Advise please?!?

Slim0115

After reading this and previous threads I would like some advise on the following situation I find myself in.
I recieved a letter from Buchanan Clark & Wells dated 20/12/2011 stating they were acting on behalf of their client Aktiv Kapital UK Limited to recover an overdue debt for a Lloyds TSB Consolidation loan, at the top of the letter in bold red writing it stated formal demand. I rang the number on the letter and told them any account I had with Lloyds Tsb had been settled I gave them details of rough dates of payments and amounts and they said they would look into the account with their client. I then went on to enjoy my christmas and new year trying not to worry.
I received a second letter from BCW dated 05/01/2012 asking me to contact them as they had a response from there client and would like to talk to me, I contacted them today 19/01/2012 and was told that the account I paid was not the account they were chasing and the amount is £5725.36! I was then told that unless I could provide proof with the ref number they provided me today which is different to any ref number on there letters that the hold would come of my account on 25/01/2012 and I would then be contacted again.
I haven't held a Lloyds TSB account since 2000 and at that time was using a dmc the last payment made by the dmc was Aug 2006 when Lloyds were in dispute with the amount being paid. I then puchased my own house in dec 2006 and took a loan with my current bank Hsbc in march 2007 when I cleared all debts that were being managed by the dmc. I have lived at the same address since 2006 and have been on the electoral role,before these letters I have had no correspondence regarding any Lloyds Tsb acc and have both Experian and Equifax that show all my current accs as upto date and have no defaults or CCJ's. I really don't know the best course of action to take now as when I stated to bcw that I did not acknowledge the debt as mine the lady just said that as I had disputed it that was acknowledging it and when I attempted to disagree she simply said do not talk over me you have acknowledged the debt and unless you can provide proof of payment then the account would become active again on the 25/01/2012 and I would be hearing from them!
Advise please I have read the posts regarding Statute barred but am unsure what letter to send as I don't believe the debt is mine?

Thanks

fermi

Disputing the debt = acknowledging it?

:rotfl::rotfl::rotfl::rotfl:

That is hilarious.

If this was the old Lloyds account, then it would have gone into default while with the DMC. As such, any defaults that might have been associated it would have long ago dropped off your credit reports. They cannot be added back.

If this particular Lloyds account was being paid via the DMC up until Aug 2006, then it may well not be statute barred at this point.

The fact that ref numbers don't tally doesn't really mean much, as debt collectors frequently assign their own ref number to things and the originals can get a bit "lost in the mists".

If you don't believe the debt is yours, then the letter to send is:

http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Don't believe BC&W's bollox about you having to prove it's not yours or that it was paid etc.

If you dispute the debt is yours, then the onus is on them to prove otherwise.

Willow_K

Hi

Others with more experience will be along shortly, but I am fairly sure that you have not acknowledged the debt by disputing it over the phone. They are simply trying to scare you into paying up.

If you have had no correspondence since 2006 and have made no payments to Lloyds since then, it sounds like the debt, if in fact it is yours is about to become statute barred which is why they are chasing it now.

You need to send them the 'Prove It' Letter which can be found on here and also stop talking to them on the phone - insist that all correspondance should be in writing (there is a template letter for it somewhere).

Willow_K

x-posted with Fermi

Slim0115

Thanks for the advise one correction last payment to Llyods by dmc was aug 2005 all associated debts were cleared in feb 2006 and I have kept all e-mails and correspondence recieved at that time in a file there is definately nothing similar to the ref number or amount that BCW are quoting?

fermi

Cleared as in paid?

If it's not yours, then send the letter disputing it completely.

If not yours, then it's irrelevant whether it's statute barred or not.

Slim0115

Yeah cleared as in paid, I obtained a list from the dmc who I was using until 2006 with all outstanding accounts on that they were dealing with I have also contacted them today for advise and spoke to the advisor I originally used who is now a director of the company, he gave me more or less the same advise although he just said to send a letter requesting proof that the account and debt was mine, he then assured me that he gave me all the correct information at the time to pay all accounts that they were dealing with in full. I had some really bad experiences with Lloyds Tsb when I was young and hate that I still worry when anything is associated to them, thankyou for the template letter I will be sending this to them recorded delivery asap and hope that this will be the end of the matter.
Thanks again

elaine12022

Hi Slim

As others have said write to them, keep copies of everything. You don't have to speak to them on the phone. When you write tell them you will only deal with the matter in writing.

And try not to be afraid of them

Slim0115

After sending the letter disputing the debt by recorded delivery as advised previously br Femi I was relieved to not here anything from BCW however on getting home from work today I find a letter from them sayin that I can clear the debt at a one of payment of just £1145.07! Bearing in mind they claim I owe £5725.36! I have no intention of paying it as I believe I've already paid it and if not last payment or contact with Lloyds Tsb was Aug 2005 so should be statute barred, however I'm stuck now as I don't know what letter to send back? Should I send a copy of my original letter and a copy of the letter recieved today and also forward on to the OFT? Any help or advise is much appreciated thanks.

fermi

Letter here as a formal complaint that they have ignored your dispute.

http://forums.moneysavingexpert.com/showpost.php?p=45992721&postcount=3

joannaspanner

Don't let them scare you, for the past five years I have been hounded for debt that doesn't belong to me ( someone with a similar name and same date of birth) I used to get upset and worried etc, now I just send the standard letter of here, Experian etc have been good in removing incorrect details off my credit report for me that scummy Wescot/Lowell etc have put on my report and I've even got bunches of flowers and good will payments out of these scum bags as well!