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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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Lloyds bank are claiming that I have two 'old' current accounts

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Lloyds bank are claiming that I have two 'old' current accounts with them and that I owe #400 on one and #3500 on another. I have asked them to provide ANY documentation to link the accounts to me. They have ssid other than my name and address they do not hold this data as it is over 10 years old. They have bailiffs and a debt collection agency chasing me weekly. I am refusing to pay anything until they provide evidence it is my accounts. I have never had a current account with Lloyds bank.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is your query in relation to this exactly?
Customer: replied 1 year ago.
Are Lloyds / bailiffs entitled to claim this debt against me without them having any proof of my identity address etc.? They only have my name and a previous address.
Has this matter been to court?
Customer: replied 1 year ago.
No, not all. I have been in communication with Lloyds and a company called Wescot only (e-mail / telephone). Weskit referred it back to Lloyds who said they didn't need any proof of documentation as it was an old account, and said that I should pay up. I have refused as I did not have these current accounts with Lloyds bank.
Customer: replied 1 year ago.
What I need to understand is that can they pursue these debts without any paperwork (electronic or physical) linking these debts to me; namely proof of address, proof of identity, credit agreement etc. that they would need to hold for anti money laundering evidence.
It is very unlikely that you are actually dealing with bailiffs as bailiffs will need a court order to be able to pursue this. Therefore, it is more probably that these are just debt collectors. They cannot do much apart from threaten you and be a nuisance, they cannot force you to pay anything or hand anything over. Nevertheless it is possible for them to pursue the debts without any of the proof you mentioned - these are not legal requirements to pursue a debt. A debt can be pursued if there is belief someone owes the money and they can then pursue them where they reasonably believe that person to be. This is not an anti-money laundering matter anyway. However, this can amount to harassment which you can try and argue to get them off your back. In the meantime you can pursue this directly with the bank and if needed you can also engage the Financial Ombudsman, a free service which can deal with this and try to resolve it between you and the bank. This is your basic legal position. I have more detailed advice for you in terms of the law on harassment and how it can apply here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you. I have submitted the positive rating.I had passed on all the details to the ombudsman, and spoke to an agent working for them. However I have not received a response either way as yet. I logged the complaint approximately 3 months ago.
Ok well as mentioned this continued conduct could potentially amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions. Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim. In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue. So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
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Customer: replied 1 year ago.
Ok, thank you. I will chase the ombudsman, and look to the harassment angle if they continue further. I think as they have an address which I have not lived in for over 15 years and the contact that was sending me the letters leaves this weekend I may just ignore the entire them completely.
You can certainly try that and to be honest the only way they can force you to pay is to go to court and in the circumstances I am not sure they will go that far anyway