SB query?

aymz1983

Good morning all

I received a telephone call from a DCA last week (MKDP) regarding an old welcome loan I had.

Now, I had thought this had been dealt with some time ago so I asked if she could be ever so helpful and send me some statements/original agreement from welcome. She could not - after going away for a few minutes she came back to tell me she could not provide any statements going back further than 3 months, and that welcome had not given them any paperwork. (Which I thought was a bit odd given they had been assigned the debt but perhaps it's not?)

Anyway. I telephoned welcome and they have sent me out a copy of the original agreement and statements from the opening of the account until the end (of them dealing with it presumably?)

Now, I'm not sure how to proceed with this and would like some advice.

The agreement was made out in my maiden name, but I signed with my married name - I assume this wouldn't matter, it's still me signing, but if someone could clarify this that would be appreciated.

Secondly, my last payment to welcome was 25/3/09 - assuming no further payments were made (I don't think they were) this would be statute barred now. However, on my credit file MKDP have the default date as 2/1/10. Welcome wrote the debt off (as indicated on the statement) on 5/3/10.

I have no other paperwork to indicate when the default notice was sent - I will see whether Welcome do hold a default notice, and will confirm whether it is true that MKDP have zero paperwork.

If no default notice can be produced, could I argue the case for SB and insist that the entry be removed from my credit report? Or even, as welcome have put on the statement that the debt is written off, should MKDP even be trying to collect this debt still?

If someone could come along with some advice on the best course of action to deal with this it would be most appreciated.

Thank you in advance

Amy

Tixy

Hi

The maiden/married signature will make no difference.

The default notice or default date is not relevant for when the debt would become statute barred.

If MKDP have only phoned you so far and have not written to you then I would do nothing at all for now.
If they write to you then at that stage I would send them back the statute barred letter template (if you think you have not written to welcome or any debt collector to acknowledge the debt since Mar 09).

I wouldn't bother requesting a default notice.

Regarding the default on your credit file - a default should usually be added no more than 6 months after you stopped paying, so arguable it is filed say 3 months late and you could possibly argue to have amended so that it comes off your credit file 3months earlier (whether it is worth doing this probably depends on what else is on your file).
I'd probably wait a couple of months before writing about the default date (if you don't hear from MKDP in writing at all).

aymz1983

Thank you Tixy. I have had a letter from then (since the call last week) so will send the statute barred letter and see how I go from there. Given that they claim to have no paperwork it should be the end of that, hopefully.

As for the default - potentially it was registered 10 months after last payment, so allowing for the six month window, I could argue for it to come off 4 months earlier, so beginning of September this year as opposed to beginning of Jan 16. Hardly seems worth it as there are other defaults later than this and as I don't wish to get any credit in the near future I should be ok to leave it then.

Thanks again

Tixy

With regards to it being SB

You will likely be really close on timescales. The 6 year period commences from when they could first have taken court action, which would usually be shortly after you missed the first payment, I guess this would have been due end April 2009.

You may want to consider waiting a couple of weeks before replying with the SB letter, or possibly spinning it out by first sending a prove it template letter?

aymz1983

Ok that's great, will give it a couple more weeks, thanks