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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I have received a letter from a Debt Collection Agency advising

Customer Question

I have received a letter from a Debt Collection Agency advising me to contact them. After speaking with them on the telephone, they advised I have an overdraft from a bank account to which I owe money. They advised that the account went into default in October 2012. I have not received any correspondance in many years, possibly even 8 years. I have however had several addresses in that time. The agency gave me limited information. They did not advise me of the account number therefore they advised me the name of the bank and I have 14x days to speak directly to the bank to obtain more information and call the agency back. I have little knowledge of the account in question as its a very long time ago. I have not given the agency much information so far. Please help.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

Yes with the information I have given, how do I proceed and do I need to pay the amount the agency are asking for?

Customer: replied 3 years ago.

JOMO1972 Yes with the information I have given you already, how should I proceed and do I need to pay the amount the agency are asking for?

Expert:  Jo C. replied 3 years ago.
I am travelling from Court and will respond to you as soon as I am able.

Thank you for your patience.
Expert:  Jo C. replied 3 years ago.
Sorry for the delay.

Do you accept you were in overdraft?
Customer: replied 3 years ago.

FOR JOMO1972


 


Yes I was in overdraft.

Expert:  Jo C. replied 3 years ago.
Were you paying or using the account until October 2012?
Customer: replied 3 years ago.

FOR JOMO1972


 



 



 



 


Expert:  Jo C. replied 3 years ago.
Hi

That was blank?
Customer: replied 3 years ago.

FOR JOMO1972


 


No the last time I recall using this bank account was in 2004.


 


I have managed to find some paperwork relating to this case. I have a letter dated April 2004 headed: Immediate Action Required - Account is over the agreed limit.


 


I have another letter dated May 2004 which says: Please find the details below of the revised arrange plan you have made with us to reduce the balance of your account.


 


I have another letter dated June 2004 advising that the balance of my account exceeds the overdraft limit. This is the record I have of the bank contacting me.


 


The address that the bank sent the letters to is my parents address and I was residing there until 2009. I did not receive any letters after June 2004.

Customer: replied 3 years ago.

No the last time I recall using this bank account was in 2004.


 


I have managed to find some paperwork relating to this case. I have a letter dated April 2004 headed: Immediate Action Required - Account is over the agreed limit.


 


I have another letter dated May 2004 which says: Please find the details below of the revised arrange plan you have made with us to reduce the balance of your account.


 


I have another letter dated June 2004 advising that the balance of my account exceeds the overdraft limit. This is the record I have of the bank contacting me.


 


The address that the bank sent the letters to is my parents address and I was residing there until 2009. I did not receive any letters after June 2004.

Expert:  Jo C. replied 3 years ago.
Proceeding on the basis that there has been no acknowledgement of this debt since 2004 then they are time barred.

Probably what has happened is that they have sold the debt to a collection agency to see what can be recovered upon it.

Under the Limitation Act 1980 they had six years to sue from the date of last acknowledgement and they are out of time.

What could happen though is that they could try to put a default on your account with the credit reference agencies. Sometimes they do. There is a procedure for asking for its removal because it wasn't within a reasonable time and you may succeed but thats the risk you face.

On your main point though, they are out of time.

Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

When I spoke to the debt collection agency before, they advised that they received the case after 2012.


 


I dont know if this helps but in 2010 I went into the bank with my wife as she also has an account with the bank. We went into the bank together to sort out something for her. At the time the bank advisor who assisted us is an old friend of mine and asked me if I have a bank account with them.


 


I advised I had a bank account a very long time ago and when the bank advisor checked the records, the bank advisor advised me that I have a student account which has been placed on hold and it says the customer (myself) is away therefore I have not received any further contact for a long while. The bank advisor advised that I have an overdraft still on the account but it has not been occuring any interest. I believe the bank advisor then ticked a box on his computer screen changing my status from away to present.


 


About 6 months after the visit to the bank, I started receiving calls from the bank. They asked me several security questions which I did not pass as the one of details (possibly the address) they had for me was incorrect. They advised that I should go into one of their brances with proof of ID and investigate further.


 


I believe this has led to the case being passed to the debt collection agency.


 


Can I ask if this would still fall into the Limitation Act 1980 as I was unaware at the time I still had an overdraft on my account. Back in 2004 my father dealt with my finances so I did not know I had an overdraft outstanding until 2010.

Expert:  Jo C. replied 3 years ago.
Its not likely that would amount to acknowledgment of the debt.

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