Lowell/Overdales Letter - Possibly statuted barred?

[echat11]

Bank of Scotland has been a subsidiary of Lloyds Banking Group since 19 January 2009,

So you believe it's a Lloyds Credit Card and Lloyds Overdraft.

There latest letter states 2 Credit Cards.

Update when you get more info.

[StressedSal]

Oh I did not know that about the BOS/Lloyds.

I’ve only ever had one credit card with Lloyds and then a current account with an overdraft. Which matches my credit file.

so I’m not sure where the BOS has come from on this letter. But I will wait and see what comes back from the CCA and SAR requests.

Thank you!!

[StressedSal]

I have finally had a reply from Lowell’s, their letters are date 30/01 so I think there has been some postal delays

in regards to the Lloyds credit card they have stated that they have requested information from Lloyds and will hopefully have it to send in 13 working day.

the second account is as I thought the Lloyds overdraft! To which they have said the following;
Responding to your request for documentation

We understand your request for information under Sections 77 & 78 of the Consumer Credit Act 1974.

In accordance with Section 74(b) of the Consumer Credit Act 1974, there is no requirement to supply a copy of the agreement for current bank accounts under Sections 77 & 78 of the Consumer Credit Act 1974.

Please see below the information we can provide with regards to this account:

Agreement Start Date: 4th October 2000

Product Name: Overdraft - LLOYDS

• Default Date: 5th July 2018
• Default Balance

We understand that the balance outstanding is valid and owing.

Please contact us with your repayment proposals

We kindly ask that you contact us to discuss your intentions towards the account.

You can contact our team on 0333 556 5733 or email us at post@lowellgroup.co.uk and we'll be happy to help you set an affordable repayment plan with your preferred payment method.

We've placed your account on hold for 30 days to allow you time to review the information we have provided and get back to us.

We trust this clarifies our position.

i have done as you recommended and put in a sars request to Lloyds which they have acknowledged receiving in writing. So I am just waiting for this to come through.

am I best to wait for Lloyds and Lowell’s to share the information with me before responding?

Many Thanks

[echat11]

So,

a) Lloyds credit card information from Lloyds and the will hopefully send in 13 working day.

b) Lloyds Overdraft, they need to provide Terms and Conditions etc when the account was opened, how otherwise are you going to know if you've been defaulted correctly? So you'll need to 'push' them on that. Might need to see advice from PT (site member) on your response.

Update when you get a response.

[StressedSal]

Hi Echat11,

Today I have received the Lloyds SARS request via email, there are over a thousand pages in total, as I was with them for sometime.

Am I just looking for a default letters amount the files?

Many Thanks!!

[echat11]

Hi Echat11,

Today I have received the Lloyds SARS request via email, there are over a thousand pages in total, as I was with them for sometime.

Am I just looking for a default letters amount the files?

Many Thanks!!

Start by putting aside the documents that don't matter, make a note of APR's change of Terms and Conditions -

So Lloyds Credit Card, look for Agreement, Default Notice and Letter of Assignment.

Lloyds Overdraft look for Terms and Conditions.

[StressedSal]

Thank you!
I’ve just started going through the information and have come to this page, the very last paragraph says that they do not keep copies of default notices… where does this leave me?

I can seen from the bank statements when I last made a payments and have notices of missed payments. I received two letters regarding missed payments, one for the missing Nov and Dec 2017 and then other letter was a notice for missing payments for Jan and Feb 2018.

(I still need to find the overdraft TCs, I haven’t got that far yet)

Thank you! S!



Information held on computer by Rosyth and Chester

Collections & Recoveries

Depending on the account information you have requested, the information enclosed may include any of the following:

: Enquay setains

• Promotion history
• Contact notes
• Personal Loan history

• Namedales amelien screens

• Details of payments made
• Details of any linked accounts
• Details of 3rd party Debt Management Companies who have dealt with your arrears

Please be advised letters sent by collectors are not saved by customer and therefore cannot be provided under a Data Subject Access Request. However if you have misplaced a letter please contact collections and they will be able to re-create it and send you a further copy.

The details of your letters to Collections will have been detailed in the attached and the actual paper copies securely destroyed.

Therefore it is not possible to provide copies of your letters to that department.

Copies of Default, Enforcement, Termination and Assignment notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request.

