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old debts.

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  • old debts.

    Hello all.

    Years ago I got into a bit of financial trouble resulting in me defaulting on a bank loan and credit card both amounting to roughly 8000 with a bank. This was in 2007.
    I have sinced sorted my life out and moved on from them times and I also have credit now but just lately I am being pursued by a debt collection company called MKDP LLP for these debts. I know this because the address they are trying to match me with is the one the debts are addressed too.
    I understand these debts will now be statute barred so I was just hoping somebody on here could advise me what to do next and if anyone else here has had any dealings with this company before.

    I would very much appreciate any advice or help anyone has to offer on this matter.
    Tags: None

  • #2
    Re: old debts.

    Hi welcome to LB.

    MKDP are well known for chasing old debts.
    Ok statute barred in England & Wales = 6 clear years with no payments (to anyone ) and no unequivocal written acknowledgment of the debt. ( any court claim stops the clock).##

    What type of accounts are these?
    Do they appear on credit reference files?
    If you haven't checked the CRA files try Noddle it's free online.
    Send a CCA request to MKDP ( one for each account) to see what
    documents it may hold.
    There is a £1.00 statutory fee to pay for each account ( use a cheque or postal order with the total fees due. Endorse cheque / PO
    " for statutory fee only" to prevent MKDP using it as a payment to the account..

    If you are absolutely sure that the debts are statute barred after making the checks.

    You could send the following:

    MKDP ref:.....................

    Sir/Madam,

    I refer to correspondence from MKDP dated ...............: in which it is alleged that I owe a debt for £...... arising from an account with ............:

    Please note I do not acknowledge any debt to MKDP or any company it may claim to represent.
    Thank you for prompting me to check my credit history and having done so I am now aware that
    any such alleged debt is statute barred therefore I will not make any payment now or in the future.

    MKDP is reminded that the onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely upon MKDP.
    MKDP will confirm in writing that it has closed the file on this matter (s) and has ceased to process all data relating to me and will remove it from all records.

    If you send this do so by signed for post, check delivery.

    nem

    Comment


    • #3
      Re: old debts.

      Hi there. They are not on any of my three credit reports. I have done a recent check and I have no ccj's or defaults whatsoever. I actually have a good credit rating as I have a car and credit cards now in my name.
      My last payment and acknowledgement was in 2007 so I'm sure they will be statute barred.
      Thankyou for the templates.

      Comment


      • #4
        Re: old debts.

        Originally posted by chicko View Post
        Hi there. They are not on any of my three credit reports. I have done a recent check and I have no ccj's or defaults whatsoever. I actually have a good credit rating as I have a car and credit cards now in my name.
        My last payment and acknowledgement was in 2007 so I'm sure they will be statute barred.
        Thankyou for the templates.
        Hello Chiko,
        Sounds spot on for SB.
        Send the letter by signed for post:
        Address it to Ms Sara Lambert.
        CEO the Compello Group.
        Same address as MKDP.

        nem

        Comment


        • #5
          Re: old debts.

          I nem. Just one more thing, who do I make the postal order out to so they don't twist and use it as payment towards the debt?

          Comment


          • #6
            Re: old debts.

            Originally posted by chicko View Post
            I nem. Just one more thing, who do I make the postal order out to so they don't twist and use it as payment towards the debt?
            To MKDP, (See post#2) Endorse cheque " For Statutory Fee Only" and keep a copy of it., that'll stop em messing around.

            nem

            Comment


            • #7
              Re: old debts.

              Thankyou very much for your time and advice.
              I will let you know how i get on.
              Much appreciated my friend

              Comment


              • #8
                Re: old debts.

                Originally posted by chicko View Post
                Thankyou very much for your time and advice.
                I will let you know how i get on.
                Much appreciated my friend
                Happy to Help!!

                nem

                Comment


                • #9
                  Re: old debts.

                  Hi again.

                  I received a letter from MKRR today which I know is part of the same company stating that they bought the debt from HSBC in 2011.

                  In the envelope was another letter from HSBC addressed to me stating that they had sold the debt to MKRR.
                  Both letters had the account and sort code on it but I was left thinking why did they come in the same envelope.

                  It looks like now is the time to send the SB letter.

                  Can MKRR place a default on my credit reference for such an old debt even if they bought it in 2011?

                  Comment


                  • #10
                    Re: old debts.

                    Good morning Chiko,
                    Has there been any other contact bar the Notices of Assignment?

                    No DCA or debt purchaser can " default" the account, One Debt One Default, placed by the
                    original creditor the default date Must remain as the original.
                    NOA's can be sent by the original creditor and/or the debt purchaser.
                    MKRR/MKDP has been known to assert that it can apply a default from the date it
                    acquired debt, simply something they cannot do and is easily challenged should it happen.

                    Keep an eye on credit files just in case!!

                    If you are certain the debt is SB then the SB letter is the next move.

                    I suggest:


                    Ref: use theirs:

                    Dear Curr or Madman,

                    I am in receipt of correspondence from MKRR dated xx. xx, xxxx, concerning the purchase of a debt for £...........: allegedly arising from an account with HSBC.

                    Please take note I do not acknowledge any debt to MKRR or any company within the Compello Group.

                    I have researched my credit history and have concluded that any such alleged debt is statute barred under the provisions of section 5 of the Limitations Act 1980, therefore I will not now or in the future make any payment or offer of payment.

                    MKRR is reminded that the onus of unequivocal proof that the alleged debt is not statute barred falls entirely upon MKRR.

                    MRR will now cease to process all data relating to me and will remove it from its records.

                    send by signed for post.

                    Comment


                    • #11
                      Re: old debts.

                      I'm pretty sure it's SB as like I said before there is no sign on my cr and no acknowledgment was made since 2006/7 at the latest.

                      There has been no other contact just the first letter and now these two that came together. I have made no contact with anyone.

                      Thanks again nem. once again your advice has been golden.

                      I appreciate your time.

                      Comment


                      • #12
                        Re: old debts.

                        Happy to help!!
                        I've reread the thread, and think the SB letter is the next step, it does Not acknowledge liability for the alleged debt so can do no harm.

                        nem

                        Comment


                        • #13
                          Re: old debts.

                          Hi nem.

                          sorry for late reply I have been so busy

                          I am going to send the SB letter you have suggested in your post from the 15th. i'm printing it out as we speak and I will send it recorded delivery

                          I will be sure to let you know how I get on either way.

                          Once again thank you for your time and advice.

                          Speak soon

                          chicko

                          Comment


                          • #14
                            Re: old debts.

                            Always happy to help Chiko!!

                            Please let us know what happens.

                            nem

                            Comment

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