Lowell / Lloyds TSB Debt, help please! possibly statute barred

[alanhans]

Hi there, I've posted this on another Financial/Legal site, however I just wanted to see if anyone had any differing opinions (Sorry about the essay)


I'm requiring some assistance which seems to be somewhat of an emergency at the moment.


While I was at university I had a student account with Lloyds TSB. Everything was fine and there was regular money going into the account, however towards the end of university I had accrued quite a significant amount of debt (as most students do) and as my student account became a graduate account I had gone over my overdraft limit by a few pounds and I had started incurring overdraft charges that were equating up to a substantial amount.


I made a small deposit into my account at a branch in 04/2009 and that was the last time I used my account,
from then on the charges carried on going,
however I didn't use the account whatsoever. The closing balance for the account was around £2300 and the account defaulted on 12/11/2009 (according to my credit report.)


This account has been passed around to various DCAs, but was bought by Lowell around 3 years ago and
they have passed it around to their other companies (Bryan Carter etc.)


I have never made a payment to this balance and I've never claimed that the debt is mine. I sent Lowell a prove it letter a few months ago and they responded in May 2015 by sending me a copy of the last few months of bank statements for the account with Lloyds TSB.
The statements also stop at 11/2009.


Lowell since then have been sending me letters every week or every two weeks, and last week they now claim they are trying to "escalate" the situation.


I'm unsure if this debt is already statute barred or if it will be on 12/11/2015,


my concern is that should I send a SAR to Lloyds in order to obtain any information as to when the overdraft was officially withdrawn? This will give me an idea of when the the debt is actually statute barred. As I really don't want Lowell to try and drop a surprise CCJ on me just before the time of it being legally enforceable.


Any help would be greatly appreciated and thank you for taking the time for read this.

[FlamingParrot]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Welcome aboard

You seem to have the right idea there, because overdrafts do not have set repayment dates, the clock starts to run from when the bank sends you a formal demand and recalls the overdraft. :thumb:

Lowell can't just drop a surprise CCJ, they'd have to issue a claim to start with, which you'd have the chance to defend.

[nemesis45]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Hi Welcome to LB,

Bryan Carter is a " solicitor fro rent to many debt companies".

Yes certainly get a SAR to Lloyds asap. But you could phone and ask if they can tell you the exact date the OD was recalled.
This is when the relevant 6 year period starts.

Lowell can't just "drop" a CCJ on you that have to issue a claim which of course you can defend.
If Lowell issues a claim the 6 year clock stops on the date the claim is issued.

nem

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

I see, thank you kindly for your help and quick responses, any idea which department I would call and how I would word that over the telephone without acknowledging anything?

[nemesis45]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

I see, thank you kindly for your help and quick responses, any idea which department I would call and how I would word that over the telephone without acknowledging anything?

Telehone conversations cannot be taken to be an admission of liability only an unequivocal written admission can affect the limitation period.

Lloyds HO should be able to point you to the right place or the branch which held the account.

nem

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Okay that's very helpful thank you, I'm assuming I should do this first before sending a SAR or just do both anyway?

[FlamingParrot]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

I see, thank you kindly for your help and quick responses, any idea which department I would call and how I would word that over the telephone without acknowledging anything?

A SAR has to be sent in writing with the £10 fee, by post (recorded delivery). :typing:

It is a request under the Data Protection Act for all data held about you, not an acknowledgment of anything. Below is a SAR letter I've used a few times:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

[nemesis45]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Okay that's very helpful thank you, I'm assuming I should do this first before sending a SAR or just do both anyway?

I would do both as there is a 40 day time scale for compliance with a SAR.

nem

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Thank you, I will send that ASAP, should I inform Lowell that I have requested additional information on the matter or do I just continue ignoring them..

[FlamingParrot]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Thank you, I will send that ASAP, should I inform Lowell that I have requested additional information on the matter or do I just continue ignoring them..

It's always best to inform them that you are awaiting information, knowing Lowell and Mr Carter, when they feel ignored, they head straight for Money Claim Online! :scared:

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

okay, thank you for your time

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

It's always best to inform them that you are awaiting information, knowing Lowell and Mr Carter, when they feel ignored, they head straight for Money Claim Online! :scared:

Lowell Reference: xxxxxxxxx
Original Creditor: LLoyds


Dear Sir/Madam,
I have received a letter from you dated 06/08/2015, the letter was received to my address above on 10/08/2015. In the letter you have stated that I owe the sum of £xxxx.xx, as I do not acknowledge this debt as being my own I have contacted Lloyds to acquire additional information under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts Lloyds are required to provide all of the requested information within 40 days of the request regarding the alleged account.


Kind Regards

- - - Updated - - -

Is that okay to send to Lowell?

[nemesis45]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Lowell Reference: xxxxxxxxx
Original Creditor: LLoyds


Dear Sir/Madam,
I have received a letter from you dated 06/08/2015, the letter was received to my address above on 10/08/2015. In the letter you have stated that I owe the sum of £xxxx.xx, as I do not acknowledge this debt as being my own I have contacted Lloyds to acquire additional information under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts Lloyds are required to provide all of the requested information within 40 days of the request regarding the alleged account.


Kind Regards

- - - Updated - - -

Is that okay to send to Lowell?

Make sure account No's and reference No's are quoted in the letter and address it as Follows.

For the Personal Attention of.
Mr Andrew Bartle
Chief Operating Officer
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

It avoids letters going to PO Box addresses, if you use signed for post.


nem

[alanhans]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Ah okay, thanks. Do I need to add any sort of proof in there to Lowell that I am genuinely contacting Lloyds for additional information or are they likely to find that out themselves?

[nemesis45]

Re: Lowell / Lloyds TSB Debt, help please! possibly statute barred

Ah okay, thanks. Do I need to add any sort of proof in there to Lowell that I am genuinely contacting Lloyds for additional information or are they likely to find that out themselves?

No there's no reason for you to supply proof, you could send a copy of proof of posting/signed for post receipt if you wish.

nem