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Lloyds TSB defaults issued January 2013 for alleged debt from 2006

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  • Lloyds TSB defaults issued January 2013 for alleged debt from 2006

    Hello all, hope all is well.... I hope I'm posting in the right place as I have yet to figure out how to add to my previous post!

    Lloyds TSB has raised it's head again and issued me a default on a credit card which to my knowledge i settled in 2006. They also informed that this debt has been sold on to Mckenzie Hall, the letter dropped on my mat and is dated 7th January 2013.


    The twist! It appears they have been making payments on the credit card account from a account I held with them(which I understand is within there rights- the setting off rule?) However I was unaware that this account still existed as it was opened in conjunction with a personal loan to enable a preferential rate as suggested by their adviser many, many years ago, that long ago i can't even remember having it! I think I may have kept it open until the loan was agreed and credited but after that it was closed, so I thought!! No statements, request for monies, nothing!


    I had been ignoring letters I received from this bank which would appear out of the blue now and again as not having any accounts, not a priority. However 2013 is the year I get my finance in order (so thankful for this site and the wonderful support from you all!) I opened a statement and was greeted with a outstanding balance at £996.87 made up of late payment fees, missed payment charge, payment protection and interest.


    I now have now a credit card and current account debt made up of nothing but charges.


    As far as I was aware I had cleared all outstanding balances and closed accounts with Lloyds TSB.


    This is where I need a little help/guidance as to my next steps:


    Is the bank allowed to reinstate then continually debit a account to then take payments from it to pay a debt owned even though it would make the account overdrawn?


    The default was issued and the debt passed to Mackenzie Hall the 7th January, am I liable for this accounts as I have not made any credits to the visa since 2006


    Lloyds have not yet sent me a default for the current account do I send them a letter requesting further information/ original application as I am confident I gave notice in branch to close this account on opening it!!!


    As they have been transferring payments from this account that has resulted in the account been overdrawn am I liable for this or could I challenge and if so would it be possible to get some help in constructing a letter?

    My original post was regarding who owned this debt and I received some excellent advise resulting in a peaceful nights sleep and motivation to tackle all my debts, just not sure whether this new twist changes the status of the credit card resulting in it not actually being statue barred.


    Thank you for your time reading my post and all comments will be more than welcomed.
    Just
    Tags: None

  • #2
    Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

    If there has been a continuous period of 6 years without you acknowledging the debt either in writing or by making a payment, then the debt will be statute barred (even if it does legally exist). This does not mean they cannot ask you to pay it, but it does mean you have no obligation to whatsoever, and it cannot be enforced through the courts.

    If the debt was Statute Barred before the default date, I suspect the default is unlawful. The resident expert on defaults is Celestine, so hopefully she will read this and give her opinion.

    If you are sure it is SB, and the letters become a nuisance, post up and we can sort out a letter for you to send. McKenzie Hall are pretty much always safely totally ignored.

    Comment


    • #3
      Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

      Grrrrr@ Lloyds TSB....just their style.

      I have to go out for much of today so I'm not able to post properly now, I'll pick up this later.

      First thing you need to do as a matter of urgency is send Lloyds a DPA SAR to get all data they hold on you. They are notorious for these mystery second accounts that never ever close.
      "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

      I am proud to have co-founded LegalBeagles in 2007

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

      Comment


      • #4
        Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

        That's disgraceful! Sadly it's not unusual for banks to behave like that! :mad2:

        Banks have the right to offset against money you may have in other accounts within the same firm, not their own money, as would be the case with an overdrawn balance. Sounds like you have a reason to complain to the FOS, but first you will have to complain to the bank and get their final response before going to the FOS. This may be of help:
        http://www.financial-ombudsman.org.u...ing-setoff.htm
        http://www.financial-ombudsman.org.u.../40_setoff.htm
        and http://www.financial-ombudsman.org.u...complaints.htm

        With regards to the default, have you checked your credit files to verify it's actually been recorded?

        Have you got any paperwork from 2006 when you closed/settled the account?

        Comment


        • #5
          Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

          Thanks you all so much for all your reply's. The last six weeks have been a little challenging however there is now light at the end of the tunnel, not saying there won't be more hiccup's on the way however it's nice to no that forums like this are here to help!

          Comment


          • #6
            Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

            A little update on my LLoyds hurdle! I have checked my credit report via noddle and it appears there are two debts registered from 2012 for Lloyds, for credit card £996 and current account of £150! Which is quite weird as the debt on the credit card has accrued due to the transfers of payments from the current account, and of course over the limit fee, and late fee charge, interesting since they have transferred the money from one account to another and charged me a fee!

            i have sent a SAR letter to Lloyds TSB and now await the reply 'thank you for the templates, LB' this was put in the post on 1st March so now for the 40 day count down. Depending on the response the next step will be FOS

            I now receive letters in pairs, same date same, info, but only for the credit card amount they are even offering me a discount.

            Thanks again, and I will update as this adventure presents new challenges.

            Comment


            • #7
              Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

              Hello LB's hope all is well, a little update on my LLoyds TSB issues! After sending of a request SAR, today I received a acknowledgement in the post along with a request to update my address and signature as the address they hold is different. Once this has been certified in a branch I will be able to collect the parcel from one of their branches.

              I am 'happy' to do this however, it feels a little strange that they now wish to verify my details considering they have already passed my detail s on to numerous DCA' s as well as issuing me with 2 defaults some 8 years plus after the account was cleared.

              By updating my records will this mean I will once again be a customer then liable for the newly registered default?

              Is there any reason not to comply with there request?

              AND going though letters I notice the letter dated 4th Jan appears on a LLoyds TSB letter head but is signed Claire Thompson, the same signature which is on the letters received on 21st Jan but from and on Mackenzie hall letterhead.

              Does Lloyds TSB own Mackenzie hall?

              Thanks for taking the time to read my post and if anyone could shed a light on my queries it would be greatly appreciated.

              Just ..have a good day

              Comment


              • #8
                Re: Lloyds TSB defaults issued January 2013 for alleged debt from 2006

                Originally posted by FlamingParrot View Post
                That's disgraceful! Sadly it's not unusual for banks to behave like that! :mad2:

                With regards to the default, have you checked your credit files to verify it's actually been recorded?

                Have you got any paperwork from 2006 when you closed/settled the account?
                I have located the cheque stub which details the amount £2931 I payed to clear my TSB Visa account back in March 2006. I contacted my bank to confirm that this cheque was cashed, the amount and payee, received a reply this morning stating they only keep records for 6 years therefore are unable to confirm my request.

                The default registered by Lloyds on what now seems to be 24/02/11 is for £2903 exactly £28.00 difference. I will await the SAR to see if this contradicts my records.

                Enjoy the snow!

                Comment

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