help with old lloyds account ( bryan carter solicitors )

[davidoneman]

Hi i had a bank account with a £250 overdraft , i cancelled a standing order but the bank paid it which sent me over the limit the the following month i got £39 charges which took me over the limit again ( after they paid the standing order i contacted them and they said i didnt give enough time to cancel the payment i did it online . so after they made the payment i stopped using the account as i was mad with the charges as they shouldnt have let the payment out . Anyway this was in 2008 i have had different letters from different companys i sent letters to lloyds requesting unfair charges back but was fobbed off so when i got a letter from these debt agencys i sent them a request for a signed credit agreement then they would close account and then months later different company same again . So today i have received a letter from bryan carter solicitors about county court proceedings the balance is £374.72 , with charges being just over £300 so most of the balance is made up of charges on the account , from one of the companys they said lloyds do not supply agreements with these type of accounts and were unable to supply a copy of the overdraft facility letter i requested . the last payment out of the account the 24th nov 2008 everything after was charges ( how does the 6 years status barred work ? ) as its nearly 6 years to the last time something come out of the account 14th nov 2008 was the last time something paid in .

sorry for the long post many thanks for any help .

[2Grumpy]

presumably the letter is a threat to take court proceedings.

 

Does Lloyds still own the account or have they sold it? (the letter should give a clue)

 

Statute Barred would be 6 years after the default or termination notice issued by Lloyds, probably months after the last payment. Although you might be able to argue an earlier date, it wouldn't be as early as 24th Nov 2014.

 

Your best bet might be to try to delay things

 

I would be tempted to write (including a line denying any liability to them or their clients) saying that you don't owe Lloyds anything and for them to prove otherwise.

 

You could add that any issues were with Lloyds failing to follow your instructions, and their applying charges on charges that would not have been applied had they acted properly

[davidoneman]

Well its says our client lowell , brand / product lloyds

[2Grumpy]

at some point Lloyds must have sold the account to Lowell ...

 

In any letter you could state that you have not received any communication from Lloyds or Lowell and that they are to prove that this debt exists, to provide full statements from when you closed the account, to prove that you are liable to pay it and that they are entitled to receive any moneys rather than Lloyds

 

remember the denial of liability line