Am I liable for this debt?

wuno

methusala wrote: »

Hi Wuno
You could obtain a credit report from Experian or such. It will still show your file from your old card as they hold records on your file for 7 years. It will show you if and when the account was reported to them as " Settled " and that would confirm what month your card account was or was not fully closed.

Ok, so I took this advice and got my Experian credit report. It shows that my MBNA credit card account was settled in Feb 2004, a couple of months after I asked them to cancel it. So fair play, they did actually cancel it.

Then there is a separate entry on my file showing as "Arrow Global LLC - Credit Card". Now this is the company that say they purchased my "defaulted debt" from my MBNA credit card (default date was in mid 2006). But I only had one MBNA card, and that shows as being settled.

Also, by MBNA "settled" account shows as being in my married name and my current address (which I would have told them in the cancellation letter) but the "Arrow global" entry is in my maiden name and at my old address. So this can't relate to MBNA since they clearly knew my new name and address.

I had a letter threatening me with court action last week. I wrote back telling them I need to see proof of what the "debt" is before I can even contemplate paying. To be fair, they have put my account on hold whilst they contact MBNA for more details and have stopped phoning me every day to demand payment.

Any ideas what else I can do?

NickX

wuno wrote: »

I had a letter threatening me with court action last week. I wrote back telling them I need to see proof of what the "debt" is before I can even contemplate paying. To be fair, they have put my account on hold whilst they contact MBNA for more details and have stopped phoning me every day to demand payment.

The court action threat is exactly that - a threat. They have no rights unless they can provide a valid CCA (Consumer Credit Agreement).

You have done the correct thing asking for evidence of the debt and it is only fair that you understand how this debt has come about before you should be expected to pay it.

If they continue to phone regularly, you could report them for harassment. Have a look at this thread from someone else who has a debt that is not evidenced to them :

http://forums.moneysavingexpert.com/showthread.html?t=783409