lowell , red debt

[mikeh2644]

please can I have some advice and help.

 

My ex has forwarded onto me a letter from the above company.

 

saying they have bought the debt from a previous marriage.

 

IN MY NAME for £17000.00 from mbna

 

IVE BEEN DIVORED SINCE 2007, they have threatened to pass it on to red debt

 

I am mortified.

 

To be honest, work has died as I lost my job in april,

am am getting the odd bit of work here and there because I was stupid and got stopped the morning after the night before and was banned for 15 months.

 

I currently have a room in a house, no car to take no real savings , about £500 of my belonging are in a container in storage. CSA and the tax man want those...

 

HELP WHAT DO I DO,

I DONT WANT ANYONE TURNING UP AT MY ADDRESS AS THEY'LL KICK ME OUT.

I HAVE NOWHERE NEAR THE MONEY TO MEET ANYTHING LIKE THAT AMOUNT WITHIN MY LIFETIME AT THIS RATE.

DO I CONSIDER BANKRUPTCY ?

I FEEL I HAVE NOTHING LEFT..

 

.PLEASE ADVISE

[dx100uk]

hi mikeh

 

if your last financial transaction on it was over 6yrs ago

 

its statute barred.

 

sent them the SB letter.

 

i'd get your CRA file

 

if it dont show..its dead

 

they are trying to fleece you!

 

dca's have no legal powrs they are not bailiffs.

 

 

dx

[unclebulgaria67]

So this is a credit card debt for £17k. Presumably made up of lots of charges.

 

I would play ignorant as to what the debt is and send them the general letter, asking for more details. In the letter, you could add a sentence asking them for a copy of the last statement from MBNA showing the last payment made towards the account. Explain that you are confused, as you don't think you have had any dealings with MBNA for at least 6 years and it may be related to an account held while in a previous marriage.

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

Lowell and Red are the same company, just different branding. If the last payment was over 6 years ago, that it is statute barred and then you don't have to pay them a penny. If the last payment was within 6 years, then you may have to make legitimate requests for information and see what you can do. e.g a request for the Consumer Credit Agreement for the account.

 

If you have nothing, then the only thing they could do if the debt is not statute barred is apply for a CCJ. Before it gets to that or if they issue a court claim, you could just make token payments for say £1 a month out of any benefits you may receive.

 

As DX says, you may wish to check your credit record.

 

https://www.noddle.co.uk/

 

I am wary of just sending the statute barred letter, as if the MBNA account was a joint credit card account, perhaps your ex-wife continued to use it, made payments and then stopped.

Edited November 15, 2012 by unclebulgaria67

[bigshoes...bigsocks]

Was it your credit card and your wife was an additional card holder or was the credit account in joint names?

[BRIGADIER2JCS]

Get a look at your credit reference files, Equifax and Experian have 30 day free trials, Noddle is free.

Can you recall when the last payment was made to the account.

For a debt to be statute barred there must not have been any payment or acknowledgment of the debt in 6 clear years.

As the date of the last payment can be some months before the default is placed the debt may well be statute barred.