MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

[robster00000]

hi there would be gratefull for any advice please, whilst at work today i was called by a company MKKR using the work telephone, i was asked to give personal details to confirm my identity such as date of birth and address, i refused both requests as i stated i did not have a clue as to who they were and the lady was not willing to tell me anything either.. i also asked why are they calling me at work and they said they was unaware as they had 3 numbers not sure where as i have never given out my work number..i have since found by finding this great forum that they are part of welcome finance. which i have not had any dealings with for the past 8 years, after losing my job and trying to caim on the ppi i was told it was not able to cover me and pay the loan as i was aware it would of done from losing my job it was the main selling point they gave me when getting the loan...after many months year trying to fight them. i gave up and didn't hear from them now for 8 years. now i have been contacted by MKKR...are they allowed to call me at work using my employers telephone and also where do i stand in having to pay this debt when welcome was not forth coming in clearing the debt as it should of using the ppi from loss of employment.

i welcome any advice.

many thanks
Rob

[teaboy2]

Re: MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

Hi Robster

It maybe that they were trying to contract you regarding your PPI, though doubtful, but you never know.

As for the debt, so long as you did not acknowledge the debt from the last date of payment and within 6 years of the last date of payment. Then i is legally statute barred, so even if you acknowledged it now, it would still be statute barred and you would not have to pay a penny. Plus they would have to prove that their miss-selling of PPI was not what caused you to miss payments or default on the debt, which clearly was the case.

As for calling you at work, well they are not suppose too, and to be honest when your colleague answered or you answered, you no doubt stated the company name when answering. So on hearing that they should have politely said, sorry wrong number and hung up. There is also no reason why the can not Google the number to ensure it does not relate to a company or business. Next time they call, simply tell them to put whatever it is in writing.

[ODC]

Re: MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

MKRR aka Raven aka Milton Keynes Rancid Rogues are a DCA. They have been on my case for an old Nationwide credit card for a year. Like their heads their threats are empty

[Brythonic]

Re: MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

Hi Rob,

As stated earlier, your alleged debt should be Statute Barred, but a question, did you at any time during the last six years admit the debt? If so, they might be able to claim your alleged debt is not Statute Barred. Technically they can start the Statute Barred process form the date you admit the debt, ie if it was 2 years ago, you might have another 4 years before it is clear.

If you have not admitted the debt, then you are OK, and they have no legal authority to chase you for any money. Further, any more phone calls to you can be classed as harassment. If they call you again, write to them with a FOI (freedom of information request) It will cost you £10.00. Make sure you post it recorded and signed for at the Post Office. By law they have to respond to your questions within 40 days.

1/Ask them on what basis are they demanding money from you as debts over 6 years old are Statute Barred. (do not admit you have a debt)

2/ Ask them what they paid for the ALLEGED debt. (most collections agencies pay the banks/finance companies between 5% & 10% of the original cost of the debt.)

3/ Tell them you have no reason to believe you owe them any money and that any further contact from them either in writing or verbally will be regarded as unlawful harassment. (do not say illegal)

[ODC]

Re: MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

Brythonic it is NOT a Freedom of Information request he needs to send. Its actually a Subject Access request.

Also the debt needs to be acknowledged IN WRITING by the DEBTOR to reset the SB Clock. Once the 6 yrs have elapsed nothing can start the clock again

[FlamingParrot]

Re: MKKR phoned me on work phone for debt over 8 yrs ago from welcome finance

Hi Rob,

As stated earlier, your alleged debt should be Statute Barred, but a question, did you at any time during the last six years admit the debt? If so, they might be able to claim your alleged debt is not Statute Barred. Technically they can start the Statute Barred process form the date you admit the debt, ie if it was 2 years ago, you might have another 4 years before it is clear.

If you have not admitted the debt, then you are OK, and they have no legal authority to chase you for any money. Further, any more phone calls to you can be classed as harassment. If they call you again, write to them with a FOI (freedom of information request) It will cost you £10.00. Make sure you post it recorded and signed for at the Post Office. By law they have to respond to your questions within 40 days.

This would be a Subject Access Request (SAR) under the DPA: http://ico.org.uk/for_the_public/personal_information not a FOI request.

1/Ask them on what basis are they demanding money from you as debts over 6 years old are Statute Barred. (do not admit you have a debt)

If the debt is Statute Barred, a SAR would be a waste of time and money. Usually you'd send a SAR to get statements and other documents. And if you haven't admitted you have a debt in 8 years, it doesn't matter whether you admit it now, its still barred.

2/ Ask them what they paid for the ALLEGED debt. (most collections agencies pay the banks/finance companies between 5% & 10% of the original cost of the debt.)

You'll never get this information, it's regarded as commercial information that doesn't concern you as it's a transaction between the debt purchaser and the seller and doesn't affect the amount outstanding.

3/ Tell them you have no reason to believe you owe them any money and that any further contact from them either in writing or verbally will be regarded as unlawful harassment. (do not say illegal)

If the debt is SBd, you just have to say so, and they shouldn't contact you again:

Dear Sirs

Statute Barred Account No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.
Yours faithfully,