Very confused, please help!

[lostlemming]

Hi everyone, I'm new to the forum but desperately need help.

I have been receiving letters and phone calls from MKRR with regards to a debt that I am not even sure is mine and I don't know what to do. MKRR claim I owe a debt which originated from HSBC. I did have a credit card with HSBC in 2006 which was defaulted in 2007 and the only mention of HSBC on my credit file shows an account as 'satisfied'.

The trouble is I have been receiving letters from various debt collectors relating to several debts I know for a fact are not mine (such as mobile phone contracts) and having found it almost impossible to prove that I am not the person who owes the money in the past, I am reluctant to confirm my date of birth and address to MKRR because I don't want them to pursue me for someone else's debt just because I have the same name and d.o.b as whoever the debt belongs to. However, MKRR won't give me any inforation about the original debt ( I have asked for the address the debt relates to and when the original debt was taken out) because I won't confirm my d.o.b and address and if they gave me any information about the debt before I have proved who I am, they would be in breach of the data protection act. Now I don't know what to do for the best.

Usually I get my partner to phpne up any debt collection agencies and just say I don't live at this address but because I believe this debt could possibly be mine, I'm reluctant to do this as I would rather deal with the debt if it is truly mine. The other thing is I have read that debts which have been unacknowledged for a period of 6 years and have no payments paid during this time are classed as statute barred. If this is the case and this debt is mine, it would definitely fall under this category.

The thing that's confusing me the most though, is that if the only record of HSBC on my credit file is listed as 'satisfied'does that mean that the debt I am being chased for is not mine or does it mean that it has bee classed as satisfied because it's staute barred? Or could it mean that HSBC sold it on and that's why there are no active accounts showing for HSBC? The trouble is there is nothing on my credit file for MKRR or any of their other group names. I'm so confused! Please help!!

[FlamingParrot]

Re: Very confused, please help!

Hi and welcome to LB

The reason there's nothing on your credit file could be because this default is over 6 years old, and defaults drop off after 6 years.

If the credit card was defaulted in 2007, it would be statute barred, provided no payments were made and there was no written acknowledgment from you or anyone acting for you (for example, a DMP provider).

A debt wouldn't be marked 'satisfied' because it's SBd, normally SBd debts would have just disappeared off your file, as they would have been defaulted over 6 years ago, although there's no direct link between one and the other, i.e. a debt could drop off and not be SBd if payments were made after default (for example, on a DMP).

You could send them either a 'prove it' letter (if you think the debt is not yours) or a statute barred letter (if you think it refers to that old debt of yours).

[Celestine]

Re: Very confused, please help!

Are any of these 'rogue' accounts showing on your credit file?

If the only people who think these accounts are yours, are DCA's then I wouldn't hand over too much information, but if data is showing on your CRA that is incorrect, I would contact the CRA's to verify your identity and resolve the matter properly.

DCA's often mix people up, they send out phishing letters to multiple people with same names to trawl for a response. Generally speaking they are best ignored.

[lostlemming]

Re: Very confused, please help!

Thank you for the replies. @celestine the 'rogue' accounts don't show on my credit file, so I'm assuming the debt collection agencies are just phishing. When you say it's best to ignore them, they have sent me a final demand threatening court action. Do I ignore this too? @flaming parrot there has def been no payment on the account since the default or any acknowldgement of the debt made, so it must be statute barred.

[FlamingParrot]

Re: Very confused, please help!

Thank you for the replies. @celestine the 'rogue' accounts don't show on my credit file, so I'm assuming the debt collection agencies are just phishing. When you say it's best to ignore them, they have sent me a final demand threatening court action. Do I ignore this too? @flaming parrot there has def been no payment on the account since the default or any acknowldgement of the debt made, so it must be statute barred.

They can still issue proceedings on a SBd debt, so I'd say it's best to nip it in the bud, by sending them a letter stating the fact that this is SBd and you are aware of the fact. :thumb:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[Celestine]

Re: Very confused, please help!

Can you upload a copy of that letter. Obscure your name/address and account numbers.

[lostlemming]

Re: Very confused, please help!

I have sent a statute barred letter to the company using the template. I sent it recorded delivery and I know they have received it. However, I received a phone call from MKRR today and I answered the call because I thought they might be acknowledging my letter and confirming no further action would be taken. The woman made no such acknowledgement and when I mentioned it to her, I was told no letter has been received yet. She said unless I had included my date of birth(which I hadn't) the letter wouldn't be accepted anyway. Apparently, it wouldn't pass their security checks without this information because of data protection. Now I don't know what to do next. Do I give them my date of birth? I don't see why they need it because I put the account number, my name and address. Surely that would be enough?

[FlamingParrot]

Re: Very confused, please help!

I have sent a statute barred letter to the company using the template. I sent it recorded delivery and I know they have received it. However, I received a phone call from MKRR today and I answered the call because I thought they might be acknowledging my letter and confirming no further action would be taken. The woman made no such acknowledgement and when I mentioned it to her, I was told no letter has been received yet. She said unless I had included my date of birth(which I hadn't) the letter wouldn't be accepted anyway. Apparently, it wouldn't pass their security checks without this information because of data protection. Now I don't know what to do next. Do I give them my date of birth? I don't see why they need it because I put the account number, my name and address. Surely that would be enough?

Cheeky sods!

Companies often ask for your DOB when you ring them, to verify you for DPA purposes, before they discuss matters with you. There is no need for that here, you are writing to them merely to inform them that the debt is SBd and they should not pursue you for it. You are not asking them to do anything such as transfer money or ordering goods. An account is SBd if no payment or written acknowledgment has been made in 6 years, regardless of whether you write a letter or not. There is no need to go to great lengths to verify your identity when you are just INFORMING them of the facts, not asking for anything.

[lostlemming]

Re: Very confused, please help!

So the drama continues... today I received a letter from Raven Recoveries, which is part of the same group as MKRR. The letter says that MKRR have passed the debt on to them and that I need to make payment in full within 7 days or they will 'have no further option than to assess your account for alternative action to recover this balance.'
I know that they received my sbd letter 5 days before the date of this letter and yet no acknowledgement of my letter has been made. I don't know what to do next. Should I phone them and tell them that if their letters continue I will pursue a case against them for harassment?
Thank you for your help.

[FlamingParrot]

Re: Very confused, please help!

So the drama continues... today I received a letter from Raven Recoveries, which is part of the same group as MKRR. The letter says that MKRR have passed the debt on to them and that I need to make payment in full within 7 days or they will 'have no further option than to assess your account for alternative action to recover this balance.'
I know that they received my sbd letter 5 days before the date of this letter and yet no acknowledgement of my letter has been made. I don't know what to do next. Should I phone them and tell them that if their letters continue I will pursue a case against them for harassment?
Thank you for your help.

No, don't phone them, it's best to keep it all in writing. :typing:

I'd just forward the Raving loonies a copy of the SBd letter you sent to MKRR so they are aware. :thumb: