old mbna cc debt, is it enforceable?

vix2000

My friend had a business from oct 1999 to oct 2001. The buyer refused to pay for the stock after purchase. He was left with a few debts, some direct to suppliers some on credit cards. Due to moving around with work his paperwork filing was less than efficient. He has no record of this account and no correspondence. Just before xmas he was babysitting his daughter while his ex was in hospital and a warrant was served on him at her house. He has no idea why they served it there as he has never lived there as she has moved since they separated. He says that it is a debt collecting agency for mnba that are persuing him. I was wondering if, because the debt is so old, that it might be unenforceable, and what he would need to do to find this out. Thanks for any help.

churchrat

hi
quick question--what do you mean by warrent? is this for his arrest? or was it to do with county court and ccj's?

RAS

Also

G=AHs he requested a CCA. A lot of older MBNA accounts do not have one

vix2000

Sorry, I got mixed up. the warrant was for the estate agents who sold the business for him. MBNA are the company who have been harrassing his elderly parents at all hours of the day and night. No, he hasn't applied for the cca. As he hasn't got any correspondence he didn't know what to do. Is this what he should do now?

RAS

Do you know what the name of the DCA is that is harressing the parentsor is it MBNA directly? They need a swift kick as they are:

Pursuing people who they know do not owe the money
Divulging inforation about OH debt to other people contrary to the DPA.


Weller special coming up. CCA letter, unless this MBNA debt is over 6 years old? Since he last paid?

Dear sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully





Send it registered mail so you can trace the delivery. Enclose a postal order rather than a cheque, as this does not have an account number attached. Since it is OH debt, either get him to write his name, or better still, you sign on his behalf.

vix2000

Thanks a lot for the help. He thinks he last made a payment in sept/oct 2001 which is over 6 years. Is this significant?
I will email this letter to him. I cannot sign it as it is really nothing to do with me, I just said I would help him out by trying to get some information for him.

RAS

vix2000 wrote: »

Thanks a lot for the help. He thinks he last made a payment in sept/oct 2001 which is over 6 years. Is this significant?

Yes, unless there is an outstanding CCJ, then the debt became statute barred in Sept/Oct 2007

I will email this letter to him. I cannot sign it as it is really nothing to do with me, .

Just make sure he understands that he does not sign it.

vix2000

Thanks ras. How would he find out if there was a ccj? He is not aware of one. Is it still statute barred if they've tried to contact him?

fermi

vix2000 wrote: »

Thanks a lot for the help. He thinks he last made a payment in sept/oct 2001 which is over 6 years. Is this significant?
I will email this letter to him. I cannot sign it as it is really nothing to do with me, I just said I would help him out by trying to get some information for him.

If the last acknowledgement of the debt that he made in writing or by payment is over 6 years ago, the the debt should be "Statute Barred"

Have a read through this link:

Factsheet | Liability for Debts and the Limitation Act

If it is "Statute Barred" then there is no point getting involved in requesting copies of the agreement.

All he would need to do is send the letter at the end of the link above.

vix2000

He's pretty sure about the payments and letters but not the ccj.

Should he apply for his credit files to find this out. Apparantly last time he did this last year there were no ccj's listed, but experian only.

So if he gets the 3 files and has no ccjs then should he send the statute barred letter?

I assume if hes wrong they will have to send proof of either his payment or his correspondence? Thanks again for the help.

p.s. if he contacts MBNA will they tell him which dca they sold his debt to? he doesn't know whos dealing with it now - (useless, I know.)

fermi

I missed the bit about the warrant. Is that at all to do with the MBNA debt, I'm still not 100% clear on that?

If there was a CCJ it's likely the MBNA/DCA would be seeking to enforce it rather than hassle relatives.

He could check his credit references, but he would need to make sure he included all previous addresses in the last 6 years.

However if he believes the debt may be statute barred it would be up to the DCA to show that there is either an enforceable judgement on the debt, or that payment or acknowledgement had been made within 6 years.