lowlife on the nose 3 times...well done!!

 

 

Well... I wouldn't labell Lowell a lowlife. They are just a debt collection agency acting on instructions from their clients.

[basildonbond1946]

They are Low Life.They rely on the ignorance of most people with regard to debts with idle threats and downright lies to get you to pay them thier parent company buy portfolios of debt from banks etc for peanuts and try to get the debtor to pay full whack.As soon as you stand up to them they back down and move on to another victim (sucker)