MKDP help needed please

[FlamingParrot]

Re: MKDP help needed please

I had a hsbc bank account for years and got a unsurced loan off of them and couldn't pay it back as I fell out of work. so the dept is for the loan, (loan got me in this place)
i stopped using the account fat falling out of work.
on the latter this is where it gets a bit confusing again as it says the dept is for my
"hsbc current account" but 100% it was for a loan.
confusing is not the word lol

OK, don't worry about it. Given the dates you mention above, this debt is statute barred. :grin: :grin: Even if last paid December 2008, it would be SBd by now. :clap2: You may still want to take a look at your credit file just to make sure it's not showing on there any more, debt purchasers have a nasty habit of changing the default date to the date when they were assigned the account. If that was the case, you should get the record amended.

I'd say since this is SBd, you should send MKDP a letter to that effect rather than a CCA request. Once you do that, the onus will be on THEM to show it isn't SBd. I can't see on your profile where you are based, assuming you are in England and Wales, this is the letter to send. There's no fee for this letter as you are not requesting anything but it's still a good idea to send it recorded delivery. MKDP have been issuing court claims lately so it's best to nip this one right in the bud!:thumb:

Unlike the CCA request, this one is applicable to ANY account, regardless of whether it was a loan, overdraft, mobile contract, etc.

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.
Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[White]

Re: MKDP help needed please

Thanks for taking the time to reply it's really appreciated,
im going to try and source a credit report in the morning and take a good look through it.
is there anyway to find out for 100 percent sure when I made my last payment to the loan! Just in case as I want to cover all the angles

[FlamingParrot]

Re: MKDP help needed please

Thanks for taking the time to reply it's really appreciated,
im going to try and source a credit report in the morning and take a good look through it.
is there anyway to find out for 100 percent sure when I made my last payment to the loan! Just in case as I want to cover all the angles

Only from your statements, your credit report will never be 100% accurate.

You could send a SAR (to HSBC, not MKDP as they wouldn't have them) to try and obtain statements, however, most banks will only supply data for the past 6 years so you may not get much. It will cost you £10 + postage.

For now it's worth just telling MKDP it's SBd and see what they respond with. They won't have acquired any historical account data with the account so they'll have to do the same as yourself and go back to HSBC for it.

[nemesis45]

Re: MKDP help needed please

Thanks for taking the time to reply it's really appreciated,
im going to try and source a credit report in the morning and take a good look through it.
is there anyway to find out for 100 percent sure when I made my last payment to the loan! Just in case as I want to cover all the angles

Experian & Equifax have 30 day free trials (just remember to cancel by phone before 30 days expires other wise you will signed into a subscription.)

nem

[White]

Re: MKDP help needed please

If I tell MKDP its Sbd and for some horrible reason I've messed up with the dates and it isn't would that not drop me right in it with MKDP ? ( should I just steer clear of any contact with them for the time being and see how it pans out.
sorry for all the questions I just want to be sure before Opening a can of worms

[MIKE770]

Re: MKDP help needed please

they may go ahead and issue N1 it has been reported so follow advice above

[FlamingParrot]

Re: MKDP help needed please

If I tell MKDP its Sbd and for some horrible reason I've messed up with the dates and it isn't would that not drop me right in it with MKDP ? ( should I just steer clear of any contact with them for the time being and see how it pans out.
sorry for all the questions I just want to be sure before Opening a can of worms

As I posted above, mere 'contact' wouldn't reset the clock, however, if you ignore them, they may well go on to issue a claim. MKDP HAVE been busy issuing claims lately.

One thing to be borne in mind is that debt purchasers buy debts in job lots without any documentation. They won't know whether the account is unenforceable, disputed or statute barred in most cases, that's why they pay just about 10p in the pound, often less, they are taking pot luck with the accounts.

There is no such thing as an official record of statute barred accounts, this means they can still issue a claim and you will have to defend it, for that reason it makes more sense to tell them that it's SBd BEFORE they do that, those guys handle 1000s of accounts and may well move on to the next one down the list after receiving your letter.

