Wescot and Lloyds TSB PLC

[robster911]

Hi Guys

 

Its been a while since I have needed any advice but I have just received a letter from wescot saying I owe them £2100 which was passed from Lloyds TSB, now many moons ago I was in debt and found things difficult but now I have a mortgage with santander, a good rate credit card and no bad debts on my credit file ( which I have checked just now) and I am fairly certain Lloyds Tsb were not owed any money any way. This letter was sent to my last address not my current one.

 

Can some one tell me the best way to deal with these snakes

 

Thanks Rob

[mathmagician]

How long ago was the alleged debt?

To be honest as others on here will tell you if it's not on your CRA, there's not a lot they can do. The chances are it's statute barred. If you could find out from your own records when the last payment was made you should be able to send them the SB letter, job done.

[robster911]

They haven't said how old the debt is, its just a demand for me to pay, but as I said I'm pretty sure I never owed the money

[BRIGADIER2JCS]

Hi, For safety here before going down the SB route

if you are not sure of the date of the last payment

or written acknowledegment of the debt I would

do a SAR to LloydsTsb, to get all the detail and dates.#

Once confirmed then send the sb letter.

[mathmagician]

Well your two main avenues are to say you believe the debt, if it ever existed is statute barred because the last payment was made over six years ago. Alternatively you ask them to prove the debt exists and is indeed yours by sending them a CCA request. If the debt never existed or is very old, they won't be able to provide it, at which point "in dispute letter" goes out.

 

Up to you which route you want to go. I think the the SB is simpler as it requires less to-ing and fro-ing. You need to go back through your records and see if there is any evidence of any payments towards the alleged debt and if so how long ago. That will give you a better idea of which avenue to pursue.

 

Edit: Or alternatively... do what Brig says, far wiser man than I

[BRIGADIER2JCS]

What type of account was this, if it was a current account/overdraft

a CCA is not applicable, and as you are unsure of the last payment

or acknowledgment I would take the SAR route.

[casper1963]

If you have do not recagnise the debt rather than send a cca request you could always send the prove it letter(link below) just send it 1st or 2nd class and get proof of postage head the letter i do not aknowledge any debt to you or LTSB and do not sign just print

regards casper

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

before you follow this course of action wait for more expirienced cagers to comment

[robster911]

Thanks, I will do the SAR and I can garauntee they know nothing of this debt as I never had a lloyds tsb bank account, thinking back my money owed was egg and first direct and sainsburys all these definately statued barred as I watched them all fall off my credit report after the 6 years

[robster911]

what does any one else think to the "prove it letter"

[mathmagician]

As you seem very confident that there is no case to answer, I can see the temptation to deal with it without bringing out the bigger guns. There is nothing to stop you sending it anyway while you await the return of the SAR. Others may well say it's a waste of a stamp and await the info from Lloyds.

[BRIGADIER2JCS]

You could send it anyway belt and braces theory

is always good if there is uncertainty, in post 1#

you seem to recognise the account hence my advice.

[robster911]

Just had a look at the sar letter firstly it cost £10 and secondly I have no account number to send them, so they will have no idea who I am, Could wescot be trying it on ? I think I should be sending the prove it letter ?

[robster911]

sorry Brigadier, I dont recognise the account as I said ive never dealt with lloyds tsb

[mathmagician]

I'd be tempted to go with the "prove it letter" also put on there you would like the account numbers, type of debt etc... plus the usual only dealing in writing. If it's first letter you are a way off from any potential enforcement action.

[BRIGADIER2JCS]

Westcott are chasing SB debt if you believe

this is not your account send the following

to Westcott.

 

Take note I do not acknowledge any debt to

you or any company you may claim to represent.

 

Further to you recent correspondce regarding an alleged

debt to Lloyds TSB, which you claim is owed by me,

please take note that I am not nor ever have been a LloydsTSB

customer.

I have researched this matter and have concluded that

any such alleged debt would now be statute barred under

the Limitations Act 1980 so I state at no time now or

in the future will I acknowledge or make payment regarding

the alleged debt.

I would remind you of the OFT Guidance 2003 updated

October 2011 and the sections on SB debts and the section

reagrding pursuing an individual without knowing if they

are the alleged debtor.

[citizenB]

IMHO, I would simply write back saying you have no knowledge of this debt. As far as you are concerned you have never held an account with LTSB. Please stop harrassing me..

[robster911]

Ok guys, I wrote to them denying all knowledge of debts, put my current address on which different to the one they sent the letter to, which happens to be my mums address where I stopped for a short while earlier in the year. They have now sent another letter to the old address asking me to confirm my date of birth and the last address I have resided at together with the date I left. Saying they need this to prevent a breach of the data act and to continue with my enquiry.So the question is what do I do now?

[citizenB]

No, you do not need to do this. What they are claiming is rubbish. They have already breached the DPA, I would have thought.

[robster911]

sorry for my ignorance but whats the DPA ? should ignore them or write again

[casper1963]

Data Protection Act

[robster911]

Ah yes should have realised ! I'm going to send them another letter this time the one Brigadier sets out. hopefully they will get the message this time

[BRIGADIER2JCS]

I'm around if you need any help robster.

[robster911]

Thanks Brig, I'm sending them this letter

 

 

Take note I do not acknowledge any debt to you or any company you may claim to represent.

 

Further to you recent corresponds regarding an alleged debt to Lloyds TSB, which you claim is owed by me, please take note that I am not nor ever have been a lloydstsb customer.

I have researched this matter and have concluded that any such alleged debt would now be statute barred under the Limitations Act 1980 so I state at no time now or in the future will I acknowledge or make payment regarding the alleged debt.

I would remind you of the OFT Guidance 2003 updated October 2011 and the sections on SB debts and the section regarding pursuing an individual without knowing if they

are the alleged debtor. Please stop harassing me and the people who live at the address xxxxxxxx you keep sending letters to. To ask for my date of birth etc is nonsense and it is my belief you have already broken the data protection act. Any more letters sent to xxxxxxxxxxxxx will not be answered and returned to yourselves as I informed you in my last letter I do not live there. Any other correspondence other than proof of the alleged debt will be reported as harassment any correspondence should be sent to zxxxxxxxxxxxxx

 

Any thoughts ??

Edited January 19, 2012 by robster911

[BRIGADIER2JCS]

You have but please edit out the addresses on the post.

Brig.

[citizenB]

Thanks Brig, I'm sending them this letter

 

 

Take note I do not acknowledge any debt to you or any company you may claim to represent.

 

Further to you recent corresponds regarding an alleged debt to Lloyds TSB, which you claim is owed by me, please take note that I am not nor ever have been a lloydstsb customer.

I have researched this matter and have concluded that any such alleged debt would now be statute barred under the Limitations Act 1980 so I state at no time now or in the future will I acknowledge or make payment regarding the alleged debt.

I would remind you of the OFT Guidance 2003 updated October 2011 and the sections on SB debts and the section regarding pursuing an individual without knowing if they

are the alleged debtor. Please stop harassing me and the people who live at the address ( **Address removed ** ) you keep sending letters to. To ask for my date of birth etc is nonsense and it is my belief you have already broken the data protection act. Any more letters sent to **Address removed **will not be answered and returned to yourselves as I informed you in my last letter I do not live there. Any other correspondence other than proof of the alleged debt will be reported as harassment any correspondence should be sent to **Address removed **

Any thoughts ??

 

You should head your letter - OFFICIAL COMPLAINT - and I would also be inclined to ask for a copy of their complaints procedure. Other than that.. go for it. Please keep us updated.