Debt Collection

Thunda

Hey guys

I'm here on behalf of my wife. She had a credit card with Lloyds 12 year back and ended up unemployed and eventually, sickness / disability. She arranged a re-payment plan with them and everything was fine (almost) for a number of years.

I say almost.

1) They continued to correspond with her in her maiden name, despite informing them on a number of times the change of details.

2) After moving into our new property, she informed them of the change of address on 4 occassions - which they promptly ignored

Due to (2) she stopped recieving statements and didn't have another method of repaying the agreed monthly fee. She'd spoke to them on the phone about it, told them the new address .. everything she had to do. But statements never arrived.

A year back she got a letter out the blue from a debt recovery company. At the time she was due an operation and I sent them a letter saying once the operation was over we'd contact them regarding this matter after we visited the CAB. Got no response. How these got the new address when Lloyds ignored her I don't know.

Six weeks later, we visited the CAB and filled in a means form - she has no problem in repaying - and sent it to them. A few weeks later she got a letter included within a CAB letter stating the company wasn't persuing.

2 months back she got another letter from another debt recovery company (I think its a different one) claiming she owes them the cash. At this time she was a week overdue with our baby boy and naturally other things were on our mind.

Today, she received a letter from a solicitors demanding payment in 10 days or they'll "knack her" - or whatever the scary words were.

She's sent no correspondence to this company .. hasn't accepted responsibility of the debt with this company .. they are still using her maiden name (I don't believe this matters, but correct me if I'm wrong) .. and they've jumped straight to a solicitor despite no acknowledgement from her whatsoever (genuinely - not a deliberate attempt to dodge).

Any thoughts on how to proceed? And cheers to those who respond.

Thunda

Sorry to reply to my own post ..

The obvious answer is contact them and pay it if you choose to (which again, she has no problem doing) .. but frankly, they fact she's been ignored numerous times when she's attempted to sort this out, she and I are tempted to be as awkward as possible with them.

Tixy

First thing I would do when any new debt collector/solicitor etc writes is to send them a prove it letter.

Thats requires them to prove she owes the money and to prove they have a right to collect it. There is a template here -
Letter when you know nothing about about the debt - AKA "Prove it" letter


Its difficult to work out an exact time line from what you have posted - but presumably there has never been a period of 6years (5 if in Scotland) with no payments to them and no written acknowledgement from you or CAB on your behalf?

Thunda

Hey Tixy - nah, the 6 year thing doesn't apply .. She was repaying Lloyds just 2.5 year back ..

I'll have a look at the link - thanks for that.

Thunda

Actually, just had a quick look ... she does know about the debt - would this letter still apply?

Tixy

I'd still send it yes - you still want proof they have a right to collect the debt.