Help needed re statute barred and MKDP

Magpie26

This is long, involved and currently painful. In Jan 2009 I missed an HSBC managed loan payment. Rang to apologise, was told the loan (huge, £20,000+) had been closed and gone to Metropolitan. I was horrified, sent SAR to HSBC and credit agreement request to HSBC (all signed for with postoffice, copies of the proof of receipt kept). Metropolitan never responded. HSBC sent all my docs, my last contact with them was a letter on 16 April from me to say would pick up my docs from local branch. Then on 17 Feb I get a tracing letter from "Willen" giving a Compello reference but not saying what owed or to whom. Ignored. Then on 12 March a letter from MKDP enclosing a letter from HSBC (also dated 12 March) turns up, advising HSBC sold debt to MKDP LLP on 8 Dec 2011. I have not replied, but gone to CAB. And then today a letter from MK Rapid Recoveries wanting to speak to me, offering to set up instalments and telling me they will continue to contact me via letter and phone until agreement reached. Funny thing is all these companies apparently work from the same address.


My question: how does statute barred work? Is it no contact from me to the company in 6 years, or is it contact from them? Would my debt be def statute barred on 16 April or from the 21 Jan date when I SAR'd etc HSBC and Metropolitan? Or at all? There has been no legal action taken. CAB seem not to have considered whether barred, just talking about getting budget sheets done for making silly £1 a month offer or bankruptcy.


TBH, as a single mum of 2 five yr olds I am in no position to pay them anything, and can't even raise the £700 odd to go bankrupt. To complicate, recently been proposed to, but CANNOT involve him in this mess - that would be unfair. He knows about it, but cannot be involved/have his credit mucked up.


Any advise re how barring works, and whether I just ignore them until after 16 April or whether I go with CAB's advise would be appreciated. Am very worried and confused...

sourcrates

Hi,
Requesting a copy of your credit agreement would count as acknowledgement, even though they didn't respond to your request, you should of chased that up by the way.
The statute barred clock runs from the "cause of action" not a default date, this would normally be at the point in your contract, where it says the creditor can take legal action, usually after 2 or 3 missed payments.
It's written contact, or a payment from you that counts, not contact from them.

You need to be sure of your dates to confirm weather it's SB or not.

Debts do not transfer between people either, no one else can be held liable for your debts.