Old Credit Card Debt Appeared

sonia1976

Hi
Have had a letter at the end of July from Lowell Group saying they have purchased a debt in my name from Lloyds TSB.
I last had a Lloyds TSB card when I lived with my ex-husband and I left in March 2002. I was unaware there was any outstanding debt on the card, it is £153.00 they are asking for. They said it went into default in 2010. I don't understand how a card I last had in 2002 could have not gone into default until 2010? I actually went bankrupt in 2007 and included all debts I knew about in that.
I told them I knew nothing about the debt, as far as I knew the card had been paid off before I left my husband. I asked them to send me proof of the debt.
They have posted me statements dated from October 2009 to November 2010. These statements had an address at the top that I moved out of in August 2006, so I clearly would never have received those.
I have sent a statute barred letter, but I am confused as they have said it went into default in 2010, but I had no access to the card and have not made any payments to it since March 2002. Does the statute barred thing stand or does the fact they are saying it didn't go into default until 2010 have an impact?
I know it is only a small amount, but I do not want to pay for something I know nothing about. Also I hate the thought that it will remain on my credit record after I have waited so long for bankruptcy to go.
Any advice gratefully received.

I told them when they contacted me that I

McKneff

On the statements that they have sent you are there any payments visible.

They have made a mistake, big time. Defaults should be made within 6 months.

Have you checked your credit files to see if the default is on there.

More peeps will be along who would be able to help more than me.

sonia1976

The statements show no payments being made.

Thanks for replying. I just want it to go away.

sonia1976

Sorry..... clicked post too soon. Not checked credit file since not long after bankruptcy. Don't remember seeing it then

McKneff

It its not on your credit file, it has gone away.
If it is on your credit file, they really have made a big mistake.

check first and then come back but don't worry about it anymore. It will go away.

spacey2012

The default date means nothing, the only important date is the date YOU either acknowledged the debt in writing or made a payment.
They are trying it on love.

fermi

a) It is covered by your bankruptcy from 2007
b) It would be statute barred if not for (a).
c) The default in 2010 is a false record, and puts them in breach of the Data Protection Act and principles.

Lowells are ####ed 3 ways at least on this.

sonia1976

Hi Fermi
They told me it wouldn't be covered by 2007 bankruptcy if I hadn't included it in Bankruptcy paperwork, which I obviously didn't as I had no idea it was there.
Is that not correct then?

fermi

sonia1976 wrote: »

Hi Fermi
They told me it wouldn't be covered by 2007 bankruptcy if I hadn't included it in Bankruptcy paperwork, which I obviously didn't as I had no idea it was there.
Is that not correct then?

That is complete twaddle. If the debt existed at the time, then it is covered, whether on the paperwork or not.

Possible letter/email.

fermi

Plus the debt would be statute barred on top of that, so they are doubly talking complete bull!

sonia1976

This was their response to my letter, bearing in mind the first date on statements they sent me were October 2009 and my bankruptcy was 2007.

Thank you for your email.

I can confirm that the statements which have been forwarded to you are sufficient to substantiate the outstanding balance.

However I appreciate that you have concerns regarding dates of the account and I have referred back to Lloyds for further information regarding this. We will be in touch again upon receipt of further information in due course. Please be assured that the account will remain on hold in the meantime.

I know the debt could not have been from 2009. I take it they will have to prove when the debt began and at what point I could possibly have known about it. I know for definite it could not have been from after the bankruptcy, and I am pretty sure it must have been from 2001-early 2002 if it is mine.