Statute barred, need advice please

nottoolate

Loobeyloop wrote: »

Hi again, I'm so sorry to keep on, am becoming a bit obsessive, sorry, but I just signed up for a noddle credit check and it shows this on the lloyds account.....

what they put on your credit report has no effect on the debt bieng staute barred or not. just last payment or acknowlement that does

taffy056

nottoolate wrote: »

what they put on your credit report has no effect on the debt bieng staute barred or not. just last payment or acknowlement that does

Yes but the default date is not correct, it should default after 6 payments have been missed, so ICO states that this is unfair as its not a true reflection of the status of the account. As mentioned the next step is complaining like hell to everyone who matters in this.

nottoolate

taffy056 wrote: »

Yes but the default date is not correct, it should default after 6 payments have been missed, so ICO states that this is unfair as its not a true reflection of the status of the account. As mentioned the next step is complaining like hell to everyone who matters in this.

true. but Loobeyloop was saying this as a result of the defaults on the cras

Loobeyloop wrote: »

Hi again, I'm so sorry to keep on, am becoming a bit obsessive, sorry, but I just signed up for a noddle credit check and it shows this on the lloyds account.....

Account start date 01/02/2009 (This account was opened around 1999 and last transaction/contact from bank was dec 2002)
Opening balance £ 1,687
Repayment frequency Monthly
Date of default 13/01/2011 (does this mean this is the date the bank called it in so is not statute barred at all?)
Default balance £ 1,687

Thank you all so so much for your previous excellent advice, but I'm sure you can understand it is stressing me out, been researching all afternoon, but can you see why I'm worried it might not be statute barred or am i just being a dimmalow :huh::embarasse
Thank you in advance, I promise I will stop pestering you all!

goes without saying the default it wrong.


but she was concerned it meant it wasn't statute bared as well.

taffy056

The CRAs don't put the information on the credit files, the creditors do that all the CRAs do is have a platform where all the information is gathered, so complaining to them alongside the DCA or creditor as well as ICO is the next step. The information must reflect a true and accurate status , it doesn't so complain its that simple.

Loobeyloop

Thanks for your help, you are all making me feel a bit better, but will not be able to breath until they write to say it is statute barred...... I'm so sorry if I seem to keep repeating myself

taffy056 wrote: »

Yes but the default date is not correct, it should default after 6 payments have been missed, so ICO states that this is unfair as its not a true reflection of the status of the account. As mentioned the next step is complaining like hell to everyone who matters in this.

the debt is from an overdraft, so didn't make any payments like you would a credit card, this (sorry bet i sound like a broken record ) is why I'm concerned it's no SB

can someone tell what ICO stands for please! Thanks all so much

taffy056

Information Commision Office (ICO) , they are ones to complain to, as well as Financial Ombudsman Service (FOS) don't take this lying down, just because it's overdraft it doesn't make it less statute barred, it's been over 6 years since you acknowledged the debt, it matters little what they have done short of a claim in court.

This debt is statute barred no matter what the debt collectors do, take the time to complain to the creditor and DCA, you need to ensure that you use up all of their complaints procedures first.

Loobeyloop

Good morning, hope you are having a good weekend. The postman has just been, and I have just opened a letter from a solicitors, it says......

important: An offer to reduce the amount payable on your debt
We are instructed by wescot credit services ltd acting on behalf of lloyds tsb plc regarding the above outstanding balance. As a final attempt to avoid further action, westcot is prepared to offer you a discount to settle your account.
The offer is available for a limited period. You should contact westcot by the 21/04/12 to agree a suitable settlement, or the offer wil be withdrawn and further action will continue to recover the full outstanding balance of £1,687.52.
To take advantage of this offer telephone westcot on......
If you are unable to take advantage of this offer, westcot will still consider a realistic repayment plan and you should contact them urgently to discuss your options. Unless a suitable repayment plan is reached with westcot within 10 days of this letter, further recovery action will be taken.

I was thinking that maybe I should send Fermi's letter on post #3 on here? What do you think?
Thanks again for reading and your help!

taffy056

Loobeyloop wrote: »

I was thinking that maybe I should send Fermi's letter on post #3 on here? What do you think?
Thanks again for reading and your help!

Yes alter it to your needs and send it off to them recorded, its likely they know its statute barred and are trying it on, why else would they offer to reduce the debt ?

Loobeyloop

Good evening! Hope you are all well, I haven't been around for a while but just wanted to post an update....well today I got a letter from LLoyds themselves!!!!! It says that they have given the debt to an agency and I am to deal with them not LLoyds..... So it still hasn't gone away..... just a quickie, should I send the prove it letter to both the bank and the DCA?

Thank you in anticipation.....