Why I have come to your site.

[ranger]

Thanks for the warm welcome.

Just to give you a brief history and why I have come to your site.

I received a letter the other day from Lowells and LLoyds, stating they the debt is now sold.

Now this debt i believe was paid for, in fact i was paying 150 per month for 6 years total of £10800.
and the standing order cancelled summer of 2006. Now they are chasing me for more?????

Using your site i have sent them a letter from your unenforceability template.

Also whilst checking my credit file, i noticed there was a default on my account from santander january 2011. So I have sent them a default removal letter from your templates. It is a current account which i think is the one i had with my wife. When we split 3 years ago she too the joint account and i got my own. Now i think she may have forged my signature to remove herself from the account and now i have to pick it up.
I never received anything from santander regarding this account and they know where i live as i have a car loan with them??????

If you have any advice it would be most appreciated.

And again thanks for the warm welcome.

[IF]

Re: Why I have come to your site.

Hi ranger and Welcome, I have moved your post here so Niddy can advise further. In the meantime please look at this thread too.


Click on link Below:-

allaboutFORUMS - View Single Post - Unenforceability Diaries - Read me First!

Best wishes
If...x

[MrsD]

Re: Why I have come to your site.

Hi ranger
welcome to AAD

Can you give us some more info about this debt, particularly start date and when you last paid it? Sounds like it could be statute barred. Don't send anymore letters until we've got a grip on exactly where you are with these.

[ranger]

Re: Why I have come to your site.

History of Lloyds:

This was started in 1998 i think - will know exactly if they send me the info requested.

I got into a right mess in 2000 so was paying it off at £150 a month for 6 years.
Cant remember how much it was for but this should also come with the info.
This was never put on my Credit record all those years ago and no default has ever been registered against it.

I have never had any written confirmation from anyone regarding this debt since about 2002, but the money still went out.

I did believe the full amount was for £10K, and that is why I stopped the Standing Order summer 2006.

I have never had any dealing with anyone or letters regarding this since 2003.

Also when I was paying for this at £150 it was not to Lloyds, can't remember who, so can't understand how this new letter that has come in says that Lloyds have now sold it?

As soon as the info comes in I will update more.
If you do think this might be statue barred is there a template for this?



As with the santander issue, what do you think. Have i done the right thing sending a default removal letter?

Regards

[diddlydee]

Re: Why I have come to your site.

Presumably you are in Scotland? Therefore statute barred runs 5 years from last payment or acknowledgement of debt.

I assume you have no CCJ against you for this debt?

Lloyds may well have used a debt collector for the debt back when you fell behind with payments. If they do not believe that the balance was paid in full, that may well be the reason that it has been sold onto another party.

"The summer of....." is not very specific. It is quite common for DCA's to start chasing debts just before the statute barred period. If it isn't quite five years, then you may be best not to acknowledge any letter from them.

I'm sure someone will pop along soon to give you some guidance, but please do not send any letters until you have had a more knowledgeable reply than what I can offer

diddly

[ranger]

Re: Why I have come to your site.

Yes you are right I am in Scotland, but I was living in England 1991 to 1999.
There was no CCJ or Default against this at all.

The summer of 2006, sorry for not being specific - July 2006 was the last payment.

I haven't sent the letters as yet, was going to post them in the morning. I will hold off for now for some more advice.

Thanks for the advice.

[MrsD]

Re: Why I have come to your site.

Diddly is absolutely correct about the five years in Scotland. and I am afraid quite a few banks sell on old debts to DCAs as a lucrative wee sideline, even if it is a statute barred debt. They send scary letters to get you to pay which COULD be what this is. Were you living in Scotland or England when you took this out?

with regard to Santander, its very late for them to default if you haven't been on the account for three years unless your wife recently defaulted the account. that one needs more investigation. How did you and your wife leave the account, did you close the joint account in both your names and did she open a new account in her name alone? How did you do this, was it in a branch or on the phone and was it all confirmed in writing?

[ranger]

Re: Why I have come to your site.

Was in England when took this out.

As for the santander account. This was originally my wires account and i was added for the joint account. When we were splitting up she produced the paper work to remove me from the account which i signed.

However it seems she never done that. I have not spoken to her in years and she disappeared off the face of the planet. We are still legally married, and I am trying to get a divorce, which she will not give as i found out when i went round to her parents house, not a good move lol.

So all i can think that is happened, is she has got into difficulty and removed herself from the account forging my signature and trying to wash her hands of it.

Should i still send the Default removal letter to Santander tomorrow to start the ball rolling?

And should i send the letter to Lowells?

Regards

[Never-In-Doubt]

Re: Why I have come to your site.

Ranger, Hi & Welcome

Ok, few issues to consider, so please start off here by doing me a favour and do not send anything else to anyone; do not speak to anyone on the phone and most definitely do not pay anyone for any of these debts right now.

We need to ascertain

1. Liability
2. Balance
3. Status
4. History

Then we'll be able to help; so ideally you need to be sending an advanced SAR to both Lloyds for the loan and Santander for the bank account, however note a SAR is person specific and not account so if you have other accounts you'll get a whole host of shyte through the door i'm afraid. You then filter through all the info and then update this thread with the following info:

Lloyds

• What is this account?
• When did it commence
• When ddid it default
• When did you last pay
• What is the balance, as claimed
• Was there any PPi etc added to it

Santander

• What type of account is this?
• When did you last have anything to do with it?
• Did you notify them, in writing, of your intention to close it before the ex took ownership?
• What are they claiming is owed?
• When was the account last used (by either of you)

The Advanced SAR will not acknowledge the debts however it'll allow you to get these answers for me.

Until then - chill and ignore them, stop sending letters and most definitely stop talking and paying them!

* Ps statute barred is 5 years in Scotland, in your case if you took it out in England and paid fine, then moved to Scotland and then fell into arrears the 5yr rule would take effect as at the time you fell into difficulties and stopped paying, you would have been living in Scotland. If you lived in England and then stopped paying, it'd be 6yrs regardless where you live now.

Make sense?

Advanced SAR Template here: ---> Unenforceability Templates - Section 3

Best of luck

[Fribourg]

Re: Why I have come to your site.

And should i send the letter to Lowells?

Funny enough I had the same situation with Lowells and Lloyds-TSB I sent them a CCA request, they reply we'll looking into it and a few weeks later, they sent me a letter saying we don't have it and our customer cannot find it, so we drop the case.

So ranger start sending a CCA request to Lowells, remember to add the postal order for 1 quid and digitally sign your letter,

Opps while I was typing it, slowly of course, Niddy replied to your post, so follow his advice, and keep my story as possible outcome

[ranger]

Re: Why I have come to your site.

Thanks for the advice and i will send off the advanced SAR letters in the morning.

About Lloyds.
I was living in England from 1991-1999, Scotland 1999-2002, England 2002-2009, Scotland 2009 to date.

I did get into financial difficulty in Scotland, but did stop paying while living in England, so 6 years would be the case then?

Regards

[Never-In-Doubt]

Re: Why I have come to your site.

where did you take the account out? En or Sc?

[ranger]

Re: Why I have come to your site.

where did you take the account out? En or Sc?

Took the account out in England.

[CleverClogs (RIP)]

Re: Why I have come to your site.

Took the account out in England.

Och, man, it's worth bluffin' yon numpties anyway.

Tell the blatherskites tae bile their heids as it's statute barred by section 6 and schedule 1 of the Prescription and Limitation (Scotland) Act 1973.

[ranger]

Re: Why I have come to your site.

Sent both SAR letters today.

Waiting on the next letter from lowell now, as they tried to call. How they got my number i will never know as its X directory.