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Hi there all, new to the forum.
Just wanted some advice on what to do about an alleged debt about which Lowell have made contact; I think it might concern an overdraft default from 2014 from Lloyd's, the original creditor. I am not sure if the alleged debt is now statute barred because, while sifting through old emails, I saw that the overdraft was agreed in November 2014 - though I'm not sure when the actual date of default was (It would have to be at least March 2015 for it now to be statute barred.) Once the overdraft was agreed I never made any payments or had correspondence with Lloyd's - I just ignored it until the account was eventually closed after some time (I'm not sure how long). Strangely, I have emails from Lloyds regarding an active account from as recent as 2020, but there is no active account nor any other defaults showing on my credit report.
I'm not sure what my first steps should be, but would appreciate any help.
Some main questions:
I want to send an SAR to the original creditor (Lloyd's) to establish if indeed it is statute barred - will this jeopardise any defence I might need to make in future or restart any current account I might still have with Lloyds? (How can I deny the debt is mine while saying it's older than six years?)
Can the fact I've requested this information be shared between them and Lowell?
What is the actual date from which the six years actually runs - the date the overdraft is agreed or the date the account is closed?
Given the alleged debt is borderline statute barred, is it a good idea to just try to let the process drag on, i.e. don't send them a CCA request for now?
Is there any merit to sending a CCA request sooner rather than later - surely they will have to produce proof before a court order anyway?
I've read somewhere that overdrafts/current accounts are not covered by CCA 1974 and therefore Lowell are not legally obligated to provide proof in the way they might have to with credit cards/shop
loans or whatever - is this true and what implications does it have upon Lowell's ability to enforce the alleged debt?
Would greatly appreciate any help as this whole thing is starting to make me a bit nervous.
Leon
Just wanted some advice on what to do about an alleged debt about which Lowell have made contact; I think it might concern an overdraft default from 2014 from Lloyd's, the original creditor. I am not sure if the alleged debt is now statute barred because, while sifting through old emails, I saw that the overdraft was agreed in November 2014 - though I'm not sure when the actual date of default was (It would have to be at least March 2015 for it now to be statute barred.) Once the overdraft was agreed I never made any payments or had correspondence with Lloyd's - I just ignored it until the account was eventually closed after some time (I'm not sure how long). Strangely, I have emails from Lloyds regarding an active account from as recent as 2020, but there is no active account nor any other defaults showing on my credit report.
I'm not sure what my first steps should be, but would appreciate any help.
Some main questions:
I want to send an SAR to the original creditor (Lloyd's) to establish if indeed it is statute barred - will this jeopardise any defence I might need to make in future or restart any current account I might still have with Lloyds? (How can I deny the debt is mine while saying it's older than six years?)
Can the fact I've requested this information be shared between them and Lowell?
What is the actual date from which the six years actually runs - the date the overdraft is agreed or the date the account is closed?
Given the alleged debt is borderline statute barred, is it a good idea to just try to let the process drag on, i.e. don't send them a CCA request for now?
Is there any merit to sending a CCA request sooner rather than later - surely they will have to produce proof before a court order anyway?
I've read somewhere that overdrafts/current accounts are not covered by CCA 1974 and therefore Lowell are not legally obligated to provide proof in the way they might have to with credit cards/shop
loans or whatever - is this true and what implications does it have upon Lowell's ability to enforce the alleged debt?
Would greatly appreciate any help as this whole thing is starting to make me a bit nervous.
Leon
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