Some advice required please.

[gj 500]

Brand new to this site, so please excuse me if I have posted in the wrong place.

 

 

From the beginning,

 

 

in March 2006 my partner was diagnosed with a terminal illness.

I had outstanding with Lloyds bank a Personnel Loan of £18,000,

a Credit Card with a balance of £13,000, and

an overdraft of £470.00.

 

 

I wrote to Lloyds to explain my circumstances and they agreed to accept reduced payments of £200.00 per month for a period of 6 months.

 

 

In December of 2006 my partner sadly passed away, and with her my world.

I was unable to work for a considerable time and I was living on SSP.

 

 

Sometime in 2007, Lloyds contacted me and stated I had not kept to the arrangement so the arrangement was terminated.

 

 

Various letters arrived from Lloyds over a period of time but I had more important things to worry about i.e.: my two boys, so the letters were ignored.

 

 

I heard nothing about these debts until November of this year when out of the blue,

 

 

a Statutory Demand arrived from a company called Lowells, demanding the £18,000 and an accompanying letter demanding the £470.00.

 

 

The following day, another letter arrived from a company called Capquest demanding the £13,000.

 

 

I have applied to my local Court to have the Statutory demand set aside,

using the information I have obtained from this site and various legal publications.

 

 

I have also sent CCA requests to the above companies, and also a SAR to Lloyds.

 

 

The last payment I made to Lloyds was on the 29th January 2007,

I can prove this via Bank statements.

 

 

Are the above debts barred under the Limitations Act ?

 

 

or should I start negotiating with the above companies?

 

 

Any help/advice would be very much appreciated.

 

 

Many Thanks.

[unclebulgaria67]

OK, sounds like you have done what you needed to do. Yes, if the last payment was in January 07, you have not provided any written acknowledgement of the debt since amd there has not been any CCJ awarded, then the debt will be statute barred.

 

It would be up to Lowell or their legal representatives to prove to the court in any hearing, that the debts are not statute barred.

[gj 500]

Thankyou very much unclebulgaria, just to confirm, I have never given any written acknowledgment of these debts and I have also checked my Experian credit report and there are no Judgements against me.

[unclebulgaria67]

Thankyou very much unclebulgaria, just to confirm, I have never given any written acknowledgment of these debts and I have also checked my Experian credit report and there are no Judgements against me.

 

Seems ok then. Just wait to see what happens with the set aside application.

[dx100uk]

then they are SB'd and these people are chancing their arm they'll get a default judgement

 

 

dx

[gj 500]

Thankyou DX, will the bank statements provide enough proof that the debts are Statute Barred ? I have statements from 2006 until 2010, and the last payment recorded to 'Lloyds Bank Collect' is for £200.00 on 29th January 2007.

[dx100uk]

yes

 

 

dx

[gj 500]

Update :- Received notification from Court that the hearing is scheduled for 2nd January 2014, with a time limit of 30 mins. Also received a letter from Lloyds stating that they are in receipt of my SAR and will act accordingly. nothing from Lowells re the CCA request.