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Child’s account & overdraft

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  • Brookec2117
    Brookec2117 Posts: 8 Forumite
    First Post
    Is it worth the OP just following the usual "Prove it" letter protocol on this? I'm genuinely wondering whether the fact that they bank with Lloyds now might be a red herring here, just a straight coincidence? 

    OP - I take it that the current account you are using now is that same account as the one you originally opened as a child, yes?
    The young saver account was closed due to being over the age of 18 and a current account was then opened. We did this via help from Lloyds - I’m now 24 so I’ve had my account for 6 years, with no mention of any overdraft from my previous youth account. 
  • ManyWays
    ManyWays Posts: 1,371 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    It may just be someone else's account not yours.
    Who is the debt collector, is it clear if they are collecting on behalf of lloyds or if lloyds have sold/assigned the debt to them? 
  • Brookec2117
    Brookec2117 Posts: 8 Forumite
    First Post
    ManyWays said:
    It may just be someone else's account not yours.
    Who is the debt collector, is it clear if they are collecting on behalf of lloyds or if lloyds have sold/assigned the debt to them? 
    It’s definitely for me, I thought it was possible it was someone else’s account/debt but Lloyds was defiant it’s mine. 

    PRA group have bought the debt. Until they contacted
    Me I had no knowledge I owed anything as I can’t remember doing so, it’s very confusing. 
  • sourcrates
    sourcrates Posts: 31,601 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 27 January at 3:39PM
    OK, stop "talking" to debt collectors, and bank staff, you do this correctly, in writing, a good old fashioned letter, with a few very simple sentences.

    You send one copy to the debt collector and another copy to the bank, refrain from speaking to either party on the phone as you will get not find it productive.

    The letter should say something along the lines of:

    To whom it may concern, 

    In regard to the debt you have written to me about on (insert date) with the reference number (insert ref).

    In the UK, a legal presumption exists that entitles anyone to enter into a contract unless an exception applies.
    One of those exceptions is in the case of a minor.

    Contracts where the minor may avoid the effect of the contract are for the acquisition of a legal or equitable interest in property, and various other matters, including contracts for debts, the debtor was 15 years old at the time this agreement was signed, thus rendering the contract unenforceable.

    Please confirm no further action will be taken in regard to recovery of this debt, and that this matter is now closed.
    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
  • Brookec2117
    Brookec2117 Posts: 8 Forumite
    First Post
    OK, stop "talking" to debt collectors, and banks, you do this in writing, a good old fashioned letter, with a few very simple sentences, you send one copy to the debt collector and another copy to the bank, refrain from speaking to either party on the phone as you will get no where.

    The letter should say something along the lines of:

    To whom it may concern, 

    In regard to the debt you have written to me about on (insert date) with the reference number (insert ref).

    In the UK, a legal presumption exists that entitles anyone to enter into a contract unless an exception applies. One of those exceptions is in the case of a minor.

    Contracts where the minor may avoid the effect of the contract are for the acquisition of a legal or equitable interest in property, and various other matters, including contracts for debts, the debtor was  years old at the time this agreement was signed, thus rendering the contract unenforceable.

    Please do not contact me again about this matter.
    Thank you for your reply! I have written a letter to Lloyds as well as a complaint. The letter was sent over 6 months ago so I will make another on as well as q letter to the debt company. 

    But I will not be making no more phone calls as you are right, I’m not getting no where. 
  • moneytorques
    moneytorques Posts: 248 Forumite
    Tenth Anniversary 100 Posts Photogenic Name Dropper
    OK, stop "talking" to debt collectors, and banks, you do this in writing, a good old fashioned letter, with a few very simple sentences, you send one copy to the debt collector and another copy to the bank, refrain from speaking to either party on the phone as you will get no where.

    The letter should say something along the lines of:

    To whom it may concern, 

    In regard to the debt you have written to me about on (insert date) with the reference number (insert ref).

    In the UK, a legal presumption exists that entitles anyone to enter into a contract unless an exception applies. One of those exceptions is in the case of a minor.

    Contracts where the minor may avoid the effect of the contract are for the acquisition of a legal or equitable interest in property, and various other matters, including contracts for debts, the debtor was  years old at the time this agreement was signed, thus rendering the contract unenforceable.

    Please do not contact me again about this matter.
    Thank you for your reply! I have written a letter to Lloyds as well as a complaint. The letter was sent over 6 months ago so I will make another on as well as q letter to the debt company. 

    But I will not be making no more phone calls as you are right, I’m not getting no where. 
    Good luck with the complaint, be sure to keep us updated of the steps and outcome as this is a very unusual set of circumstances!
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