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Hello there, I was wondering if anyone could give me some advice please? A few weeks ago I started getting phone calls at home and on my mobile, from a company called 'Global debt Recovery Ltd', from New Malden, Surrey. They have also now sent around half a dozen letters which so far I have ignored. I did have one phone conversation with one of their representatives and he informed me that they were chasing a debt for Lloyds Bank from an account that I supposedly opened some 19 years ago. Apparently this account had an outstanding overdraft on it to the sum of around £300 and now, with interest they are trying to claim that I owe over £800. I explained to him that I did not recall ever having an account with Lloyds and that I had always done my banking with Barclays and also that if it had of been my account, there certainly would not have been an overdraft on it because I have never used or applied for one with anybody. He, like most debt collection people, was not interested in what I had to say and said he would send 'proof' of this account, he did! Well what he actually sent was a sheet of paper showing an amount outstanding of some £300+ pounds and my name on the bottom of it. There was not the proof I was expecting like signed documents or applications in my name or anything like that. Anyway, to try and cut a long story short, I am not totally out ruling that this account may have been set up by me but I seriously can not ever remember doing it and I really would not have applied for an overdraft facility so how did I end up with one if it turns out this was my account.... This is almost 19 years ago, how can these people really expect you to remember things from that far in the past? Can anyone please advise what my next move should be?... Thank you
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Re: Charges for a 19 year old bank account with Lloyds!
Hi and welcome to LB!
First of all, don't speak to them on the phone again. If you happen to answer the phone, just refuse to go through security and hang up. DCA phone people are monkeys trained just to extract a payment from punters, they are not able to discuss the accounts, nor do they have access to a lot of information.
As you are not even sure what this debt refers to, I'd send them a Prove It letter, which should put the ball in their court and they'll have to provide some proof that you really owe this money. When there's a period of at least 6 years (5 in Scotland) without payments or written acknowledgment, the debt would be Statute Barred. There is also a letter for that purpose but I'd say, under the circumstances, the letter below should do the trick. :thumb:
Dear Sirs
Account No/Reference No: xyz
You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to Lloyds Bank. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.
Yours faithfully,
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Re: Charges for a 19 year old bank account with Lloyds!
If they keep ringing you, there's another letter you can send to stop the telephone harassment:
Dear Sirs
Account No/Reference No: xyz
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of the Protection from Harassment Act 1997 as well as Section 40 of the Administration of Justice Act 1970.
I ought to draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlined the predatory way in which the account holder was hounded; I quote, from this judgment;
"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt"
If you continue to harass me by telephone, you will also be in breach of s.127 of the Communications Act (2003) and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.
Yours faithfully,
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Re: Charges for a 19 year old bank account with Lloyds!
FP, that's excellent! Thank you very much indeed.Comment
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Re: Charges for a 19 year old bank account with Lloyds!
Even if you did owe the money 19 years ago, it would be Statute Barred by now. This means that the debt is unenforceable in law and you cannot be made to pay it (although you can be asked to, nothing can happen to you at all if you refuse). There is another letter for this, but follow FP's advice for now. :beagle:Comment
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Re: Charges for a 19 year old bank account with Lloyds!
Thanks very much guys, that's a great help.Comment
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