Would we use the Statute Barred Letter? !UPDATED 31/12!

Britwife

My husband received a demand for payment months ago, maybe summertime for an account that he was unsure of. He requested the information proving it was his account. In the meantime, we have checked Experian and Equifax, it was on Experian at the beginning of Sept but when we checked at the end of Oct, it was gone. Equifax was just checked a week ago and nothing on there for it. He also found out during the phone call that payments were made after he moved to the states, they were made for just over a year. So my husband questioned it even more and they said they would get proof and put a hold on the account.

Fast forward to today and we received another letter from them with a copy of the application form, not really sure if it is my husbands because his signature is chicken scratch quality. It is for Abbey National MBNA Credit card, dated 16/12/01. My husband settled all accounts before moving to the states Feb 2003. No payments were made on any accounts because all were settled but one which has now been paid for. We're a bit confused as to how they received payments from my husband if he was not in the country. They have also included a copy of the application as stated above which include his details as well as data protection information and on the back it has a very small box that is titled Financial & Related Conditions....mostly covers interest rates and statement dates.

What would be recommended that we do on this account? (We actually have 2 of these that are very similar and the second one we haven't had any information on and it is set to fall off our credit report in April 2010.) They, MBNA, have sent proof as reqested, questionable but it is there. However, this account is no longer even on our credit report.

Thanks so much in advance for any help and sorry if this is repetitive.

UPDATE: Today, we recieved a reply to our statute barred letter sent as advised and have apologized for chasing us and that they have closed the account:T:T:beer::beer:

We are so happy! My husband's stomach dropped when he saw the envelope, I didn't, I was busy cleaning our new sofa from ebay and he came over and hugged me and kissed me, I had no clue as to why and then he showed me the letter. He said thank you so much babe and wouldn't let go. I told him it wasn't me, it was the members of MSE that assisted me and advised me on what to do and I would have never have known if it weren't for them.

Thank you!

fermi

Have they sent proof of any payments that they claim occurred within the last 6 years?

If not, or if the proof is dubious, then I would send the statute barred letter. That then puts the onus on them to prove any acknowledgement or payment within the 6 years.

fermi

Also, even if (unlikely) they can provide cast iron proof of the debt and that it is not statute barred, then it would be worth checking out whether any "agreement" is enforceable.

Unenforceability & Template Letters II

But if the debt is statute barred, then no need to bother with that. So make them prove that and the debts first.

Britwife

They haven't sent any proof of payments and we know for a fact that we didn't make any international payments when he left the UK in Feb 2003.
Thanks for the link, going to have a look.

Do you know if they can put it back on his credit report since it was on there and now that 6 years have gone by, it's gone.

fermi

Britwife wrote: »

They haven't sent any proof of payments and we know for a fact that we didn't make any international payments when he left the UK in Feb 2003.
Thanks for the link, going to have a look.

Do you know if they can put it back on his credit report since it was on there and now that 6 years have gone by, it's gone.

No, they can't put it back on his credit report.

Sent the statute bared letter first and see what the response is to that then.

Britwife

Thank you so much, will get that together and hope that ends it.

Britwife

Bumping due to update in original post!

fermi

Britwife wrote: »

UPDATE: Today, we recieved a reply to our statute barred letter sent as advised and have apologized for chasing us and that they have closed the account:T:T:beer::beer:

We are so happy! My husband's stomach dropped when he saw the envelope, I didn't, I was busy cleaning our new sofa from ebay and he came over and hugged me and kissed me, I had no clue as to why and then he showed me the letter. He said thank you so much babe and wouldn't let go. I told him it wasn't me, it was the members of MSE that assisted me and advised me on what to do and I would have never have known if it weren't for them.

Thank you!

So pleased you got it sorted.