Lowells and hamptons legal debt recovery letters for lloyds overdraft

[FlamingParrot]

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.

The cause of action would be when they had a cause to start recovery action against you. That's normally once you miss a contractual payment. With overdrafts it's not so clear cut because there are no set payment dates, but 3 years after the last payment was made is not acceptable. Have you checked your credit file to see if there's a default recorded in May 2010? If so, that's what they're referring to and it has no bearing on SBd, however, for the sake of your credit file, you should get that record amended so that default no longer shows if it was meant to date back to 2007. :thumb:

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 !!!

Twice Statute Barred! msl: msl:

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.

2010 must have been when they sold the account to Lowell. As you've already made your point, I'd just wait and see if they write again. Once you claim a debt to be SBd, it's up to THEM to PROVE it isn't, and it's against collection guidance to keep pressing for payment once a debtor has informed a creditor that the debt is SBd and will not be paying for that reason. Let's see if you hear from them again and do post up when you do. :typing:

[Mikeybezza]

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

Thanks for the reply and very much appreciate this help!


i will wait a letter from them, is there not something I should write them to in the mean time?

i am concerned that I ll get baliffs from the court round my house clamping my car and armed with a warrant! But u gues I ok have oke tt of warning if that ever happened.

[Mikeybezza]

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

Thanks for the reply and very much appreciate this help!


i will wait a letter from them, is there not something I should write them to in the mean time?

i am concerned that I ll get baliffs from the court round my house clamping my car and armed with a warrant! But u gues I ok have oke tt of warning if that ever happened.

[FlamingParrot]

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

i will wait a letter from them, is there not something I should write them to in the mean time?

You have already stated your position and they've responded with rubbish including a mobile contract from 2001! When they write again, you can refer them to your previous correspondence stating the debt is SBd and the guidance with regards to pursuing SBd debt. The letter does say "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."

i am concerned that I ll get baliffs from the court round my house clamping my car and armed with a warrant! But u gues I ok have oke tt of warning if that ever happened.

No, you WON'T get bailiffs from the court, nor will you car be clamped. :nono: They would need a court order to do that, which they could only obtain if they had a CCJ against you. In order to get a judgment against you they would have to issue court papers and you would have the opportunity to defend the claim and avoid the judgment. :thumb:

To reiterate: bailiffs cannot be used to recover ordinary consumer debts such as credit cards, loans, overdrafts, mobile contracts, etc. unless the creditor has obtained judgment against the debtor (a CCJ). Things are different with things like council tax and magistrates court fines which are the most common reasons people receive visits from bailiffs.

[Vodafone Company Rep]

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

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 !!!

Hi Mikeybezza,

If you'd like me to take a closer look at this, email me with your details via the Contact us form here and quote the code WRT135 - FAO Lee in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

[Mikeybezza]

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

You have already stated your position and they've responded with rubbish including a mobile contract from 2001! When they write again, you can refer them to your previous correspondence stating the debt is SBd and the guidance with regards to pursuing SBd debt. The letter does say "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."

No, you WON'T get bailiffs from the court, nor will you car be clamped. :nono: They would need a court order to do that, which they could only obtain if they had a CCJ against you. In order to get a judgment against you they would have to issue court papers and you would have the opportunity to defend the claim and avoid the judgment. :thumb:

To reiterate: bailiffs cannot be used to recover ordinary consumer debts such as credit cards, loans, overdrafts, mobile contracts, etc. unless the creditor has obtained judgment against the debtor (a CCJ). Things are different with things like council tax and magistrates court fines which are the most common reasons people receive visits from bailiffs.

ok so I asked them to prove it again and they sent this.

Thank you for your email.

Please find listed below your account details:

Lowell reference: 175044916
Original creditor: Orange
Original reference: 76165586
Balance: £80.89
Agreement start date: 29/05/2013
Default date: 05/02/2014
Mobile number: 07891555526

Lowell reference: 136699667
Original creditor: Lloyds TSB
Original reference: 30136400528823
Balance: £2614.66
Agreement start date: 25/09/2000
Default date: 13/05/2010

The Limitation Act does not apply to the above accounts since they defaulted on the 5^th February 2014 & 13^th May 2010.

I have pleasure confirming the outstanding balance on your account 93144026 has been written off.

If applicable we will now be informing the credit reference agencies that your account has been partially satisfied with a zero balance. Please note that it can take up to 50 days between us informing the credit reference agency to your account been updated.

I have stopped collections activity on your accounts 175044916 & 136699667 for 7 days to allow you time to get back to us. However if we do not receive any contact from yourself, collections activity will resume.

Should you have any questions please do not hesitate to email me back.

[Amethyst]

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

'' I have pleasure confirming the outstanding balance on your account 93144026 has been written off. ''

Is that the Vodafone account ?

[Amethyst]

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

So Orange definately won't be stat barred as it wasn't opened until 2013 so possibly make an offer to pay on that one if you had an Orange account.

But there is an argument on the Lloyds overdraft if it was closed in 2007, just because they didn't default it until 2010. When you say it was closed in 2007 - was it closed or just transactions stopped on it ? what kind of contact did you have with Lloyds after that ? Also was the balance made up of charges ?

[Mikeybezza]

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

The vodafone account is closed and written off.

So Orange definately won't be stat barred as it wasn't opened until 2013 so possibly make an offer to pay on that one if you had an Orange account.

But there is an argument on the Lloyds overdraft if it was closed in 2007, just because they didn't default it until 2010. When you say it was closed in 2007 - was it closed or just transactions stopped on it ? what kind of contact did you have with Lloyds after that ? Also was the balance made up of charges ?

Yes I must make offer on the the Orange.

the loyds account was only ever a £1000 overdraft the other £1600 I have no idea? Fees charges. And yes deffinetly 2007 i think all transactions stopped and I am sure they closed it at the same time. I never made any contact with lloyds regarding the debt and I moved house several times.

what am I going to do I have still asked them to prove it and they have not. It's worrying me now if I could afford it and I knew that I deffinetly have to pay it back I would, but should I oay something back that I don't have too,

[Mikeybezza]

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

I just want them off my back, why are the also dragging it out for months they don't seem in a rush is it standard to waste so much time recovering debt

[Mikeybezza]

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

The orange account is a stupid 30day contract sim that I did not even use once I did not even put the sim in a phone

[sloane82]

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

First of all ask about the Statute bar then get information on the debt how much the overdraft is for are you working?. then get 7 years worth of overdraft statements check all overdraft fees overseas fees etc also claim back tax rebates gas and utility charges etc First things first is get your policy and read through it there are probably clauses that you can look at.

[Mikeybezza]

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

First of all ask about the Statute bar then get information on the debt how much the overdraft is for are you working?. then get 7 years worth of overdraft statements check all overdraft fees overseas fees etc also claim back tax rebates gas and utility charges etc First things first is get your policy and read through it there are probably clauses that you can look at.

Sorry but u have no idea what your talking about??

[sloane82]

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

It was just advice sorry. You say that you had a mobile phone contract?.

[Mikeybezza]

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

Sorry I mean 'I' not 'U'