Mbna Irish credit card being chased in uk

[rooster32]

Hi and apologies if the answer is already here. I've had a look and can't see anything.

 

Basically I had a credit card in republic of Ireland and moved to uk 4 years ago. This week I've received a letter to my uk address from an Irish based debt collector advising the debt was being passed to another Irish based collector.

 

 

I had been making payments to this card but stopped when the cost of living and additions to the family meant I couldn't afford the payments! I wasn't aware it had been passed to a collector until I received the letter.

 

 

Where do I stand with this? Can I be pursued and my uk credit rating affected?

[cerberusalert]

Can I be pursued and my uk credit rating affected?

They could try to pursue but they are highly unlikely to get anywhere & no they cannot tamper with your UK credit file.

[rooster32]

Thanks for your reply. Even though mbna is a global brand can they not put a Mark in my uk file through their uk company? If I ignore this letter is there a timescale where this could be written off ?

 

Thanks again.

[cerberusalert]

Even though MBNA is a global brand can they not put a Mark in my uk file through their uk company?

No, this was a credit agreement outside of the UK. If they wish to take any enforcement they would have to do it through the ROI courts first which they can't do as you are not a resident there. Technically because of reciprocal agreements they could try through a UK court but unless the amount is substantial in the majority of cases it is not economically viable for them to do so.

 

I'm not sure what the Statute of Limitations is in ROI but I believe it's six years from when you last made payment or written acknowledgement of the debt.

[rooster32]

Thanks cerberusalert. Should have mentioned that the amount was €4500, I assume that it wouldn't be worth their while pursuing through the courts for this?

[cerberusalert]

When the reciprocal agreements were devised they were meant for amounts in the high 10s of Ks and above.

 

In all likelihood this alleged debt will be sold on to a UK based DCA for a figure of between 7 & 15% of it's face value, they will then chance their arm with a bit of kidology hoping that you will pay up.

[rooster32]

Sorry to be a pain with all the questions! But, if a uk dca was to take on the debt where would that then leave me in terms legal action in the uk if I chose to ignore it?

 

In worst case scenario could I request a copy of the agreement from them and hope this can't be produced?

[cerberusalert]

In worst case scenario could I request a copy of the agreement from them and hope this can't be produced?

If a UK DCA contacts you they will have to abide by CCA 1974 which means they will have to produce a legally enforceable agreement upon request.