Old TSB Account sold to Lowell's what do I do??

[neomaster35]

Good Afternoon

Sorry if you covered this subject before but Im stuck what to do, 7 years ago I started to default on my TSB Credit card (£2700), this was mainly due to being made redundant and I had to sell my house or face fall behind on my morgage but I manage to sell it before it became a big problem. I then moved to rented accomodation and got a new job (for a short time), I changed my address with TSB but I still was unable to pay the debt and I cant actually remember paying anything back in 2005 onwards I was also in a situation where my bank account was excessively over drawn, I then moved in with my girlfriend in Oct 2006 where I am living now, I informed Lloyds TSB of my change in address and the persued me for the overdraft (over £500) which after a collection agency became involved I slowly repaid it after waiting for the court case about unfair charges which ruled in favour of the banks.

But I never got any letters in regards to my Credit card since I moved and before Oct 2006 I didnt actually acknowlege the debt or actually speak to the bank about it (my last payment was back in 2005).

last month I got a letter from Lloyds TSB to advise that the old debt had been sold to Lowell and a second letter from Lowell demanding I cleared the debt, at this stage I did some reading on the internet about "Debt Barred" and sent them a letter stating :

It is my understanding that under the Limitation Act 1980 Section 5

"an action founded on simple contract
shall not be brought after the expiration of six years from the date on which
the cause of action accrued".

I would also point out that the OFT say under their Debt Collection
Guidance on statute barred debt that

"it is unfair to pursue the debt if the
debtor has heard nothing from the creditor during the relevant limitation
period".

The last correspondence/payment/acknowledgement or payment of this
debt was made over six years ago and no further acknowledgement or payment has
been made since that time. Unless you can provide evidence of payment or
written contact from me/us in the relevant period under Section 5 of the
Limitation Act, I suggest that you are no longer able to take any court
action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that


"continuing to press for payment after a
debtor has stated that they will not be paying a debt because it is statute
barred could amount to harassment contrary to section 40 (1) of the
Administration of Justice Act 1970".


I await your written confirmation that no further contact will be made
concerning the above account and confirmation that this matter is now closed.

Today I have received another letter from Lowell stating that they had written back to me in the quey on my account with them and that they want me to arrange a repayment or a repayment plan on this account, I have sent them a email stating that no such reply or evidence has been provided to me to prove this is not "Debt Barred", I very nearly phoned them but after reading some posts on here I thought I better not (and I am ignoring any undisclosed phone calls as its normally them.

Last thing I want to do is them visit my girlfreinds house (she knows all about it). So is this really Debt Barred and what is my best next step if they keep phoning and harrassing me about this debt, I have registered with Expeian Credit check and in august there was no record of this so I am going to check again.

Any advice would be greatly appreciated as I am very worried about this and how it may effect my credit score (since this I have been paying all my bills on time).

Thanks

[miliitant]

Re: Old TSB Account sold to Lowell's what do I do??

you have put the account into dispute

i would send the statute barred letter again by recorded delivery for a paper trail

i can honestly say pigs will be flying before lowell send around any sort of collector

if the debt is statute barred then their should be no record with the credit agencies anyway

have you checked your credit file as lowell have been known to default when the account is assigned to them to try and extend the limitations period




The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

[neomaster35]

Re: Old TSB Account sold to Lowell's what do I do??

Thanks, I am going to re-check my Expeian Credit check again and see if they have done anything, I sent the original letter to them registered anyway due to the nature of it. But I think they are lying about sending me a reply as post doesnt that often go missing especially something important like this. Should they keep contacting me I send them a warning quoting the Harrassment act and any others I can nail them with.

[bluebottle]

Re: Old TSB Account sold to Lowell's what do I do??

The onus of proof as to whether a debt is not statute-barred lies on the creditor or DCA. As regards Section 40, Administration of Justice Act 1970, this provision is very rarely used these days as the penalties it prescribes are no longer a deterrent. The more effective provision is Section 3, Protection from Harassment Act 1997. This carries unlimited civil liability for the creditor/DCA and the ability to obtain a "without notice" injunction to restrain them.

[neomaster35]

Re: Old TSB Account sold to Lowell's what do I do??

Just checked my Expeian Credit Check and all they done is two searches once on 11th June and then again on 26th

[miliitant]

Re: Old TSB Account sold to Lowell's what do I do??

well i am 99.9999999999% sure it is statute barred then

[neomaster35]

Re: Old TSB Account sold to Lowell's what do I do??

Ekkk I just had a phone call from Lowells, and it got a bit heated lol....they claim a payment was made on the account last year which I know I never paid (I dont even have the account number) I told them that no such payment had been made at all my myself or even my partner, and I asked for the evidence of such payment and including who actually made the payment. I told them it was there resonsibility to provide clear evidence that it was not Barred, could this be another dirty tactic by the company?

[winner12]

Re: Old TSB Account sold to Lowell's what do I do??

Yes your right there its their next ploy Im afraid and let them prove it but you do need to stop talking to them on the phone

[neomaster35]

Re: Old TSB Account sold to Lowell's what do I do??

Yes your right there its their next ploy Im afraid and let them prove it but you do need to stop talking to them on the phone

Oh I will be taking that advice and wont be talking or writing to them for sure, what other dirty tactics can I expect from them in the future, as I am 100% certain I have not paid anything, they claimed a 3rd party could of made the payment but no-one knows any details of this account (including myself).

If they dont actually have this evidence they actually claim they do have surely this could be classed as either Fraud or Obtaining Monies by deception?

[neomaster35]

Re: Old TSB Account sold to Lowell's what do I do??

Well just to let you know that I am awaiting the so-called evidence of this payment they are claiming was made from the bank, one question is if another old account such as a current account (which I cleared the outstanding balance after it went to a debt collection agency) was slightly in credit at the end of the repayment plan and the bank diverted it to this account can that be a justification for it to not be Statute Barred?

[teaboy2]

Re: Old TSB Account sold to Lowell's what do I do??

No it can not, the payment must have come from you and had your authrisation. The Bank using their right to setaside funds from another account, belonging to the debtor, as payment towards a debt does not consitute a payment or acknowledgement of the debt by the debtor. There must be a clear unequivocal verbal or written communication of authorisation for payment by the debtor, same when it comes to acknowledgement of the debt.