Debt Agency Want Money From Old Bank Account.

mrsbutton
mrsbutton Posts: 108 Forumite
in Debt-free wannabe
Hi everyone,


I'm looking for a little help.
I received a letter from a debt collection agency regarding an old bank account I had, saying I owe them £147.07. The debt was bank charges from direct debit's defaulting which was in 2008. I went in to the bank regarding these charges as I felt they were high and unfair.
The bank and myself did not come to an agreement so I advised them I would not be paying them back and asked for the account to be closed and left.


The address the account was registered to I have not lived at since March 2010 and they have now caught up with me at my new address.


I have not contacted the debt collection agency and have never paid anything to the debt.


Could anyone advise me where to go from here?


TIA
:A If i was a rich girl....... :A
«13

Comments

  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    It seems to me that the time for collecting on this account has past, under the Limitations act 1980, if no payment or written contact has been made for a period exceeding 6 years (England & wales, 5 years in Scotland) then the debt becomes statute barred, which basically means a creditor cannot take action through the courts to retrieve its money, so you don't have to pay it.

    Depends when the "cause of action" was, the dates are important, also you need to check they have not registered a CCJ against you at your old address, as this would invalidate the SB period.

    Check your credit file, if any CCJ`s exist, they will show on there.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    sourcrates wrote: »
    It seems to me that the time for collecting on this account has past, under the Limitations act 1980, if no payment or written contact has been made for a period exceeding 6 years (England & wales, 5 years in Scotland) then the debt becomes statute barred, which basically means a creditor cannot take action through the courts to retrieve its money, so you don't have to pay it.

    Depends when the "cause of action" was, the dates are important, also you need to check they have not registered a CCJ against you at your old address, as this would invalidate the SB period.

    Check your credit file, if any CCJ`s exist, they will show on there.




    Thank you very much for your reply.


    I thought that but wasn't too sure, I can't seem to check my credit file on the address the debt is from as I have moved twice since 2010 and Noodle seems to be only coming up with my current and previous address but I shall have a good look in to it.


    Thank you again :)
    :A If i was a rich girl....... :A
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    sourcrates wrote: »
    It seems to me that the time for collecting on this account has past, under the Limitations act 1980, if no payment or written contact has been made for a period exceeding 6 years (England & wales, 5 years in Scotland) then the debt becomes statute barred, which basically means a creditor cannot take action through the courts to retrieve its money, so you don't have to pay it.

    Depends when the "cause of action" was, the dates are important, also you need to check they have not registered a CCJ against you at your old address, as this would invalidate the SB period.

    Check your credit file, if any CCJ`s exist, they will show on there.


    I have had a good look on my credit file and the account I thought this was about was with another bank. I don't remember owing this bank any money. I do remember having an account with them but it was basic with no overdraft. No where do I have anything regarding an amount owing, even on my credit file.


    Should I send them a letter declaring I have no knowledge of owing them money?
    :A If i was a rich girl....... :A
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    mrsbutton wrote: »
    I have had a good look on my credit file and the account I thought this was about was with another bank. I don't remember owing this bank any money. I do remember having an account with them but it was basic with no overdraft. No where do I have anything regarding an amount owing, even on my credit file.


    Should I send them a letter declaring I have no knowledge of owing them money?

    Ok, in that case send them this :

    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Basically this asks them to prove the debt without formal acknowledgement.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    sourcrates wrote: »
    Ok, in that case send them this :

    http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Basically this asks them to prove the debt without formal acknowledgement.


    Thanks again you have been a huge help!


    Have a lovely evening. :)
    :A If i was a rich girl....... :A
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    mrsbutton wrote: »
    Thanks again you have been a huge help!


    Have a lovely evening. :)

    No probs, you too !!!!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    Quick update!

    I sent the letter in the reponce and I have received three letters since saying they are still waiting for a reply from the bank with evidence.

    Anyway this can be put to bed? I'm certain I owe them nothing.
    :A If i was a rich girl....... :A
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    I have also received a latest statement from the debt agency with the money I owe and asking me to contact them to discuss my situation if no payment plan is agreed.
    :A If i was a rich girl....... :A
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hopefully you sent all of your correspondence recorded delivery and kept a copy - If you did then you could make a formal complaint at this stage as they are ignoring your request for information (which you can show they have received through the recorded delivery receipt) and continuing to chase for the debt.

    If you didn’t manage to send it recorded delivery the first time then, first of all - don't worry...and I would suggest you send your dispute letter again (but recorded delivery this time) and then you can take the next steps from there…if they continue to ignore you then you can complain but I think you will find that once you can show they have received your dispute then you will get a more positive and personal response. Good Luck.

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    Thanks Laura!

    I have sent everything recorded I also received a response from them stating they had noted my dispute.
    This also states they would stop all collection of the "debt" until they found out the outcome.

    Would you suggest sending this?http://forums.moneysavingexpert.com/showthread.php?t=2607247

    Thank you for your help :-)
    :A If i was a rich girl....... :A
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