old mbna cc debt, is it enforceable?

fermi

Some cross posting going on here I think.

vix2000 wrote: »

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?

If he makes sure he gives all the correct address info for the last 6 years then it should show up if there is one.

At the very least it might show which DCA is on the case.

vix2000 wrote: »

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.)

They might be able to, but then they might not. These things can get passed from DCA to DCA multiple times which means that even the original creditor may not know.

vix2000

sorry, no, the warrant is for another debt. He has lived more than 6 years at the current address, but was at the business address where the debt originated, from1999 - 2001. Should he put that address on? Just worried if that would help other creditors find him.

If they did find proof of the above, then can he still go down the cca route?

fermi

Ah! Now that is clearer.

If he includes that address on a Credit Report application the CRA will link the addresses on his file. So in theory that could allow any creditor doing a subsequent search (or on the GAIN network) to locate him.

Personally I would just sit tight and see what turns up.

The worst that can happen is that the creditor will find him and they will have a current CCJ. If that happens then he can apply to pay by instalments he can afford.

If they find him and there is no CCJ and the debt is barred, he just sends the SB letter.

If they find him and they can show the debt isn't barred, then he can still go down the CCA route.

vix2000

Thats a great help fermi. So I'll get him so send for the 3 credit reports asap and see whats on them Thanks again. Do you mind if I come back here for advice (and reassurance!!!) when he gets them please?

fermi

vix2000 wrote: »

Thats a great help fermi. So I'll get him so send for the 3 credit reports asap and see whats on them Thanks again. Do you mind if I come back here for advice (and reassurance!!!) when he gets them please?

That is what this forum is for.

I should say that if he has any doubts about what he should do then it's always a good idea to seek some professional advice as well. In important matters is always best to back up advice you receive from a forum like this,.

The three organisations in my signature are free, impartial, and non-judgemental.

vix2000

Thanks again

vix2000

Hi. Right, he's just been forwarded a pile of correspondence.

1. there is a debt to tesco finance via a company called capquest, which appears to now be with scotcall dcs, for £1982.74 (was £1935.52 on 14 nov!!!)
2. the debt to mbna is with mackenzie hall. debt £7183.15 but will accept £5746.52.

My question is if the debt is statute barred will it be removed from his credit history or is it better to go down the cca route? Both debts are from 2001 and no payment or correspondence has been made on them since. Thanks.

RAS

Hi

Where did this pile of correspondence come from?

Do either of the debts appear on his credit checks?

if he stopped paying in 2001, then they are statute barred unless there is a CCJ. This and any default would show up on his credit checks.

Just to get an idea of what he is dealing with, see http://forums.moneysavingexpert.com/showthread.html?t=748879

vix2000

Thanks for replying, They were forwarded from an old address. He's applied for the £2 check from the 3 agencies so waiting to see whats on them, Does a statute bar remove them from his file? I still haven't grasped the difference in outcome between the statute bar and the cca route.

RAS

CCA means that the DCa do not have the documentation needed to enforce the debt throught he courts and can apply to recent debts. Basically, they cannot prove that a Consumer Credit Agreement exists, so cannot enforce it.

Statute barred means that the debt still exists but if the DCa went to court, the judge would refuse to find against him becasue the creditor did not take timely action (within 6 years of last payment or acknowledgement. SDo they cannot force you to pay.

Sometimes debts cannot be enforced under either ruling, other times it is only whe a CCA is returned that you find out that the debt is statute barred.

By the way, if MH are involved I would bet a pound to a pinch of stuff, this is statute barred.

Will post some links in a mo - just refresh.

i would add that someone recently advised that most older MBNA debts did nto have a proper CCa and were unenforceable.

MH at their best http://forums.moneysavingexpert.com/showthread.html?t=748879

And another

http://forums.moneysavingexpert.com/showthread.html?t=89287&page=13