Old Credit Card Debt Advice...

PHANTOM

Hello All,

Apologies if this is not he right place for this query.

My query is for advice regarding a fraudulent debt incurred on a credit card back in 2007.

A bit of background:

Back in 2007 - my credit card with MBNA was fraudulently used to withdraw £7k in one transaction (done via card transfer to an account), and than smaller transactions totaling up to £8k (these included business rates paid to council, petrol charges and shopping). MBNA denied that it was a fraudulent transaction - despite the fact that they never contacted me to approve the 9k transaction, and neither were they willing to investigate the money transaction to the related accounts. Just for Info - they told me about the transactions that had taken place when I rang them. Also, no red flags were shown when the address on the file was changed twice in a week, with new cards being ordered to both new addresses and used. The fight went on for a couple of years, and I asked them to take me to court to prove my innocence- but nothing. I remember I even wrote to a Channel 4 program back in the day regarding this - and they followed up with MBNA - without any comment. In the end they sold the debt on. And I got chased by one company or the other. My reply to them was the same - to provide me proof that I incurred the debt - or take me to court. Nothing. The harassment died down after I would say 2011/2012 (not really sure now). It was such a long time ago - now I can't remember all the details.

Fast forward - and a couple of days ago i received a letter stating that a new company has taken legal ownership of my account, and all rights and obligations have been transferred to Intrum Poplar Designated Activity Company. And they have decided to appoint Capquest Debt recovery as and administrator for the account. And yes they have now re-opened the case to recover the old debt.

Can someone advise as to where I stand with this?

Taking into account that I never accepted/acknowledged the debt, nor paid anything towards it. I remember even making an SAR request to MBNA for full records back in the day - which they never acknowledge. No communications, of anysort, was forthcoming after 2011/2012.

Your advice would be most appreciated.
Many Thanks.

Nasqueron

Send them a statute barred letter, use a template from a site like step change which will be worded correctly to avoid any issue of admitting the debt - they're almost certainly trying it on after buying the debts for pennies

PHANTOM

@Nasqueron - Thank you for that - I shall check the site - and find the template. 

PHANTOM

Hello All and @Nasqueron,

I found the following template - would be sufficient for the task:

~~~~~~~~~~~

Dear Sirs,

Statute barred debt

Ref:   xxxxxxxxxxxxx

I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons:

- The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago-- No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years

- No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years

This debt is therefore statute barred and any court claim to recover it will be defended on this basis.

If you have evidence that this debt isn’t statute barred, please send it to me within 21 days.

Otherwise, please confirm in writing that you won’t pursue me further for this debt.

Yours faithfully
~~~~~~~~~~~~

I am a bit concerned with the statement "...and i do not intend to make any further payment to it..." when I have never made any payments in the past.

Thank you for your help.

Nasqueron

You could just remove "further" and the wording would still make sense