A Quick Question...

Dixie60

Hi all,

Only looking for a quick bit of advice.

Back in 2007 I took a Welcome Finance loan (stupid, I know) and was made redundant not long after, so was unable to pay them. Surprisingly I have not heard anything from them although it was obviously recorded on my credit profile. I have learned much since then and my credit is now really strong and I have no problems obtaining credit.

However in October I received a letter from a debt collector (MKDP Ltd) stating that I owed something ridiculous like £2000. I have asked them to prove that the debt is mine by providing me with the original documents from Welcome. This was back in October and they have not been able to obtain the documents to prove the debt was mine. How long will MKDP be able to query this as surely there is a time limit to how long they can have to request this info before I can have it completely wiped off my file??

Thank you everyone.

matttye

Did you deny that the debt is yours or did you just ask them to prove it?

If you denied that the debt is yours then they perhaps should remove it if they're unable to prove it's yours, but you're getting into dodgy territory there by lying.

If you simply asked them to prove the debt, but didn't actually deny that it's yours, then they won't remove it. If they can't prove it's yours they will be unable to enforce the debt but it doesn't stop them from reporting to CRA's.

National_Debtline

Hello there,

Have you checked to see if the debt is still on your file? If you defaulted in 2007 it should have fallen off by now. The fact that you're not finding it difficult to obtain credit indicates that it should have fallen off by now.

If there is an outstanding debt it could well be 'statute barred'. The general rule is that creditors have six years in which to bring action to recover the debt - otherwise they run out of time. If a debt is statute barred, once you inform them of this they are supposed to leave you alone. This is just a very brief outline, you can read more about time limits and debts within the following fact sheet:

https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx

Best wishes,

David @ NDL.

~Beanie~

How long after taking it out did you stop paying? A debt becomes statute barred if you haven't made a payment or acknowledged the debt in 6 years (5 in Scotland).

Dixie60

Thanks for the replies guys+

I never denied the debt was mine, just asked them to prove I owe it to them by getting them to provide me with proof..

Also the debt was sold to mkdp in 2010 so on my credit report says it is not due to come off till January 2016. Are the debt collection agency allowed to register the debt as it shows as settled from welcome, which must be as they sold the debt.

Thanks again!

matttye

Dixie60 wrote: »

Thanks for the replies guys+

I never denied the debt was mine, just asked them to prove I owe it to them by getting them to provide me with proof..

Also the debt was sold to mkdp in 2010 so on my credit report says it is not due to come off till January 2016. Are the debt collection agency allowed to register the debt as it shows as settled from welcome, which must be as they sold the debt.

Thanks again!

MKDP can't re-date the default, so whatever the default date is that WF registered, is the default date that should carry over to the account put on there by MKDP.

Dixie60

I have rechecked my file and the welcome finance loam does not show at all now, just this MKDP. Surely this cannot be right?

matttye

Dixie60 wrote: »

I have rechecked my file and the welcome finance loam does not show at all now, just this MKDP. Surely this cannot be right?

That's fine. Experian I believe shows both, but the other two will only show the DCA and not Welcome Finance.

The fact remains however that if they have re-dated the default, this is not allowed and they must change it back.

The default should be dated roughly 3-6 months after you stopped paying.

Weswes1983

Hi could some one help me with a question about my rights regarding my right to revoke the right to visit unannounced I sent a email to them telling them I revoke there right to just turn up I have told them I will only respond in writing I know I have to my off my debts I lost my job 2 years ago not my fault have just got a part time job not making millions then today just got this email are they right

Dear,

Thank you for your recent letter, regarding your account with us.

I understand you have decided to revoke your doorstep licence

In relation to your notification of your revocation of the doorstep licence regarding our intention to send an agent to your home to discuss the debt. I can confirm that we are fully aware of this and we ensure that we fully comply with the Financial Conduct Authority (FCA) guidance regarding debt collection and visits by agents. You are not correct in your assertion that, under FCA rules, we can only call at your home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit.

In law, a creditor is in a different position to a postman or a member of the public asking directions. When you took this loan, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid.

Please contact us on 0800 9961103 and quote reference M to arrange a repayment plan for the outstanding balance, or to discuss a settlement. Our collections department is available between 8am and 8pm Monday to Thursday, 8am to 6pm Friday and 9am to 2pm Saturday.

We look forward to hearing from you.

In there words they say they can contact me which I said as long as it's in writing I will reply

Relly need help please

National_Debtline

Hello there,

It is clear within the rules that they are quoting from that it is an unfair practice for them to ignore or disregard your reasonable requests in respect of when, where and how to contact them. Although the majority of the rules around visits are in relation to debt which is disputed or deadlocked, they should not visit you at your home if you do not want them to.

The guidance also makes clear that it would be unfair where a creditor does not leave your property when it becomes apparent that you are unduly distressed or otherwise is, or appears as if you may be, particularly vulnerable.

In addition, it is regarded as unfair where they do not leave a property when reasonably asked to do so.

Please do consider writing again stating that you will only communicate in writing and that if anyone was to visit you would tell them (reasonably) that they need to leave. Reinforce the fact that a visit would be a complete waste of their time. Request a copy of their formal complaints procedure.

We have a useful fact sheet covering creditor harassment, which you can find if you click here.

For the record, are we talking about Motormile?

Best wishes,

David @natdebtline

Weswes1983

Hi David yes it is Motormile I have no idea what the debit is they sent me another email yesterday telling me I have to pay£30 a month starting may I have emailed back and said I just can't afford to pay that I'm only working part time and am paying off other debits I have no idea what the debit is and any letteres/emails they send just say you owe £*** can I ask they send out letter stating who I owe and how much like I said I know I have to pay I have no problem with that but a year with out a job and being naive with payday loans if I hadn't lost job wouldn't be in this mess now recommend to friends and family leave them well alone