Being chased for debt from 29 years ago

Chelle7494

Hi, can someone help please?
I received a letter from a tracing company just before Christmas and when I rang them, it was for a debt collection company. They couldn't give me any other info apart from the contact details to get in touch with the debt collection company. I rang them straight away and they are chasing me for a debt from 29 years ago, which they say was an overdraft with Lloyd's bank, on a junior account. I know I had an account with Lloyd's but genuinely cant remember anything about a debt. I telephoned Lloyd's bank customer services who said they couldn't find any details on their system, but she also said that they would never have given overdraft facilities on a junior account. I have since received a letter from the debt collection company who said they would send me details proving I owe the money, however it is a letter enclosing a "printout" that they say is from Lloyd's, but could be one they've typed themselves as it doesnt have anything to show it is from Lloyd's. They are chasing me for £539.62, but the printout says total is £235.11, although I'm presuming this is with interest added on. They say they have had difficulty locating me and that was the 5th tracing company they have used, but I not received anything at all about this debt until now. I have recently received 5 repayments of PPI from Lloyd's, and wondered whether this is why they've contacted me now, although I have been on the electoral roll all this time, I've not been hiding at all.
I declared myself bankrupt in 2012 and was discharged in 2013. This debt was not included in the bankruptcy order, because I knew nothing about it.
How do I know if I actually owe this money? If I do owe it, is the debt statute barred because of time? Would it be covered under my bankruptcy order anyway?
Any help would be really appreciated as I have had two calls this week from the company chasing payment.

Willing2Learn

Chelle7494 wrote: »

If I do owe it, is the debt statute barred because of time?

Hi Chelle7494 and welcome to the forum

Block their phone number so that they cannot call you. (If you cannot block for any reason then tell them, politely, that you do not consent to phone-calls and that you consider it to be harassment, causing you alarm and distress.) This will make them write to you. If they do write to you, then you can respond with either the standard Statute Barred letter template, or the hybrid 'proveit' / Statute Barred letter template (if you are unsure the account is yours).


Basically, there is nothing to worry about...

Enterprise_1701C

Not advice, please don't take it as such, but surely at that time the account would have had to be applied for in branch, and they would have to have your signature on any papers relevant to the account.

You knew nothing about this debt, and an overdraft is an unsecured loan which can become statute barred. You have had no contact from them within the last 29 years therefore they have no right to chase you for this, even if it was yours.

Again, I am not qualified to offer advice, but this is the basis I would work on.

debt_doctor

Hi,

Firstly, is it Statute Barred - almost certainly yes! Also they need to prove you owe this money.
Secondly - this debt WAS part of your bankruptcy as it was a debt (allegedly) owed on the day you became bankrupt. Bankruptcy is a big 'catch all' and all debt owing is included, whether you put in on the forms or not.

I hope the PPI related to accounts opened after your BR, otherwise you were not allowed to make the claim.

DD

Chelle7494

Hi DD
Thank you for your response. Can you please advise what my next steps should be and how I deal with the collection agency? Do I inform them of the bankruptcy? The guy that has phoned each time has been so rude, and I have to admit I'm feeling quite intimidated at the moment. Any advice as to what I should do would be great!
Thanks so much, Michelle

Chelle7494

Hi Willing to Learn!
Thank you for your response! I'm definitely feeling pressured by the phone calls, so will block them and advise them to write to me instead. The guy dealing with it has been so rude. Thanks for suggesting a simple but effective way if not having to deal with that over the phone

ToxtethO'Grady

Send them details of your bankruptcy you can find that on the Gazette https://www.thegazette.co.uk/insolvency


Stepchange website have a sample letter you can send to them about reducing creditor calls, or just do it through their 'contact us' if they have a website

https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx


Your bankruptcy means the debt was included so doesn't matter if it was statute barred, if they say it's gone to a county court judgement even then that is covered by your bankruptcy. They have no recourse to chase you for this debt.

sourcrates

Stay off the phone to these people, thats their first weapon of choice to extricate you from your money, when they have your full undivided attention, they will say or insinuate anything to get a payday.

Do as advised above, and remember, do everything in writing from now on, block the phone number, your phone is for your benefit, not theirs, your bankrupcy encompassed all your debts, so not only would it be statute barred, as mentiond above, it was also annulled by your bankrupcy.
These companies buy debts in bulk, with no idea whatsoever about their enforcibility, or your circumstances, so you must inform them in writing of its status, and that should be that.

However, debt colletors are quite arrogant, with any luck they will ignore you, you can then escalate the matter to a complaint, which you can take to the FOS if nessessary, and then get a little bit of recompence out of them, for wasting your time, good luck with it.