New DCA chasing unenforceable debt

OhSoCold

EDIT-
Ive added an update at the bottom , not sure what to do next

I’ve just received a letter from Lowell informing me they have been passed over a debt from LLoyds TSB bank which was declared unenforceable by Robinson Way two years ago and removed from my credit file . Can they do this ? 

I sadly had to start a DMP in 2010 when my marraige broke down and one of the debts added was an overdraft of 1800 with Lloyds TSB . 

In 2014 I informed the DMP that I would be terminating the arrangement with them as they weren’t passing over payments in good time and LLoyds tsb were still harassing me even though they were receiving payments. I was only paying £10 to all my debts due to my circumstances 
Instead I arranged directly with the other creditors to make payments and these have now all been paid off and settled , Lloyds TSB however refused any arrangement plan and instead continued to pester me with up to 20 calls a day to the point where I changed my phone number . 

They then passed the debt over to Idem servicing who then passed the debt to Robinson Way who immediately started sending threatening court action letters and as a result I wrote asking for a copy of the ori credit agreement using the recommended template letter . 

Robinson Way sent several letters until late 2020 saying they had not received a response from the original lender and two years ago wrote informing me that as the original lender could not supply the credit agreement that the debt was unenforceable and would be removed from my credit file . This duly happened a few weeks later 

Two weeks ago I started receiving letters from Lowell chasing this debt with the usual aggressive toned letters and my question is . Can they do this ? 

I called them without admitting liability and just had a very rude call handler inform me that the debt is indeed still enforceable . 

I thought this was all sorted so it’s causing me rather a lot of stress 

update- I’ve received a letter back from Lowell and really don’t know what to do at this point - checking bank details it seems that the last payment they received from Payplan when it was with Lloyds before being passed to various DCA’s  was in fact correct 

This is What Lowell have said -

Unfortunately due to the time passed we are unable to obtain copies of the credit agreement from LLoyds

The account was opened on 29/08/1989 with an original loan value of £1091.18 (this is incorrect , I opened the account at 16 the previous year and certainly didn’t start out with that overdraft ) 

The last payment on the account was made on 11/01/2018 

The account was defaulted on 11/07/2011 (incorrect , it was October 2010 ) 

The account was registered in your name to your current address . Lloyds Would have sent you correspondence letters to your address (I’ve moved twice since 2011 so again I current ) 

I really don’t know how to proceed now and feel worried sick 

OhSoCold

*original not ori 

sourcrates

Section 77/79 of the CCA does not apply to overdrafts, incredible they did not pick up on this.

Debts can be bought and sold at will, lack of a compliant CCA only precludes court action, and as that does not apply to your debt, all options are open again.

When did the debt default, and when did you last acknowledge it in writing, as the only possible defence you may have now lies with the limitation act.

OhSoCold

I had no idea it didn’t apply to an overdraft - that’s annoying , I’m assuming it’s the overdraft as there was also a personal loan with them , the amount they’ve listed on this letter doesn’t seem to match with the personal loan or the overdraft amount . 

It was defaulted in October 2010 and I wrote not acknowledging liability but simply asking for a copy of the credit agreement in January 2020

sourcrates

A favourite of debt purchasing companies is to combine the two debts together (overdraft and loan) into one balance, could that be a possibility?

If, that is what they have done, then it will cause issues, as no credit agreement for that combined debt will exist, so it cannot be proven.

However, that may be by the bye if those dates are correct, (ten year gap) it would be statute barred anyway.

So my advice would be to send the statute barred letter.

fatbelly

I wrote this then realised sourcrates has covered the points. Never mind, post it anyway...

OK - so they can do this as the debt does not cease to exist even if it becomes enforceable.

If they want to test whether or not it is enforceable they must start a court claim.

There is no credit agreement needed for an overdraft so I wonder if this debt was a combined loan/overdraft debt - I have seen Lloyds do that. That creates a mess if one bit of the debt is subject to s 77-9 and the other bit isn't.

If there has been a six-year period when you did not acknowledge the debt by payment or in writing then send the statute barred letter

OhSoCold

sourcrates said:

A favourite of debt purchasing companies is to combine the two debts together (overdraft and loan) into one balance, could that be a possibility?

