Default placed on statute barred debt

[ryanp]

Hi all,

New to the forum, hoping to make some friends and get some advice, I have already rudely sent a message to Celestine begging for help!

I got into debt back in 2001 when I was 18, one of my creditors was Lloyds TSB and they placed a default on my file; after a few months I called them to pay what I owed but was told the debt was "wiped off". Unfortunately, if any correspondence were sent, that is long gone; my accounts with Lloyds were closed at this time.

I have then spent the past 12 years building up my credit score, I have a good job, credit cards and a mortgage.

In November 2012 Westcott Credit Services sent me a red letter stating I owed £919; I called them to be told it was for the same old Lloyds debt I wanted to pay off all that time ago. To that point, I have had absolutely zero contact with Lloyds TSB, nothing at all in those 12 years.

I checked my credit file and found that Westcott placed a default on my file in November 2012 when they sent their letter, there is nothing else on my file for this account.

Lloyds seem completely disinterested now they have sold this alleged "debt" on; I have sent a letter to Westcott stating I believe the debt to be statute barred and to remove the default. They have sent me their standard letter stating the account is on hold whilst they investigate, it's the same letter they sent when I first called them after receiving their demand in November.

please, please can someone advise what I can do.

I've gone to the Citizens Advice but they didn't have a clue, I've sent an email to the financial ombudsman with my complaint also.

Is it legal what they have done, should I approach a solicitors?

Many thanks,

Ryan Prosser

[gravytrain]

Re: Default placed on statute barred debt

Hi all,

New to the forum, hoping to make some friends and get some advice, I have already rudely sent a message to Celestine begging for help!

I got into debt back in 2001 when I was 18, one of my creditors was Lloyds TSB and they placed a default on my file; after a few months I called them to pay what I owed but was told the debt was "wiped off". Unfortunately, if any correspondence were sent, that is long gone; my accounts with Lloyds were closed at this time.

I have then spent the past 12 years building up my credit score, I have a good job, credit cards and a mortgage.

In November 2012 Westcott Credit Services sent me a red letter stating I owed £919; I called them to be told it was for the same old Lloyds debt I wanted to pay off all that time ago. To that point, I have had absolutely zero contact with Lloyds TSB, nothing at all in those 12 years.

I checked my credit file and found that Westcott placed a default on my file in November 2012 when they sent their letter, there is nothing else on my file for this account.

Lloyds seem completely disinterested now they have sold this alleged "debt" on; I have sent a letter to Westcott stating I believe the debt to be statute barred and to remove the default. They have sent me their standard letter stating the account is on hold whilst they investigate, it's the same letter they sent when I first called them after receiving their demand in November.

please, please can someone advise what I can do.

I've gone to the Citizens Advice but they didn't have a clue, I've sent an email to the financial ombudsman with my complaint also.

Is it legal what they have done, should I approach a solicitors?

Many thanks,

Ryan Prosser

Perhaps a letter before action addressed to their data controller, giving him 14 days to remove the marker, and threatening a claim for damaging your credit rating without legal cause.

[CleverClogs]

Re: Default placed on statute barred debt

Is it legal what they have done, should I approach a solicitors?

No and possibly, respectively.

You should also tell the Trading Standards wallahs at your local town hall, as Wescot's antics contravene the OFT Debt Collection Guidelines - PDF link here

[ryanp]

Re: Default placed on statute barred debt

Thanks both, I've had no response yet from the OFT or Financial Ombudsman and Citizens Advice was hopeless; Trading Standards it is.

I definitely will send that letter giving the 14 day warning. I get the feeling they're happy to send me a letter saying they're looking into it and let that be it, without taking this default off.

So annoyed, it was only a the week before all this happened that we were looking at houses and potential mortgages and now all that is out of the window.

[Kafka]

Re: Default placed on statute barred debt

If it was me I would do what GT has suggested. Kick-ass time, methinks.

LBA - 14 days or else and that will focus their minds more than anything. Threaten a claim for substantial damages for wrongful default unless they remove the default immediately and confirm in writing that they have done that and will be closing this file.

[ryanp]

Re: Default placed on statute barred debt

If it was me I would do what GT has suggested. Kick-ass time, methinks.

LBA - 14 days or else and that will focus their minds more than anything. Threaten a claim for substantial damages for wrongful default unless they remove the default immediately and confirm in writing that they have done that and will be closing this file.

Does this sound ok to people?:-

I recently wrote to your company stating that I do not recognise the above alleged debt as it is statute barred; I trust you still have the letter.

I have asked for the default marker placed on my credit file to be removed and have thus received any confirmation that this will be done.
I have approached both the Financial Ombudsman and the Office of Fair Trading about the matter who have both advised that your actions contravene the OFT’s debt collection guidelines and am giving you 14 days notice from the date above to remove the default or I shall instruct my solicitor to start proceedings against your firm.

I look forward to your reply.

Yours faithfully

[gravytrain]

Re: Default placed on statute barred debt

Despite earlier demands to remove the incorrectly entered default marker placed by you on my file, I note that you have taken no action.
I must inform you that the matter has now been referred to the OFT and the ICO .
The account in question entered into default on xx/xx/cxx and is now statute bared.
ICO guidelines state that default markers should be recorded six months after the initial breach of an agreement, this means that any record should have fallen off my file in xx/xx/xx.
The continued processing of this data is a direct breach of data protection principles and can be used as cause for an action to recover damages.

Please regard this correspondence as a letter before action in compliance with pre-action protocols. If the marker is not removed within 14 days I will be entitled to commence a claim for damages.