help. debt. not mine. threats from westcott

crowmans4

can anyone advise i will try keep as short as possible.
i am being harrassed daily by westcott for a credit card for 8k. i did have this card a mint card started in 2002. at worse i belive there was maybe 5k at most on it say in 2008 i believe. in 2009 my then wife got us into serious debt around 50k for the 2nd time. hidden debt some in my name i knew nothing about. this mint card was to be part of an IVA she arranged. i merly signed it as the rest was against her name. the deal was 50k written off if iva paid at £200 per mth over 60 mths. i think this was sometime 2009. in 2010 she left me and took away my kids. she was able to legally prevent me from contacting her or going to our family home. i paid for the home as it was my kids. they left it somwetime in 2011 and i am still trying to sell it and its now on at 159k with 150k owed and in 4th month of arrears. another story.
back to the mint card. while up at the home recently to remove old post as i got a rental when we spilt i found a letter from harrington brookes to confirm the iva wasnt being paid. there was also a court order type sheet attached dated 2010 with both our names on it. the iva has been terminated as of sep 2012. i done an experian check in my name and found 2 cards on it. mint for 8k whicj i assume is my old card but was shocked at the amount and an mbna card i know nothing about from 2008 and bought by polonius in 2010 ? i have written to mint to explain i dont know about this and havent had a mint card or used one since 2008. ive had no card and last time i did was so long ago there was no chip and pin it was signature only. i asked for proof of where and what was spent and if any amounts were being paid back who was paying it as it wasnt for my account. last statements etc i ever got was around 2008 before i thought the iva she sorted took care of it. mint never responded. in december 2012 3 months after harrington brookes terminated the iva i got an email from mint recoveries team to contact them urgently. i didnt as basically its not my bill i feel and they didnt produce copies receipts signatures or were they sending her credit card cheques etc as i know they sent me them in 2008. recently now ive been harrassed by a firm called westcott. i assume they got my address from experian. they have now sent a red letter saying ive ten days to pay this 8k from my mint card or they will take further action. i dont know what to do.
as for the polonius thing from 2010 relating to an mbna account from 2008 ive no idea even about it. never ever had an account from them tho its in my name only?

no point talking to my now ex wife as she lied back then so will hardly own up and shes since quit work to live on benefits leaving me with the house problem and now these debts. ive had to take her to court just to try gain custody of my two kids. slowly i am trying to get on with my life including seeing mu kids once a week and hopefully it will increase now 3 years later.
this debt tho and this harrasment over them is seriously holding me back.
can anyone help and sorry i know i said id try keep it short
thanks

~Beanie~

The balance on the mint card is probably all down to interest and charges. Unfortunately if the card is in your name, it IS your bill.

Is it possible your wife fraudulently opened an MBNA account in your name?

crowmans4

possibly yes. she could have same goes for the mint card. she could have been using this or writing credit card cheques.
what will happen. mint wont respond or help as they seem to have sold it now to this westcott place.
ive got onto citizens advice who say try sort a payment plan. im thinking why should i its not my debt tho as you say is in my name. if ive was started back in 2009 im thinking this debt is 4 years old maybe 5. does this come into it as i was told after 5 years its cleared. and i as am in norther ireland westcott can not send baliffs etc to you or pursue it through a court ????????

do i ignore

the fact the house is probably going to be repocessed now also means ive nothing they can take. will i be declared bankrupt once house falls through and will that clear these cards.

i really dont know what to do or were to turn

~Beanie~

Debts are statute barred after 6 years in England, not sure about NI.

I'm no expert but would declaring yourself bankrupt be an option? That would get rid of all the credit cards and I think you can include the shortfall in the house sale as well.

Hopefully someone more knowledgeable will be along soon. Good luck.

crowmans4

yes im told the same here in northern ireland . does this mean i should just ignore these debt companies. the debt would be pre 2009 i would say as this is when the joint iva was set up. so will it all go away soon.
im going to wait to see what happens with house and court proceeding as bankruptcy may be only option.
if only i could stop westcott etc harrasing me. as said ive writeen to card companies they arnt intrested in providing proof. i guess coz someones bought there debt now i.e westcott.
ive 3 companies in total now chasing me. one to my house im moving out of in july and the other 2 to my parents home who are elderly and unwell.

happy_bunny_2

You should not pay until you get a statement of account.reasonable request that should be met.

Send them a CCA request, it costs you a quid and should also get a statement of account.

There is a good chance on a debt that old that they won't have it or it won't be good enough to get a CCJ if defended. If they don't have it they can't get a CCJ and you are in the driving seat but they will still hound and lie to you.

These are the rules DCAs are supposed to abide by:
http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

If they break them, complain to them in writing and report to OFT. You can refer to FOS if they don't respond or fob you off. I would start itch a complaint to Westcott about lack of statement just to annoy them and maybe even get one

crowmans4

sorry for the ignorance but wots a CCA request.
got home last night to a solicitors letter with 10 days to replt tho its westcotts po box on it and contact details.
it this another bully ploy by them ?
feel like returning the letter NOT AT THIS ADDRESS as im due to move in 8 weeks anyhows

or should i send some sort of letter for proof as ive saw similar on here.

tried to talk to ex wife last night as she dont care. asked her for original iva papers etc she dont have any. its clear shes ran up this debt in my name.......

NELSON GUEST SOLICITORS the letter head stated.......are they part of westcott....
can anyone please help me... im so depressed with this it wont go away

crowmans4

westcott bullying me for 16k over 2 cards i dont know about. yes ones mine from long time ago buti didnt renew it or even have a card or pin as was that long ago.
2008 or 2009
mint 8k
mbna 7k

they bullying me now for both with a solicitors letter

what do i do.

fermi

crowmans4 wrote: »

sorry for the ignorance but wots a CCA request.

Getting information about your credit agreement

fermi

crowmans4 wrote: »

westcott bullying me for 16k over 2 cards i dont know about. yes ones mine from long time ago buti didnt renew it or even have a card or pin as was that long ago.
2008 or 2009
mint 8k
mbna 7k

they bullying me now for both with a solicitors letter

what do i do.

For the one you know is yours, use the link in my post above.

For the one you don't think is yours, use the link below instead.

Letter when you know nothing about about the debt - AKA "Prove it" letter

crowmans4

sorry when i say not mine. mint was my account opened from 2002. i really dont hink i used it past 2007/08. and there was maybe a small amoun ton it that i thought she put onto the IVA shes now stopped paying. im told as part of iva therefore the 6 year rule wont apply for statue barred. im screwed. surely mint should be able to provide me with signatures receipts wotever. theyve ignored my request now westcott are dealing with it wot do i do