Apex credit managment calling in old lloyds overdraft debt help!!!!!!

[Simplythebest]

Hi folks brand new to this website and not clued up at all on debt but here's my problem.

 

A company claiming to be Apex credit have left several messages on my answering machine

claiming i owe money for an old overdraft account with lloyds tsb,

 

i checked back paper work and found i hadnt settled the overdraft

 

there was around £90 still to pay stupidly i ignored this when moving house and openend a new bank account with bos with my new wife,

 

the last payment or contact i had on this account was 2004 and i'm so worried i could be due lloyds alot of money i dont have.

 

So far no letters have arrived from apex credit and i havent phoned them back too ask how much ihe bill is, any advice folks?

[jdes26]

Hmmm there fishing for a reply

when did u last use account?

Did u close it?

U see 2004 + 6 years is statues barred due to the limitation act 5 years in Scotland

so that means " no debts"

only if

1. Uve made no payments in account

2. Have not used it for any cash visa d/d standing order etc

so the debt mayb border line 6 years hence apex

ringing

I'd get ur facts right first and dates then send off the statute barred letter from the cag library

jdes

[jdes26]

Ps... Don't worry and remember get all ur facts right first before any actions

[rebel11]

Thread Moved.

[Simplythebest]

Hi thanx for quick reply

 

im form scotland and almost certain there have been no direct debits, cash withdrawls or any payments made for atleast five years,

so do i make contact with apex?

 

also told llyods i was leaving bank in 2004 but not sure about account closure.

 

just worried this small debt of £90 which i should of just paid has spiralled to a stupid amount.

[alfwithhair]

Hi, welcome to CAG

 

You need to be careful on this one.

Bank of Scotland is owned by Lloyds, so they could use the 'right to offset' rule here to take what is outstanding from your new account without even asking. As you say it was £90, but what it is now is anybodies guess, they could clear yout account leaving you with nothing and its perfectly legal for them to do so.

 

If there has been no acknowledgement or payment towards this debt for 6 years (5 in scotland) then it would indeed be Statute Barred and no enforcement could be sought through the courts. But as you hold monies in accounts within the same banking group they may still be able to use the 'right to offset rule' I don't know 100% on that one, maybe other member might be able to confirm otherwise.

 

DO NOT contact Apex by phone. if they ring you refuse to answer there security questions and put the phone down.

Wait till they write to you, then send them the 'no knowledge of the debt' letter.

 

They will then have to prove this balance is still outstanding

[rebel11]

Hi Simply

 

The general advise is not to entertain their advances, it sounds like a fishing trip on their part. You need to be clear on your facts, dates, last payment. Don't acknowledge the Debt, if you have to only contact them via post. Send letters Recorded. There is a 'prove it letter' in the library, make sure you send the right one.

[Simplythebest]

Great now i am worried would they be able to take form a joint account i have with the wife also i have my own personal account with bos so i gather they would start there.

[alfwithhair]

Great now i am worried would they be able to take form a joint account i have with the wife also i have my own personal account with bos so i gather they would start there.

 

The can use the 'right to offset' rule to take from ANY account within the same banking group to pay outstanding debt within the same banking group.

 

I am trying to find out if its still possible on Statute Barred debts, bare with me.

[Simplythebest]

Thanx for the help much appreciated will just ignore any calls for time being unfortunatley dont have much paperwork on this account so dont know offical date of last activity but know its defo 5 years if not longer, sounds bit extreme but should i consider moving banks so they cant touch my cash i have no overdrafts or loans with bos so wouldnt be too much hassle.

[alfwithhair]

The can use the 'right to offset' rule to take from ANY account within the same banking group to pay outstanding debt within the same banking group.

 

I am trying to find out if its still possible on Statute Barred debts, bare with me.

 

Right it appears to depend on the owner of the debt. If it is still in house with Lloyds, then it appear they can still use the offset rule.

If its been sold, then it can't be used.

When Apex letters arrive you may be able to determine who the owner is by the terminology of their letter.

