Marlin chasing old Lloyds Loan - poss statute barred debt

[amphiprion]

Hi,

Hoping I can get some advice here about a conundrum I have.

 

I have an old debt for a personal loan which will become SB at the end of february.

Having heard nothing for years

 

I suddenly received a notice of assignment from a DCA about three weeks ago.

Then yesterday a request for me to contact them about payment.

 

I feel sure that I can probably stall them until it is SB with some careful letter writing followed by a CCA request,

but im a bit confused about the wording of the 1980 limitations act and various comments ive read on forums and advice sites.

 

Will it stop the clock or restart the SB period if i communicate in writing with them eventhough I will not be admitting the debt?

 

Ive scanned all the relevent threads on here and just dont seem to be able to find a definitive answer.

 

I feel that I do need to take some action because if I ignore them they could easily have time to put in a claim before it becomes SB!

 

If any one could give me some advice here I would greatly appreciate your time and advice on the best way forward!

[citizenB]

Unless you admit liability, in writing, or make a payment to the account then telling them the debt is statute barred does not reset the SB clock.

 

When did you cease payments on the account

Did you receive a default notice and when ?

[amphiprion]

Thanks for replying,

Last payment will have been december 2009 or january 2010.

I got the default letter in early may 2010.

[unclebulgaria67]

Hi,

Hoping I can get some advice here about a conundrum I have.

I have an old debt for a personal loan which will become SB at the end of february.

Having heard nothing for years I suddenly recieved a notice of assignment from a DCA about three weeks ago. Then yesterday a request for me to contact them about payment.

I feel sure that I can probably stall them until it is SB with some careful letter writing followed by a CCA request, but im a bit confused about the wording of the 1980 limitations act and various comments ive read on forums and advice sites.

 

Will it stop the clock or restart the SB period if i communicate in writing with them eventhough I will not be admitting the debt?

Ive scanned all the relevent threads on here and just dont seem to be able to find a definitive answer.

I feel that I do need to take some action because if I ignore them they could easily have time to put in a claim before it becomes SB!

If any one could give me some advice here I would greatly appreciate your time and advice on the best way forward!

 

You might as well send the CCA request, as the DCA will need to contact the original creditors for it and it won't be that quick. Once debts are sold on original creditors are not helpful in trawling through records to find documents. Unless you have a dispute, can't see the point of just sending a letter, as that won't stop a court claim being issued, whereas an outstanding CCA req should put matters on hold.

 

Check your credit record to see what is shown.

[unclebulgaria67]

Thanks for replying,

Last payment will have been december 2009 or january 2010.

I got the default letter in early may 2010.

 

The actual default may be up to about 3 months after a missed loan payment. So if your last payment was January, you missed the payment in February and this was chased, with the account not being put into default until May. So the statute barred date may be later than February 2016. If they issued a court claim, this would be subject to argument.

[amphiprion]

Yes I see your point but on the otherhand, as can sometimes happen,if they do produce it.

 

 

They can just go ahead with a claim within the SB period.

 

 

I dont want to go in to too much detail, as I know they do moniter this site,

but, there are special circumstances that would perhaps force them to play letter tennis for a while,

and the way I see it, the more time I can waste the better it would be for me!

[amphiprion]

Yes I agree it is all ifs and buts at the moment. I checked my credit file and nothing is showing at all! Not sure what the reason for that would be!

[unclebulgaria67]

Yes I agree it is all ifs and buts at the moment. I checked my credit file and nothing is showing at all! Not sure what the reason for that would be!

 

The debt buyer has not got around to adding it.

 

Is there any PPI to claim back ?

 

You could simply send a vague letter, asking for more information, so you can make further enquiries.

[renegadeimp]

You ignored it this long, just wait the sb time out now.

 

 

It's only a few weeks and it's unlikely the CA will issue a.claim this fast.

 

 

Especially if they've only just contacted you.

 

 

They have to go through the entire lba stuff, including sending it to a solicitor who gives 14 days or so before any claim is issued.

[amphiprion]

Re unclbulgaria,

 

You may be right, started checking it a couple of years ago

and its never shown up in all that time. Re vague letter that was the plan, sort of!

 

Re renegadeimp.

I have considered this and am half inclined to do just that!

 

 

But I dont want any nasty surprises,

had a situation years ago where I got a notice of assignment which i ignored followed by a court claim within 6 weeks.

 

 

One or two letters were sent to me in between obviously.

[dx100uk]

can yo name names please

 

 

what type of credit

who was the original creditor

who is the DCA.

 

 

dx

[amphiprion]

can yo name names please

 

 

what type of credit

who was the original creditor

who is the DCA.

 

 

dx

Marlin

[amphiprion]

Original creditor was lloyds tsb and dca is marlin

[citizenB]

Just advise that you would like more information, especially a copy of any agreement before you can say whether you have any knowledge !

[amphiprion]

Ok thankyou.

[renegadeimp]

If marlin has it, its a bad debt. Find out why

[amphiprion]

Ok, what do you mean by a bad debt? What should I be looking for?

[renegadeimp]

Bad debt means 99.99% unenforceable. Marlin do not chase valid debts. They never have. They only deal in ones that no other DCA touch. Even after they were bought out.

 

You need to check if it actually is SB, as this could be why no other DCA want to try it. Its likely already long SB, full of charges you can reclaim, or they might not even have the right paperwork

[amphiprion]

Ah ok that sort of makes sense and to be honest I suspect there is no paperwork for it but wont go in to the reasons why,

 

 

Im pretty sure its not SB yet although they possibly might think it is due to lack of paperwork.

 

 

They have not even given a loan account number as yet which did make me wonder!

 

Thanks for that info its exactly the kind of background I was looking for!

[renegadeimp]

get doing your homework. marlin wont have much paperwork at all. They expect people to get scared, and to give in and pay.

[amphiprion]

Will do and thanks again,

 

 

had a similar encounter with capquest a few years ago re an overdraft on the same account.

 

 

Turned out they could not obtain any paperwork to support their claim at court.

 

 

They didnt even know it was an overdraft!

 

 

Court stayed it and they eventually had to withdraw the claim.

 

 

I think this one has come with a similar set of circumstances, which may explain why the bank never chased it!

[dx100uk]

blimey you didn't tell us about that claim - well done I wondered what happened to you

 

 

 

 

dx

[renegadeimp]

As I said. Do your homework. Marlin has it so I guarantee its unenforceable in some way. Won't stop them trying so make sure youre ahead of them

[amphiprion]

Ok renagadeimp, thanks again, any tips on how I should go about doing that, I think its going to hinge on availability of paperwork, so should I put in a CCA request?

[renegadeimp]

I wouldnt even respond. Just check sb status and get info from the ocean. Only start talking to Marlin if they issue a lba