[echat11]

Thank you!
I’ve just started going through the information and have come to this page, the very last paragraph says that they do not keep copies of default notices… where does this leave me?

I can seen from the bank statements when I last made a payments and have notices of missed payments. I received two letters regarding missed payments, one for the missing Nov and Dec 2017 and then other letter was a notice for missing payments for Jan and Feb 2018.

(I still need to find the overdraft TCs, I haven’t got that far yet)

Thank you! S!



Information held on computer by Rosyth and Chester

Collections & Recoveries

Depending on the account information you have requested, the information enclosed may include any of the following:

: Enquay setains

• Promotion history
• Contact notes
• Personal Loan history

• Namedales amelien screens

• Details of payments made
• Details of any linked accounts
• Details of 3rd party Debt Management Companies who have dealt with your arrears

Please be advised letters sent by collectors are not saved by customer and therefore cannot be provided under a Data Subject Access Request. However if you have misplaced a letter please contact collections and they will be able to re-create it and send you a further copy.

The details of your letters to Collections will have been detailed in the attached and the actual paper copies securely destroyed.

Therefore it is not possible to provide copies of your letters to that department.

Copies of Default, Enforcement, Termination and Assignment notices are not saved by customer name so we are unable to provide copies under a Data Subject Access Request.

Credit Card - After 3 missed payments they would possibly (going by the above information) have defaulted the account in February 2018. You haven't got a default date i.e. 8th February 2024. If there is no CCJ, no payments has been made since XX February 2018 (6 years) and no acknowledgement in writing of the debt since XX February 2018 (6 years), then it might be statute barred.

[StressedSal]

Hello again!

After establishing that the debt is statues barred I have received a letter from Overdales solicitors with a date in December 2022 that I wrote to the original creditor, so therefore the debt is not SB.

I know that this is absolutely not the case.

how do I move forward with them with this?

I hope you’re well! And thank you for your time!

[echat11]

Hello again!

After establishing that the debt is statues barred I have received a letter from Overdales solicitors with a date in December 2022 that I wrote to the original creditor, so therefore the debt is not SB.

I know that this is absolutely not the case.

how do I move forward with them with this?

I hope you’re well! And thank you for your time!

Did you send the Subject Access Request? As asked to do in post 4.

If they are saying you sent a letter, then that letter would be on file and you would receive a copy in the SAR request from the Creditor.

[StressedSal]

Hi

yes I did the SARS request and the only things that came back was the t&c’s and statements and missed payment letters.

There was no default notice or anything included.

Thank you!!

[echat11]

Hi

yes I did the SARS request and the only things that came back was the t&c’s and statements and missed payment letters.

There was no default notice or anything included.

Thank you!!

Did you receive a copy of the letter they said you sent them? It should have.

'I have received a letter from Overdales solicitors with a date in December 2022 that I wrote to the original creditor, so therefore the debt is not SB.'

[StressedSal]

No there was no copy of a letter enclosed and I am absolutely confident I have never written to them before now!

The Overdales letter states “we are instructed that on 24/12/2022 you last made written acknowledgement of the account xxxx directly to the original creditor. The cause of action therefore accorded no earlier than that date, and may perhaps have accrued later in the case of any part of the debt affected by any later default notice. As this is less than 6 years ago, the debt is not statue barred.”

[echat11]

No there was no copy of a letter enclosed and I am absolutely confident I have never written to them before now!

The Overdales letter states “we are instructed that on 24/12/2022 you last made written acknowledgement of the account xxxx directly to the original creditor. The cause of action therefore accorded no earlier than that date, and may perhaps have accrued later in the case of any part of the debt affected by any later default notice. As this is less than 6 years ago, the debt is not statue barred.”

You sent two SARs, I take it that this is for the Credit Card, not the Overdraft?

[StressedSal]

I did the SARs request for Lloyd’s and requested all the information they in it’s entirety.
Lowell’s also then did a (what I assume was) a SARs as they also sent me the same information.

Neither enclosed documents regarding default notices or any letters that I allegedly sent! Only statements and missed payment letters were enclosed.

I am confident that this is the first time I have engaged in communication with anyone regarding this. Do I know request copies of these alleged letters?

Thank you! I hope you’re enjoying this sunshine!