Lowells and hamptons legal debt recovery letters for lloyds overdraft

[Mikeybezza]

Hello I had s lloyds bank account closed in 2007 because I did not pay off my overdraft. Now I have been receiving letters from Lowell , or who ever. And I ranf the and said there was a statute bar cause the debt was too old. I heard nothing after that but now I amgetting letters from Hampton legal and I have told them the same, but they reckon it defaulted in 2010. Now there chasing me and treating me. What can they do?

[Kafka]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Can you confirm exactly what they have said, and what you told them about it being SB?

[FlamingParrot]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Hello I had s lloyds bank account closed in 2007 because I did not pay off my overdraft. Now I have been receiving letters from Lowell , or who ever. And I ranf the and said there was a statute bar cause the debt was too old.

Although they always ask you to ring, it's best to avoid using the phone and keep it all in writing. :typing:

I heard nothing after that but now I am getting letters from Hampton legal and I have told them the same, but they reckon it defaulted in 2010. Now there chasing me and treating me. What can they do?

Hampton Legal are part of the Lowell Lowlife Group.: https://www.lowell.co.uk/who-is-hamptons-legal.aspx There is a letter you can send to tell them the debt is SBd. :thumb:

The default date on your credit file is immaterial for SBd purposes although if it's not correct, you should get that amended so it drops off 6 years after you actually defaulted on the account. If it was in 2007, the default should no longer show up on your file.

With regards to overdrafts, it can be a little trickier to establish the exact date the SBd clock starts ticking, as without set payment dates, the cause of action would be when the bank recalls the O/D, which can be months after you stop paying into the current account. For small O/D amounts, they may not bother for a long time. However, if you didn't use the account after 2007, you could safely argue it's SBd. Send them the letter below:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[jon1965]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Hi
Was the account actually closed in 2007 ? If it was then as FP says above the debt will be statute barred. If however they kept it going for a while and were chasing you then it may be sometime after that when the SB clock started ticking. When did they sell it to Lowells, I know some companies do not actually default accounts until just prior to sale but that can be challenged ( I have done that successfully on one occasion although it makes no difference to me)

[FlamingParrot]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Was the account actually closed in 2007 ? If it was then as FP says above the debt will be statute barred. If however they kept it going for a while and were chasing you then it may be sometime after that when the SB clock started ticking.

Indeed, if the overdrawn amount was small, they may not recall, hoping one day you'll use the account again, that's what Barclays did with my business account, which went O/D due to their own charges (no O/D facility) and was never recalled in years, I still use it. :grin:

Having said that, if the OP sends the SBd letter, it would be up to THEM to show it's not SBd, and if there's no record of payments made into the account from 2007, they'll struggle.

When did they sell it to Lowells, I know some companies do not actually default accounts until just prior to sale but that can be challenged ( I have done that successfully on one occasion although it makes no difference to me)

Default dates matter for the purpose of your credit file but for SBd purposes their are immaterial. :thumb:

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Indeed, if the overdrawn amount was small, they may not recall, hoping one day you'll use the account again, that's what Barclays did with my business account, which went O/D due to their own charges (no O/D facility) and was never recalled in years, I still use it. :grin:

Having said that, if the OP sends the SBd letter, it would be up to THEM to show it's not SBd, and if there's no record of payments made into the account from 2007, they'll struggle.

Default dates matter for the purpose of your credit file but for SBd purposes their are immaterial. :thumb:

thank you so much FlaminpArrot really appreciate this snd the letter template

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

I have sent the lettering i I'll updateyou as they reply , it strange it wa last year they chased me and stopped then this year it's 6months and nearly weekly letters to get to this point. Seems strange and stupid.
Do they have the power to arrange to have court bailiffs attended address / clamp etc? And what will happen before this date? Will they send letters etc?

[Kafka]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

:bump2:

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Can anybody answer this please

[Kafka]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Bailiffs can only act on a court warrant so they would need to secure a CCJ first.

Just to clarify, you haven't used the account since 2007 or acknowledged any debt? If that's the case and you have sent the SB letter then that's all you need to do for now.

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

They have relplyed and want me to confirm the account (they must have two accounts) the bank account in question was closed by lloyds in 2007. They debt people are telling me In previous telephone call it defaulted in 2010

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Yes but how would I know that a ccj had been granted

[FlamingParrot]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

They have relplyed and want me to confirm the account (they must have two accounts) the bank account in question was closed by lloyds in 2007. They debt people are telling me In previous telephone call it defaulted in 2010

First of all, it's best to avoid talking to them and keep it all in writing. :typing:

The default date on your credit file is immaterial for the purpose of SBd although you may want to argue the point to get the default removed as it's older than 6 years and shouldn't be there. It's not uncommon for debt purchasers to make up their own default dates when they buy the debts.

Yes but how would I know that a ccj had been granted

You can search the public record here: http://www.trustonline.org.uk/search-yourself

You should have received a court claim before a CCJ was obtained but sometimes people move, are away or simply don't open the post, or it may get lost and they find themselves with surprise CCJs. They remain on record for 6 years. Without a CCJ, they can't send bailiffs or clamp your vehicle. In fact, even with a CCJ, this type of enforcement is not very common for debts of this type. Although a creditor can apply for a warrant of execution to send bailiffs round to enforce a judgment, in practice this doesn't happen often with consumer credit debts. Most stories you read involving bailiffs relate to non-payment of council tax or fines. :thumb:

It's still worth checking the record to be 100% sure there is no CCJ, as those don't go SBd.

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

Ok so they have replied and have given me 7days hold I the account. This is what they said. :-

I appreciate that the last payment may have been more than six years ago but this debt did not become fully due and payable until Lloyds issued a Default Notice, which you did not comply with.
According to our information, the Default was applied in May 2010 and, therefore, we consider that the debt is enforceable for 6 years from that date.

I can see that we also hold the following account with you:
Original Company Name: Vodafone
Outstanding Balance: £484.57.

that is what they relplyed !!! The Vodafone account was from a mobile phoe that I had when I was 17 yes not even old enough and the the contract was cut off in 2001 !!!

so how do I stand with them now and why are they say lloyds defaulted this in 2010 I think lloyds gave up in 2010.

[Mikeybezza]

Re: Lowells and hamptons legal debt recovery letters for lloyds overdraft

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