Jump to content


Finargh

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 400 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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 :-)

Share this post


Link to post
Share on other sites

Overdrafts are the last deposit made by yourself.

 

Credit cards are the first contractional missed payment.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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!)

Share this post


Link to post
Share on other sites

Sounds correct

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
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.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

so were these PDL direct debits?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

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

confused.gifjaw.gifconfused.gif

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites
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. :oops:

Share this post


Link to post
Share on other sites

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)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...