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Statute Barred & Defaults Questions

Can anyone help me here... 2 Questions for two defaults... I was in the past a victim of ID Fraud. I have police reports and most banks gave me a letter and cleared the bad debt.

DEBT COLLECTORS DEFAULT:
Some cowboy debt collectors changed the fraud address to one of my genuine addresses that I did live at. I have been asking for proof for a long time and never got it. In August the debt is going to be Statute Barred. I have been arguing with the debt collectors for nearly a year. So because the fraud debt the debt collectors are chasing is going to be Statute Barred and the debt collectors haven't provided me with proof it belongs to me does that mean I can get the debt collectors to remove the default they placed on my credit file?

HSBC & MKDP DEFAULT:
Another problem I do have from the ID Fraud is another default. HSBC said the debt belonged to me because the signature matched my signature. I said well it is ID Fraud...lol... They first said the debt belongs to me even though I gave them police reports and letters from other banks confirming I was a victim of ID Fraud. HSBC then gave me a letter saying they agree the debt was due to fraudulent activity. They then sold the fraudulent debt to MKDP LLP and now I am being chased for this debt and HSBC are going back on the letter they sent me saying they made a mistake and changed the fraud debt as my debt. What can I do?

The debt collectors debt is 6 years in August 2012.
HSBC fraudulent debt is 6 years in May 2013.

And I understand Statute Barred is from the date the account was opened especially when the company has not proven the debt belongs to me. Any advice?

Comments

  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    Statute barred is 6 years from either the last payment or when you last admitted the debt in writing.
    :beer:
  • Thanks for the reply.. I always send everything recorded delivery. Had some good news today. MKDP who put the default on my credit file on behalf of HSBC have removed the default and apologised.

    The default with the debt collectors that becomes statute barred in August 2012 is going to be tricky. This account was opened and used while the fraudsters used it to gain loans and credit cards in my name so a few bills on this account were paid. I didnt know any better as didnt check my credit file. The last payment on the account was in 2008. But I have always said this account is not mine and never belonged to me. I have been asking the company for nearly a year for a copy of the signed agreement. But they say because a sim card was inserted in the phone then the debt belongs to me. But I said prove I signed for the phone or went into the shop and walked away with the phone. They have put the account on hold and I have sent everything to the ICO to see if they can get the information removed. The debt company started chasing me for 6 accounts and wiped off 5 of them but for some reason they are obsessed in getting this one from me..lol.
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