Statute Barred or owned by Fredricksons, Wescott or

[Justtosay]

Meritforce, Buchananclark+wells,Hamptons,Mackenzie Hall or Lowell!

Hello, I am new to the forum so I apologies now if I go off at tangent and the length of this message however I found you after searching for some information regarding bailiffs, debts and striving to achieve financial wellbeing then hopefully a good nights sleep! What a wonderful and much needed support site.

This is the first two debts of many but small steps....

In May of this year I found a Payment Protection Certificate for a Barclaycard which I opened in 2002 and made what I believed to be my final payment to clear the balance and close the account, £2500 on 21 March 2006. Not aware of the PPI on the closed account I completed a PPI consumer questionnaire and sent it of to the bank I did inform them that I was disputing a £251.81 outstanding balance. I have had no response in any way to the questionnaire.

However I have been receiving letters from all the mentioned debt companies claiming I owe £251.81 although Fredrickson's claims £316.81. Admittedly the las of theses were in 2011 these have been replaced by phones calls two most weekends the last 27/12 always the same two numbers one after the other and at the same time 12-12.30.

I discovered a thread on the forum regarding the various balifs and debt collection companies and the term statute barred and hope by posting this members out there may be able to point me in the right direction, next steps.

I have another similar situation with Lloyds TSB: Nelson Guest & partners, MHA Collections, Moorcroft Debt Recovery, Moorcroft Group Plc, Wescott who all claim they own a debt for Lloyds TSB for £996.87
although MHA say it's £139.76. Again I paid of this outstanding balance of £2931 early 2006 and to my knowledge have no accounts with Lloyds.

As Barclaycard I requested a refund from lloyds of my PPI they did reply ' unable to agree the complaint should be upheld'. Something about it being taken out in 2001, a battle for another time!

To my knowledge the last payment on both of theses cards were in 2006 when balances were cleared. Standing orders/direct debits were cancelled in the January of 2006, it's weird the things, I hoard I found a copy of the letter I sent to the bank they sent it back to me with a query.

This could be a long way of asking:

1. By making a PPI claim have I set the ball rolling for all the above debt collectors to start the chase again for the debts they believe the now own?
2. Who actually owns the debt Barclaycard/Lloyds?
3 Are either of these debts statute barred?

Thank you for your time reading my post and all comments will be welcomed

Just

[Turboman]

Re: Statute Barred or owned by Fredricksons, Wescott or

Hi and Welcome

Have pm'd di30 for you--she better than me at procedural stuff like this--I calculate or check redress payments best

Turbs

[Justtosay]

Re: Statute Barred or owned by Fredricksons, Wescott or

Thanks you! Little confused over the abbreviations which I'm sure I will get use to, however I take it you have passed it on, big thank you!

[di30]

Re: Statute Barred or owned by Fredricksons, Wescott or

Meritforce, Buchananclark+wells,Hamptons,Mackenzie Hall or Lowell!

Hello, I am new to the forum so I apologies now if I go off at tangent and the length of this message however I found you after searching for some information regarding bailiffs, debts and striving to achieve financial wellbeing then hopefully a good nights sleep! What a wonderful and much needed support site.

This is the first two debts of many but small steps....

In May of this year I found a Payment Protection Certificate for a Barclaycard which I opened in 2002 and made what I believed to be my final payment to clear the balance and close the account, £2500 on 21 March 2006. Not aware of the PPI on the closed account I completed a PPI consumer questionnaire and sent it of to the bank I did inform them that I was disputing a £251.81 outstanding balance. I have had no response in any way to the questionnaire.

However I have been receiving letters from all the mentioned debt companies claiming I owe £251.81 although Fredrickson's claims £316.81. Admittedly the las of theses were in 2011 these have been replaced by phones calls two most weekends the last 27/12 always the same two numbers one after the other and at the same time 12-12.30.

I discovered a thread on the forum regarding the various balifs and debt collection companies and the term statute barred and hope by posting this members out there may be able to point me in the right direction, next steps.

I have another similar situation with Lloyds TSB: Nelson Guest & partners, MHA Collections, Moorcroft Debt Recovery, Moorcroft Group Plc, Wescott who all claim they own a debt for Lloyds TSB for £996.87
although MHA say it's £139.76. Again I paid of this outstanding balance of £2931 early 2006 and to my knowledge have no accounts with Lloyds.

As Barclaycard I requested a refund from lloyds of my PPI they did reply ' unable to agree the complaint should be upheld'. Something about it being taken out in 2001, a battle for another time!

