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