MKDP and M&S Credit card debt

[fredbestboy]

Hi

Sorry for length but could really use your guys expertise again:

In June 2013 I got a letter from M&S stating they had sold my debt MKDP. I then got various letters from them and their side kicks Raven, Compello and finally Keynes Collection. The letter from Keynes Collection was a Notice of Intended Legal Action and I decided I need to respond and sent the following letter on 28th March 2014:

Re: Your Reference No: XXXXX

Firstly, no debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by me.

Secondly, I would point out that under the Limitation Act 1980 Section 5 that the alleged debt is Statute Barred.

The OFT under the Debt Collection Guidance on statute barred debt state that ‘it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.’

Unless you can provide evidence of payment, written acknowledgment of any outstanding debt in the last 6 years and a copy of the signed credit agreement, I should be so grateful if no further contact is made.

Should you continue to harass me regarding this alleged debt without providing the documentation required then a complaint will be made to the Financial Services Ombudsman without further notice.

In addition, this letter will be brought to the attention of the court if any proceedings are issued in respect of the above.

Since then I have 3 letters with a Compello Reference from MKDP:

• First on 7th April 2014 stating - Unfortunately, at this time we are unable to resolve your query etc.....
• Second on 15th May 2014 stating - Further to our letter of acknowledgement sent to you in regard to the above account, we write to advice on the progress of your query. At this time, we apologise, as we are still unable to resolve your query etc......
• Third on 17th June - which is a duplicate of the one sent on 15th May 2014

Today I received a letter and a copy of a M&S Account - stating:

I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your account. Please accept this letter as a Final Response to your concerns.

I understand you believe the above debt is Statute Barred, as the debt has not been acknowledged in the last six years.

Following a review of the account, I can verify that a payment was made to the account on 27th March 2010. I enclose a statement of account for your reference.

You are therefore liable for the outstanding balance stated as above as the debt was acknowledged within the last six years and we will resume our attempts to contact you to discuss a suitable repayment method regarding this account.

Due to the information stated above, I regret to advise that I am unable to uphold your complaint.

It then goes on to ask me to contact them to come to an arrangement etc, etc

Please note I originally defaulted on the debt in 2007 and did make payments from June 2008 through to March 2010. However during this time, I had cancer, separated from my husband, had clinical depression and was a little hard up! So this is why I stopped the payments but which also means the debit is not Statute Barred.

However my letter of 28th March to Keynes does ask for:

"evidence of payment, written acknowledgment of any outstanding debt in the last 6 years,
a copy of the signed credit agreement, I should be so grateful if no further contact is made."

and

"Should you continue to harass me regarding this alleged debt without providing the documentation required then a complaint will be made to the Financial Services Ombudsman without further notice.

Thus they clearly sent me a statement of the account but have not sent me any written acknowledgement - from me accepting the debt as mine, nor have they sent a copy of the signed credit agreement. Further they have ignored my requests for no further contact be made and have continued to send me letters.

Help - I am freeking out and need to know where does this leave me? Would it be best for me to negotiate a repayment plan or does the fact that they keep contacting me and have not provided me with the signed credit agreement help me and if so how should I respond now?

I really don't want to pay these muppets back as I had already paid off quiet a chunk of the original debt and it is clear they will have paid peanuts for the debt and then expect me to pay them the whole amount.

Thanks in advance for any advice you may have!

[FlamingParrot]

Re: MKDP and M&S Credit card debt

Hi and welcome to LB

As you paid as late as 2010, sadly this wouldn't be statute barred.

Before going any further, was this originally an M&S storecard later turned credit card? If so, you may want to look at this thread: http://www.legalbeagles.info/forums/...card-what-next

...and this case: http://www.legalbeagles.info/forums/...-v-Mayhew-2012

I won't bombard you with any more details till we've found out whether this was one of them 'transformed' cards or not. :thumb:

[fredbestboy]

Re: MKDP and M&S Credit card debt

Thanks for the response. No it was not a store card it was a credit card at all times.

[FlamingParrot]

Re: MKDP and M&S Credit card debt

I understand you believe the above debt is Statute Barred, as the debt has not been acknowledged in the last six years.

Following a review of the account, I can verify that a payment was made to the account on 27th March 2010. I enclose a statement of accountfor your reference.

You are therefore liable for the outstanding balance stated as above as the debt was acknowledged within the last six years and we will resume our attempts to contact you to discuss a suitable repayment method regarding this account.

Due to the information stated above, I regret to advise that I am unable to uphold your complaint.

It then goes on to ask me to contact them to come to an arrangement etc, etc

Please note I originally defaulted on the debt in 2007 and did make payments from June 2008 through to March 2010. However during this time, I had cancer, separated from my husband, had clinical depression and was a little hard up! So this is why I stopped the payments but which also means the debit is not Statute Barred.

Thus they clearly sent me a statement of the account but have not sent me any written acknowledgement - from me accepting the debt as mine, nor have they sent a copy of the signed credit agreement. Further they have ignored my requests for no further contact be made and have continued to send me letters.

They don't need written acknowledgment if you were making payments in 2010.

Help - I am freeking out and need to know where does this leave me? Would it be best for me to negotiate a repayment plan or does the fact that they keep contacting me and have not provided me with the signed credit agreement help me and if so how should I respond now?

If you haven't paid since 2010, you're more than half way through to SBd so it wouldn't be wise to make a repayment offer at this stage as that would reset the clock. :scared: :clock:

You may want to look at this thread for a possible response, which you'd need to edit to suit your circumstances: http://www.legalbeagles.info/forums/...861#post446861 :thumb:

[fredbestboy]

Re: MKDP and M&S Credit card debt

Thanks Flaiming Parrott - I think I know how to proceed now. I do have another couple of questions but will construct a letter tomorrow and post on here for people's review before I send. I think the most important fact is that they have failed to provide me with a signed copy of the original credit card agreement and will base my response round this.