Is credit company in the wrong

[pearlybabe]

On getting the details of what the credit card company had on me to find out why they are persuing me for debt I knew nothing about and is not of my doing. I have discovered in the information supplied that they had issued a credit card in my name using all my details from a previous account that I had paid in full and was dorment for 2 years. I had cut the card up so that it was never used again by any one.That was the advice given at that time.I had also moved from that address so the re issue was never received by me and has been used by someone else. Hence the company persuing me and even have a CCJ in my name.

Have the credit card company over stepped the regulations in re-issuing the card for a dorment account and when no request was made from me for them to do so.

The company is MBNA.

[MARTIN3030]

This looks like its a fraud case.

Which DCA is chasing ?

You need to put something in writing to MBNA advising them of what you have written here.

Also the DCA to suspend any further collection activity informing them that there is a dispute.

[pearlybabe]

Thank you for your reply.Had the company not re-issued the card without any request there would have been no fraud committed.Are they not responsible for doing that and failing to protect me.Don't they have duty of care to me as a consumer. Has an error occurred in their system and a mistake been made on their part I wonder.

The debt was incurred late 2005 and early 2006. I am not sure when the court action was as I don't have the information..I did discover the CCJ 3 years ago and disputed it then.

When a debt is statute barred is it from when the debt occurred or when payment became due and not paid or acknowledged or when the CCJ was issued.

The company persuing me are Equidebt Liverpool-Victoria.

I have ignored their last 3 letters and now they threaten sending some one to arrange payment,yet they have said in the past that some one sends them a payment (as per court order) every month..

I am about to go on holiday for several months and really don't want them at the door in my absence.

Advice gratefully received.

Edited October 30, 2012 by pearlybabe