We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Eversheds. Is this information correct?

Hello all,

i am just clearing my CR files and sorting MAX recovery who purchased an account from MBNA 2yrs after my BRO.

Eversheds told me that they have 6yrs to chase up any debts or money I may have or come into during that time.

I said, I am not sure thats right I was BRO in 12/2009 AD in 12/2010 and thats it you can have no more money and you bought a debt incorrectly. they were not too impressed.

Who is right?

Thanks
I love green dots :T I hate red dots :mad:
«1

Comments

  • forgotmyname
    forgotmyname Posts: 33,075 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It happens, Debts get sold on and it goes down the line.

    Some will claim your debt was not covered by bankruptcy. Mostly they are full of crap though.
    Just give them details of your bankruptcy and ignore them.
    Censorship Reigns Supreme in Troll City...

  • I have emailed them and asked them to remove my default as it should not of been bought by them, also informed my OR
    I love green dots :T I hate red dots :mad:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The is nothing wrong with buying a debt covered by your BR. It's just that they cannot pursue you for it.

    They can record a default in your name as long as it is accurate.

    The business model of Max recovery and similar firms is that they buy up debts from IVAs and BR etc for a few p in the £, in the hope that eventually the estate/OR will pay out a little as is sometimes the case. On average they get a return, even if most debts don't pay out.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    The is nothing wrong with buying a debt covered by your BR. It's just that they cannot pursue you for it.

    They can record a default in your name as long as it is accurate.

    The business model of Max recovery and similar firms is that they buy up debts from IVAs and BR etc for a few p in the £, in the hope that eventually the estate/OR will pay out a little as is sometimes the case. On average they get a return, even if most debts don't pay out.

    mmmm so they can buy the debt off of an old creditor who had the debt written off in the BRO and then mark a default on my file? Surely the debt cannot appear twice nor can it be older than the BRO.

    Am i right to think this?
    I love green dots :T I hate red dots :mad:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    They can duplicate the default record as long as the original is marked that the debt has been sold. Marking it that way means that only you see the original as it's your report. If the original is not marked as sold then that is wrong.

    Default date should also be not later than your bankruptcy date. Again, if wrong you need to complain and take them to the FOS and ICO.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    They can duplicate the default record as long as the original is marked that the debt has been sold. Marking it that way means that only you see the original as it's your report. If the original is not marked as sold then that is wrong.

    Default date should also be not later than your bankruptcy date. Again, if wrong you need to complain and take them to the FOS and ICO.

    Thanks for that, I hope no other body (LENDER) can see this then on the report. It is showing the wrong date, they show the date they bought the debt from MBNA it is showing as satisfied and it will drop off 31/10/2014 6yrs from default

    Name:
    Address:

    Date of Birth:
    Account Type: Credit card / Store card
    Started: 13/12/2000
    Current Balance: Satisfied
    Default Date: 31/10/2008
    Default Balance: £9,279
    Partial Settlement:
    Start Date: 01/12/2011
    I love green dots :T I hate red dots :mad:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Can you post both entries and label which is which please.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • okay .... hold on i will do that
    I love green dots :T I hate red dots :mad:
  • BRO 22/12/09
    AD 22/12/10

    MBNA

    Name:
    Address:

    Date of Birth:
    Account Type: Credit card / Store card
    Started: 13/12/2000
    Current Balance: Satisfied
    Default Date: 31/10/2008
    Default Balance: £9,278
    Debt Assigned to CAIS Member:
    Start Date: 01/06/2011

    MAX RECOVERY

    Name: XXXXX
    Address: XXXXX

    Date of Birth: XXXX
    Account Type: Credit card / Store card
    Started: 13/12/2000
    Current Balance: Satisfied
    Default Date: 31/10/2008
    Default Balance: £9,279
    Partial Settlement:
    Start Date: 01/12/2011
    I love green dots :T I hate red dots :mad:
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    OK. The debt assigned to CAIS member means only you see that first old MBNA entry.

    Default date has not changed on the Max Recovery entry, co it will all still fall off when it should.

    In any practical way that impacts your credit file, that looks to all be OK.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.4K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.