Lowell / Lloyds TSB Debt, help please! possibly statute barred

[alanhans]

Hi there (I apologise for the essay in advance)

 

I'm requiring some assistance which seems to be somewhat of an emergency at the moment.

 

While I was at university I had a student account with Lloyds TSB. Everything was fine and there was regular money going into the account

 

, however towards the end of university I had accrued quite a significant amount of debt (as most students do) and as my student account became a graduate account I had gone over my overdraft limit by a few pounds and I had started incurring overdraft charges that were equating up to a substantial amount.

 

I made a small deposit into my account in 04/2009 and that was the last time I used my account,

from then on the charges carried on going,

however I didn't use the account whatsoever.

 

The closing balance for the account was around £2300 and the account defaulted on 12/11/2009 according to my credit report.

 

This account has been passed around to various DCAs, but was bought by Lowell around 3 years ago and

 

they have passed it around to their other companies (Bryan Carter etc.)

I have never made a payment to this balance and I've never claimed that the debt is mine.

 

I sent Lowell a prove it letter a few months ago and they responded in May 2015 by sending me a copy of the last few months of bank statements for the account with Lloyds TSB.

The statements also stop at 11/2009.

 

Lowell since then have been sending me letters every week or every two weeks, and last week they now claim they are trying to "escalate" the situation.

 

I'm unsure if this debt is already statute barred or if it will be on 12/11/2015,

 

my concern is that should I send a SAR to Lloyds in order to obtain any information as to when the overdraft was officially withdrawn?

 

and if so should I contact Lowell in order to tell them I have requested additional information from Lloyds.

 

Thank you for taking the time for read this.

[dx100uk]

If the debt is statute barred then ignore them

Until/unless they issue a claim form

 

They are not baillifs

[alanhans]

Thank you for a prompt response, however I'm unsure if the debt is statute barred now or the worst case scenario, it will be statute barred on the 12/11/2015 (the date my credit report says)

[fkofilee]

Well it might be already... It might not be... Its the cause of action and its hotly contested on here.

I suspect it should be, but... The cause of action is important. Just because it defaulted on Sept 2009 doesnt mean it isnt SB.,

[alanhans]

Well it might be already... It might not be... Its the cause of action and its hotly contested on here.

I suspect it should be, but... The cause of action is important. Just because it defaulted on Sept 2009 doesnt mean it isnt SB.,

 

I agree, it defaulted in November 2009 (supposedly) so I could try to hold out for 3 months.. My question was, should I be sending a SAR to Lloyds to try and find out a bit more before sending a letter to Lowell telling them the debt is statute barred?!

[dx100uk]

You send nothing to any dca!!!

 

If the debt is sb'd save that for court

 

Go ring Lloyd's and ask your last use of the account

 

Dx

[alanhans]

judging from the statements that i've been sent, the last use was in april 2009 and that involved a deposit of funds in a branch, and for the next few months it just seems to be me racking up charges according to the statements

[dx100uk]

SB then

 

Ignore them unless a claim is issued

 

Dx

[alanhans]

Ah okay, thank you for your time and help