To my knowledge the last payment on both of theses cards were in 2006 when balances were cleared. Standing orders/direct debits were cancelled in the January of 2006, it's weird the things, I hoard I found a copy of the letter I sent to the bank they sent it back to me with a query.

This could be a long way of asking:

1. By making a PPI claim have I set the ball rolling for all the above debt collectors to start the chase again for the debts they believe the now own?
2. Who actually owns the debt Barclaycard/Lloyds?
3 Are either of these debts statute barred?

Thank you for your time reading my post and all comments will be welcomed

Just

Hi and welcome,
Cheers Turbo.

I note you said you have already started the ball rollling on the PPI, the dca need to be aware that the account is currently in dispute, you can do this by writing to them again if you already done so and tell them once the matter has been resolved, you will be in touch, but at this current time you are dealing with an issue that you need resolving first. Any further problems, you can complain to the Financial ombudsman service (FOS), and if the complaint does end up going as far as the FOS (such as if the business fail you or treat you poorly) causing you undue distress, you can write back and tell them that the matter is now in the hands of the FOS and they should next be hearing from them about this matter.

What letters have you had from both Barclays and Lloyds about the debt being owned by a Debt collection Agency (DCA), some banks have their very own collections department, and I understand that one of those are Buchananclark+wells via Lloyds, cannot remember for sure, however, if they fully sold your accounts, you should receive letters from both Lloyds and DCA at the same time, usually in the same envelope, these are a little different to the usual letters from the DCA. If letters fully sold, then the DCA is then fully assigned by the DCA where the bank would no longer have anything to do with the account, unless of course they buy the account back from the DCA.

So it depends on what the letter says really (if the debt has been sold on), this will go for both Barclays and Lloyds.

Sorry if I have misunderstood, if I have please feel free to let me know.

In regards of statute barred, in the last 6 years have you paid anything to them at all, or been in contact yourself?
From what I understand if there's been no contact or payment once 6 years have gone by, you can raise the issue of this to them, where they will not be able to retrieve the money/debt, but the only issue here then would be, this would be classed as an account that do not exist, where you would not be able to reclaim on the PPI if you get my drift.

I'm sure other folks on here will post up with some info for you too.

The best of luck with this.

[Nikolai]

Re: Statute Barred or owned by Fredricksons, Wescott or

In England and Wales there must be no payment or acknowledgement of the debt for a clear period of 6 years - that is 6 years in one straight timeline. The debt then becomes statute-barred. This does not mean that DCA's and the like will stop bothering you. It doesn't even mean that the creditor is unable to commence court proceedings against you. You can still be sued for the debt. What it does mean is that you can legally stick 2 fingers up to DCA's and others who keep contacting you - just tell them the debt is statute-barred and then hang up. It also means that if anyone is dumb enough to sue you, then the Limitation Act provides you with a complete defence - you just have to file the defence asserting that the debt is statute-barred. You need give no other reason for non-payment because none is relevant. The claim has been brought too late, end of.
Many people believe that you can't be sued once the 6 years has elapsed - this is wrong. You can be sued, but you can defend and win, and if you win a case you get costs against the idiot creditor that commenced the proceedings.

[labman]

Re: Statute Barred or owned by Fredricksons, Wescott or

An excellent summary Nickolai - just one thing being fussy, it's no payment or written acknowledgment of the debt for a continuos period of 6 years.

Justtosay - if the debts are, or are very close to being Statute Barred (SB) it would be unwise to write to any of the Debt Collection Agencies (DCA's) at the moment. If there is any serious threat of court proceedings or anything though, please say as there is a letter you could send them to get them to prove you actually owe the debt to them.

Usually when a debt is passed on you get a Notice of Assignment (NOA) which is basically a goodbye from one company and a hello from another company saying they will be handling the account in future. If you have not had one of these, it is likely to be an Equitable Assignment which would mean the original company still owns the debt, but the DCA is trying to collect it on their behalf.

It would be worth checking to see if you've received any NOA's - if you have, post up again. :santa2:

[Justtosay]

Re: Statute Barred or owned by Fredricksons, Wescott or

Hello Labman, it's nice to meet you! Thank you for the further clarification. Barclays I am confident with, Lloyds a little more,investigation as from statements they claim to have been receiving payments, could I have an account that I was unaware of for the last six plus years, no statement, nothing definitely no credits! I need to do,a little more,investigating.

Thanks again for the information as it helps with my next alleged debt, for rent, since 2006 there is something about that year, weird as I have been paying a mortgage since 2000! They say the contract was terminated in January 2006 and have had no payments of arrears??? Mmm interesting as they gave me a rent reference thus now a homeowner. Think this is still with the local authority, I have no record of this and will wait until they come up with the proof!