Shop Direct Finance / MKRR / MKDP LLP

Johnpj

fermi wrote: »

Honestly, very very few do that.

Plus, if there was a CCJ in place then it's something that the DCA is likely to mention in there letter. I can't imagine them not using that as an extra way to pile the pressure on.

The OP can check for a CCJ, but odds are there isn't one.

True. My main hint was to check the registry trust and not provide all the details so that you credit files get linked, in case they were not.

You or even someone else, like your partner can search the registry trust, so not track back.

Johnpj

It should also be pointed out that sometimes the DCA will put a GAIN marker on your credit report (GONE AWAY INFORMATION NETWORK).

These are sometimes added to the reports of people with similar names, and although easy to remove in these circumstances, can lead to credit declines or credit card limits being reduced. So if you do get one of these speculative letters it is worth keeping an eye on your own credit report.

I know from personal experience!

fermi

It would normally be the original creditor who placed that, and it only stays for 6 years, the same as default records.

So even if there was a marker, it may well be gone by now.

Johnpj

fermi wrote: »

It would normally be the original creditor who placed that, and it only stays for 6 years, the same as default records.

So even if there was a marker, it may well be gone by now.

You would think so, but some DCA and the solicitors acting as DCA often do put their own GAIN markers on. Some even put a second default, as they have bought the debt 5 years 11 months latter and claim (grey area) that you have defaulted with them. It is all rubbish of course, but causes enough concern and worry that people pay them rather than fight it.

The reason I mention this, is that the posters here are naming a particular catalogue company, and the people that buy the debt from them, and then from them etc. This happened to me personally with this exact same chain, and although I put up a fight and won, it was not easy.

fermi

It's not a grey area. They shouldn't do that. Default or GAIN.

Johnpj

fermi wrote: »

It's not a grey area. They shouldn't do that. Default or GAIN.

It is ok you saying that, and I agree with you. BUT, and I talk from personal experience of the situation AND the same company names. THey did and further their names are plastered all over the internet for doing it. Getting it removed is not easy, they just refuse. You can then ask the information commissioner to adjudicate, which can take an absolute age. The way I sorted it was I made a complaint to the law society, which although resolved the situation did take time and took its toll on stress levels.

I am sure you know what DCA and solicitor DCA do and dont do is governed by law, but they use all kinds of tactics some grey, some downright illegal to frighten people.

At the end of the day you have two defaults and GAIN on your report, you want it removed, they DCA argues. THE credit agencies say without the permission of the company concerned they cannot remove the item. You put a notice of correction on, then everything goes manual and in the current climate no smoke without fire kicks in. So all the time its causing you grief and upset, and the DCA sits there smiling and hoping you might pay up.

Its the real world not the world we are supposed to live.

The worst culprits are a firm of solitors in Leeds - google!!

Dave_Sk

Thanks a million for all the help here.

It's starting to go over my head slightly now though.

I've spoken to my wife and we've looked at Shop Direct's companies and she has said that the only one she has ever had was Littlewoods and that was at least 10 years ago. She also says she *thinks* paid it off in full.

However... my wife isn't the best person when it comes to money and has been known to file things in the bin so I'm not as confident as she that she doesn't owe anything

We moved out of our old address a couple of years ago but the house was empty until Jan 2011 and we still picked up our mail. So we would have got any correspondence from anyone that arrived at old address until then. Not sure of our tenant would have passed anything on since then though.

The amount in question is around £150. We first had a letter about 3 weeks ago from Shop Direct saying that the above account had been transferred to MKDP LLP on 4th Oct. Then we had one yesterday from MKRR telling us to contact them and ignoring it will only make things worse.

My gut feeling is that there was a debt over six years ago. No idea if she paid it or not but to err on the side of caution I'm assuming she didn't. I'm thinking MKRR have bought it for fraction of the cost and are going for the low hanging fruit and contacting loads of similar people, knowing that a proportion of them will just pay up. I assume that if we fight it they will probably leave us alone and write it off.

I'm just worried that if we fight it, the amount may go up.

What should my next step be? I'm thinking of writing the prove it letter to at least see if the debt exists and getting our hands on the details. At the moment we can't be sure. If it was my debt I would know for sure but my wife isn't like me when it comes to money!

fermi

In that case I would be tempted to send this one.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

It doesn't admit anything. Quite the opposite in fact.

Dave_Sk

Thanks Fermi

That one mentions statue barred, they haven't mentioned any date of the debt. The only thing they mention is the amount.

By claiming it's statute barred, am I know admitting that we are aware of a debt (in that we are saying it's older than 6 years old)?

ie. couldn't they say, "If you were not aware of a debt, how did you know it was older than 6 years"

Sorry if I'm being pedantic and asking loads of questions. Just really want to get it right as I don't want to get them the slightest chance to win!

I was going to send the prove it letter first and then send the statue barred letter if they have proof but it's > 6 years

What do you think is best?

fermi

If you are happier doing it that way, then it does no harm.