Red Debt Collection

[Rachie1973]

I had a Lloyds Bank Account that I used to collect £150 monthly charges on regularly. I found out that I could use another bank and not be slammed with such outrageous charges every month so I switched.

 

I went into the bank in 2007 and shut my account in person. I didn't hand over a letter, I just checked I had a £0 balance and closed it. The lady at the desk agreed this was the end of the account and I owed nothing.

 

Then our lives went haywire, business collapsed, house repossessed, and a house move. We went straight onto the electoral role at our new address, and our post was forwarded properly. I heard nothing from Lloyds.

 

Fast forward a few years and I had a letter at my new address chasing a debt of £600! Apparently I was overdrawn when I left Lloyds,and they added their charges! Despite my checking etc. Nowadays I'm older and wiser and would have had it all put in writing, but clearly I didn't do it properly.

 

I ignored the letters, but now they're stepping up the heat, demanding letters almost daily.

 

How do I go about dealing with this? Are they picking up the pace because we're heading toward the 6 year mark?

[mr_mastiff]

When in 2007 did you close the account?

 

Have you had a letter of assignment?

 

You need to send a SAR to Lloyds to get details of last payments and find out what charges were made etc.

 

You should also send this conformation of assignment letter to the DCA.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387504-Letter-to-DCA-requesting-confirmation-of-Assignment(2-Viewing)-nbsp

 

This debt would appear to be made up of just charges complain to Lloyds and dispute the debt you then can send the account in dispute letter to Red which will put thing on hold.

[silverfox1961]

Hi

Can you say when in 2007 you closed the account? I ask because this 'debt may be statute barred.

 

If you are not sure, Send a SAR to Lloyds. As you have moved, you will need to prove who you are. Any data you get back should show what happened after the account was 'closed'

 

Don't worry too much about Red, they are just another desk along the line from Lowell and Hamptons Legal.

[silverfox1961]

When in 2007 did you close the account?

 

Have you had a letter of assignment?

 

You need to send a SAR to Lloyds to get details of last payments and find out what charges were made etc.

 

You should also send this conformation of assignment letter to the DCA.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387504-Letter-to-DCA-requesting-confirmation-of-Assignment(2-Viewing)-nbsp

 

 

Now what's that saying... Oh yes... Great minds think alike

[mr_mastiff]

I love crossed posts At times:-) I am a little unsure and having someone with your experience back me up gives reassurance.

[Rachie1973]

Sorry, just checked, it was January/February 2008 that I closed it. I can only pin it down to then because I can date my new bank statements to Dec 2007 and I clearly wouldn't have closed one without the other being open.

[mr_mastiff]

That is fine, SAR Lloyds and get the exact details. If you write to RED make sure you state that you do not acknowledge the debt in anyway (big red letters are nice) and you are disputing the debt with the original creditor.

[silverfox1961]

I think it is even more important to get a SAR sent. Account info should show what (if any) contact was made by lloyds to tell you the account was overdrawn. By the way, sometimes a charge is added after an account is closed which wasn't known about before the account was closed. This has the effect of re-opening the account.

 

As for red, to start, I would send a 'prove it' letter (in the library) but head every letter you send:

 

" I acknowledge no debt to you nor any company you claim to represent."

 

I wouldn't mention anything about possible Statute Barred as yet. Save that for later.

 

 

Banks have a duty to treat all customers fairly. If it transpires that no communication was sent re the O/D then (in my opinion) this is unfair.

[citizenB]

Did you not receive a statement after the closure with a £0 balance ?

[mr_mastiff]

I think it is even more important to get a SAR sent. Account info should show what (if any) contact was made by lloyds to tell you the account was overdrawn. By the way, sometimes a charge is added after an account is closed which wasn't known about before the account was closed. This has the effect of re-opening the account.

 

As for red, to start, I would send a 'prove it' letter (in the library) but head every letter you send:

 

" I acknowledge no debt to you nor any company you claim to represent."

 

I wouldn't mention anything about possible Statute Barred as yet. Save that for later.

 

 

Banks have a duty to treat all customers fairly. If it transpires that no communication was sent re the O/D then (in my opinion) this is unfair.

 

Thanks Silverfox it really helps when you get the benefit of experience.

[Rachie1973]

Did you not receive a statement after the closure with a £0 balance ?

 

Thinking about it, No I didn't. I had nothing until about 2 years ago. They said on that one 'despite previous letters' of which I'd had none. I'll do the SAR in the first instance,