If, that is what they have done, then it will cause issues, as no credit agreement for that combined debt will exist, so it cannot be proven.

However, that may be by the bye if those dates are correct, (ten year gap) it would be statute barred anyway.

So my advice would be to send the statute barred letter.

Thank you that’s really helpful . I’ve never acknowledged the debt in writing other than asking for a copy of the credit agreement in writing , would this count ? 

The amount owing on the loan was about £1900 so I suspect this is a lesser amount they have come up with for the overdraft in which case. 

I’ve never acknowledged either in writing and as far as I can remember no payments have been made since 2015 .

OhSoCold

fatbelly said:

I wrote this then realised sourcrates has covered the points. Never mind, post it anyway...

OK - so they can do this as the debt does not cease to exist even if it becomes enforceable.

If they want to test whether or not it is enforceable they must start a court claim.

There is no credit agreement needed for an overdraft so I wonder if this debt was a combined loan/overdraft debt - I have seen Lloyds do that. That creates a mess if one bit of the debt is subject to s 77-9 and the other bit isn't.

If there has been a six-year period when you did not acknowledge the debt by payment or in writing then send the statute barred letter

It’s definitely been more than six years since they received a payment so I’ll try sending the statute barred letter and see what happens although no doubt they’ll argue that’s not the case but I do remember that Robinson Way were pursuing me both the overdraft and loan (seperately) and they ceased this for both accounts when I asked for a copy of the credit agreement 

OhSoCold

update- I’ve received a letter back from Lowell and really don’t know what to do at this point - checking bank details it seems that the last payment they received from Payplan when it was with Lloyds before being passed to various DCA’s  was in fact correct 

This is What Lowell have said -

Unfortunately due to the time passed we are unable to obtain copies of the credit agreement from LLoyds

The account was opened on 29/08/1989 with an original loan value of £1091.18 (this is incorrect , I opened the account at 16 the previous year and certainly didn’t start out with that overdraft ) 

The last payment on the account was made on 11/01/2018 

The account was defaulted on 11/07/2011 (incorrect , it was October 2010 )

The account was registered in your name to your current address . Lloyds Would have sent you correspondence letters to your address (I’ve moved twice since 2011 so again I current ) 

I really don’t know how to proceed now and feel worried sick 

sourcrates

Well are we still of the opinion they have combined the two debts together ?

If that is the case, they admit they have no compliant paperwork -

"Unfortunately due to the time passed we are unable to obtain copies of the credit agreement from Lloyd's"

although its not time barred, as we previously thought, according to what they have said, it remains unenforceable, so what`s to worry about here ?

Your reasons for non payment are entirely your own business, myself I would play on what they have said, and if things start to hot up, write back and remind them of the accounts status.

Until then, carry on.

OhSoCold

sourcrates said:

Well are we still of the opinion they have combined the two debts together ?

If that is the case, they admit they have no compliant paperwork -

"Unfortunately due to the time passed we are unable to obtain copies of the credit agreement from Lloyd's"

although its not time barred, as we previously thought, according to what they have said, it remains unenforceable, so what`s to worry about here ?

Your reasons for non payment are entirely your own business, myself I would play on what they have said, and if things start to hot up, write back and remind them of the accounts status.

Until then, carry on.

It’s really not clear whether they’ve combined or not as the figure certainly doesn’t add up . 

Reasons for not paying - I walked out on an abusive marriage in 2010 and had accrued debts due to my ex husband getting into financial difficulty and pressuring me into taking out loans, re mortgaging the house etc . I owed £15000 . 

I joined payplan and successfully paid everything off by 2019 bar this one . I waited to be contacted so I could sort a payment arrangement after I terminated my payplan agreement . 

Unfortunately life Got in the way as my little girl was seriously ill in 2018 and spent months in hospital - no excuse but the remaining Lloyds debt was pushed to the bottom of my priority list. 

I’d pay this now if I had the money but I live pretty much hand to mouth as I’m a carer for my disabled child , however the previous DCA wrote informing me it was unenforceable I foolishly thought that was the end if it but seems they just sold it on

si do I contact them or do nothing ? They say that will be in touch again