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7 Year old debt from MBNA


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Hi

 

My brother had a credit card debit of around £4500 quite a few years ago. I'm pretty sure he got a CCJ and some bailiffs came round to his flat and took some goods. What they took was probably worth around £1000 but must only made a fraction of that amount at auction.

 

He was unemployed at the time and had no way of paying the money so he moved out and moved in with me. I'm 99% sure the debt collectors/bailiffs have no idea where he is because he's had no letters from since the move. Also he uses my bank card and basically laid low for a while so he didn't appear on any systems. I'm thinking if they were still after him they would of tracked down by now because he is now married and has a part-time job so he should appear easier to track down.

 

So what I'm asking is if the debt collectors are able to find him would they be able to still collect the debt ?. Also would the original debt be alot higher now due to interest and penalties ?.

 

Thanks,

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As enforcement has been carried out once it is unlikely that they would carry it out again without going back to court, and they would have to have substantially different particulars to allow that to happen after such a long time.

 

The only way to check would be to check the credit rating but that could wake a few sleeping dogs.

 

As your brother was unemployed at the time they took his goods that would be evidence enough that the original levy applied by the bailiffs was invalid. They are not supposed to take goods from vulnerable people. Do you know what they took at the time?

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As enforcement has been carried out once it is unlikely that they would carry it out again without going back to court, and they would have to have substantially different particulars to allow that to happen after such a long time.

 

The only way to check would be to check the credit rating but that could wake a few sleeping dogs.

 

As your brother was unemployed at the time they took his goods that would be evidence enough that the original levy applied by the bailiffs was invalid. They are not supposed to take goods from vulnerable people. Do you know what they took at the time?

 

I just spoke to my brother and he was actually employed at the time, they took a pc, tv, stereo, car audio stuff. I read about something called 'statute barred', is it possible his debt be classified as that ?.

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not if he had a CCJ

they cannot be SB'ed sadly.

 

now, however all is not lost.

 

if the CCJ is more than 6yrs old, they will have to go back to court with it for any outstanding debt to be enforcable and THAT IS VERY RARE.

 

my best idea is to bite the bullet and get a CRA report.

 

ok it might wake the wolves up.

 

but there is tuff all in reality they can do about this debt

 

though other debts might exist?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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not if he had a CCJ

they cannot be SB'ed sadly.

 

now, however all is not lost.

 

if the CCJ is more than 6yrs old, they will have to go back to court with it for any outstanding debt to be enforcable and THAT IS VERY RARE.

 

my best idea is to bite the bullet and get a CRA report.

 

ok it might wake the wolves up.

 

but there is tuff all in reality they can do about this debt

 

though other debts might exist?

 

dx

 

Nah he said that's the only debt. So its risky ?, knowing his luck he'll be one of them rare unlucky ones in which they followup on the debt.

 

Is £4,500 something they would chase for this long or are they likely to go after bigger debts. That said £4,500 is quite a tidy sum :-|

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as said

 

i very very much doubt they would ever bother

 

if they do

 

there are ways around any issues that arise.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the help. Sounds like it'll be worth doing, for starters he might be able to get his own bank account which in turn will help get his credit rating up and may even allow him to get a mortgage in the not too distant future.

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you might well find his credit rating is perfect already

 

just remember to input his old ad though.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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creditexpert.co.uk

 

you wil need a cc

but you cancel b4 the 30days is up and its free.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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