Old Debt, Robinson Way & Mortgages!

claire6069

Hi All

To cut a long story short, i took out car finance with Welcome Finance back in 07/08. Failed on payments for various reasons, car was sold and debt left unpaid.
In 2011, a company (can't remember their name) caught up with me and agreed to halve the debt (on the basis my ex partner would pick up the other half). I made one £56 payment against the debt which started the whole 5 year ball rolling again.
Last September, i got a letter from MKDP demanding the £12k. I tried my luck and sent the statute barred letter but it didnt work; they knew about this payment. I wrote back and apologised for 'forgetting' this payment and said i was more than willing to come to an agreement with them provided they could provide me with the NOA.
They replied with this supposed NOA which was nothing more than a piece of paper spewed out of Word that i could have concocted myself. I wrote back and told them this along with my own example identical to theirs and said this 'proof of NOA' was insufficient. I told them they were seen as a third party interlopers and would be treated as such until they provided me with the NOA. I also told them i was aware that if they took me to court, they would be required to provide the NOA and would only gain back the cost of what they paid for the debt which i know was significantly less than the £12k they were chasing me for.
I had no more contact from them (last contact being March this year).
2 weeks ago i get a letter from Robinson Way stating the debt was now theirs, the NOA was enclosed and could i please contact them. I had barely had time to think about it before i received another letter offering me payment plans for just £17 a month!!

My question is this - do i continue fighting or just give in and pay £10 a month? I'm looking at applying for a mortgage next year and with this being such an old, large debt, i'm concerned what it may do?

Thanks in advance for any advice!

sourcrates

Hi,
If they have now produced a notice of assignment, then they can continue recovery action, which could include going to court, and making a claim for the full 12k plus costs.


The old "3rd party interlopers" thing does not hold water, as when a debt is assigned, all rights and privileges are usually assigned to, dependant on the type of assignment.


Does this default still show on your credit file ?

National_Debtline

Sourcrates is right and from what you have described this is an active and valid debt that needs to be dealt with. If you are considering a mortgage in the future then you would cause less damage to your credit file by negotiating repayments (rather than declaring a form of insolvency). If the default has already come off your credit file (which hopefully it has by now) then the only other thing the creditor can add is a CCJ.


You can try and discourage them from going to court by setting up a monthly payment plan or possibly making a full and final offer to settle the debt. Have a read of our factsheet for more information - https://www.nationaldebtline.org/EW/factsheets/Pages/24%20EW%20Full%20and%20final%20settlement%20offers/Default.aspx


Laura
@natdebtline

patman99

At a guess, I'd say that your ex has not paid anything off this debt as previously agreed.

You can either pay them the £17 each month, or look at a DRO which they may or may not agree to. Either way, all this will show on your credit file until 6 years have passed from the end of the DRO or last default.

Marktheshark

Have they got the credit agreement ?

claire6069

Thanks for all your replies guys, much appreciated! I figured my only option may be to pay a minimal amount each month but thought it was worth asking!
This particular debt hasn't shown on my credit file for 2 years - will it show up if i start making payments on it?
MKDP did send a copy of the original credit agreement which has both mine and my ex's signatures on so i'm guessing Robinson Way will have this now also?