"We are the legal owners" " We have purchased" or "We act on behalf" "We are agents"

 

Another account is a way to prevent it and safe guard your money

 

Scotish Law is not an area I am particulary at speed with some hopefully another member will be able to advise further.

[Simplythebest]

Thanx very much for the advice will just have to wait on letters from apex thought it would have arrived by now as its been a week since their first message and now seriously look at changing my bank account, also who knows what figure they mite come up with for this debt i might not even be able to cover what they are asking for total nitemare!

[alfwithhair]

Please make sure your new bank account is not part of the same group.

It is a mindfield these days knowing who owns what.

The way Santander are going, they will own them all within 10 years

[Simplythebest]

My wife thinks i am over reacting with this change my bank thingy she thinks if they were going to take any money they would have done so by now before calling in apex, would obviously rather not have the hassle in changing if i could get some clarification on where i stand regarding this debt that would be great, cant seem to find any other info where lloyds have swiped money from a bos account.

[alfwithhair]

Like I mentioned ealier it could well be that Lloyds don't own it any longer.

They maybe just on a fishing trip as other member pointed out.

Nothing can be substanciated until Apex put their claim in writing

Have you ever had letters relating to this matter from anybody in the past other than Apex?

[alfwithhair]

Update for you.

 

I have it on good authority that if Lloyds do still own the account, they DO have the right to offset from your BOS account, statute barred or not.

 

The reason they have not used this rule already could be, that although Lloyds own BOS, their computers are not yet linked.

 

Therefore I would indeed advise you get your money in to a new non Lloyds group account asap as a safeguard.

 

Keep us up to date with Apex activities as they happen

[Simplythebest]

Hi once again appreciate ur help, update is, received now the 5th message from apex saying i must contact them urgently but still have never had any mail from apex or anyone else regarding this debt surely if they have my fone number they have my address? Dont know how much they are even asking for as yet. Looking into changing banks as we speak.

[Simplythebest]

Hi had a company called apex chasing me for an outstanding overdraft from llyods

 

have ignored them for months no contact then heard nothing for couple months

 

now a company called moorcroft sending nasty letters asking me to pay amount due in full by 01/11/11 or they may take me to court big LITIGATION WARNING all over letter.

 

The debt is atleast five years old no payments made in that time and was around £90 overdraft they now asking for £312.

 

What should i do next?

 

dont want this debt to go any higher as moorcroft saying there will be add ons if they take legal action.

[citizenB]

Oh dear.. Moorcroft. There is no where higher in Moorcroft.. it is all down hill !!

[PGH7447]

send a prove it letter for starters, and you need to find out when that last payment was if over 6 years then stat barred or 5 in scotland

[Simplythebest]

Yeah defo been 5 years and im in scotland, so will i just send prove it letter to moorcroft?

[citizenB]

Yeah defo been 5 years and im in scotland, so will i just send prove it letter to moorcroft?

 

Send an original copy to Moorcroft by recorded delivery and a copy to Midas with just a Free proof of posting which you can obtain from the post office.. for free

[Simplythebest]

Defo been ignoring this too long need to just send away prove it letter and see what they come up with,

will send that to both moorcroft and midas.

 

Obviously this will affect my credit rating and as i dont have any other debt

 

would it just be easier to accept this and pay?

 

even tho i dont know how they came up with this amount and dont have much spare cash sitting around.

 

Thanks for the advice.

[citizenB]

If it is statute barred, then why would you want to pay it? There should be no reference to this on your credit files after the statutory period of 5 years if you are in Scotland and 6 in the rest of the UK . You could check quite easily by requesting a copy of your files from the 3 main reference agencies.

[Simplythebest]

Oh didnt know that citzenb thought it would come up on my credit file thats good news,

 

99% certain that this is statue barred

 

however dont have paperwork for this account.

 

So will just stall them even longer by sending prove it letter.

 

So they ant really add any further charges or take me to court then?

 

moorcroft must know its statue barred?