[White]

Re: MKDP help needed please

Hi guys just a question, I've registered with exprian and waiting for my code to come via the post so I can log in, shall I wait before I send off the SBD letter to mk?
as exprian said it can take upto five days for the password to be delivered?
or should I just get the wheels moving without checking my credit,
sorry for all the questions.
got one other also which is worrying me slightly is will they just turn up on my doorstep trying to take stuff( not that I'm rich lol ) but my mrs's is having kittens over this as they do or should I say would if something like this would turn up and show its ugly head

[nemesis45]

Re: MKDP help needed please

Before anyone can " come and take goods" or any other enforcement action there has to be a judgement which you do not comply with.
Check Noddle Call Credits free credit reference agency online for a quick idea of the status of the debt.

nem

[White]

Re: MKDP help needed please

Thanks , I registered with them and because I'm not on the electol register they couldn't entertain me so I went with exprian.
so will they send another letter to say it has gone as far as court proceedings or will it just go quiet.

[nemesis45]

Re: MKDP help needed please

Think carefully about the dates.
1. The last payment made, any payment to any party in 6 clear years?
2. The default date did you receive a default notice?
3. Have you ever in the last 6 clear years acknowledged the debt in writing to any party?
PS sending a properly worded SB letter does not acknowledge the debt, personally I would
do it pretty soon, just come back here for advice on the letter before sending.
This will also show what MKDP knows about the debt sharing info is not one of their strong points.

nem

[White]

Re: MKDP help needed please

Thanks again for the reply, I will sit down later tonight and type up a letter and see what you guys think. White

[FlamingParrot]

Re: MKDP help needed please

Hi guys just a question, I've registered with exprian and waiting for my code to come via the post so I can log in, shall I wait before I send off the SBD letter to mk?
as exprian said it can take upto five days for the password to be delivered?
or should I just get the wheels moving without checking my credit,
sorry for all the questions.
got one other also which is worrying me slightly is will they just turn up on my doorstep trying to take stuff( not that I'm rich lol ) but my mrs's is having kittens over this as they do or should I say would if something like this would turn up and show its ugly head

No, before they can send bailiffs round they would have to obtain a CCJ against you, that will involve issuing a claim which you will be able to defend and going through the court process. Even with a CCJ, bailiffs are very seldom used as a method of enforcing these types of debts, most bailiff cases you see relate to court fines, parking fines or council tax.

Purely for reference, as that's not going to happen here, even when bailiffs knock on someone's door, there is no obligation to let them in.

Some DCAs send doorstep collectors or field agents round, they are just ordinary collectors, they are NOT bailiffs. They don't send them very often but if they do, those guys have no powers whatsoever, they can't take anything and you can just refuse to talk to them or tell them to go away. :thumb:

[FlamingParrot]

Re: MKDP help needed please

Think carefully about the dates.
1. The last payment made, any payment to any party in 6 clear years?
2. The default date did you receive a default notice?
3. Have you ever in the last 6 clear years acknowledged the debt in writing to any party?
PS sending a properly worded SB letter does not acknowledge the debt, personally I would
do it pretty soon, just come back here for advice on the letter before sending.
This will also show what MKDP knows about the debt sharing info is not one of their strong points.

nem

Indeed, which is what I suggested doing a few days ago, in fact, I posted the generic SBd letter used by National Debtline, etc.

OK, don't worry about it. Given the dates you mention above, this debt is statute barred. :grin: :grin: Even if last paid December 2008, it would be SBd by now. :clap2: You may still want to take a look at your credit file just to make sure it's not showing on there any more, debt purchasers have a nasty habit of changing the default date to the date when they were assigned the account. If that was the case, you should get the record amended.

I'd say since this is SBd, you should send MKDP a letter to that effect rather than a CCA request. Once you do that, the onus will be on THEM to show it isn't SBd. I can't see on your profile where you are based, assuming you are in England and Wales, this is the letter to send. There's no fee for this letter as you are not requesting anything but it's still a good idea to send it recorded delivery. MKDP have been issuing court claims lately so it's best to nip this one right in the bud!:thumb:

Unlike the CCA request, this one is applicable to ANY account, regardless of whether it was a loan, overdraft, mobile contract, etc.

[White]

Re: MKDP help needed please

Thanks so much Parrot for taking the time to reply,
I'm going to use that form you posted should hopefully get it in the post tomorrow,

is there anything I should add to the form or just keep it as it is but add the address of the company to the letter head.

and should I put my name or just the acc number on it?
i know not to sign it at least lol