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    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
    • The main thing is to stop shoplifting because it could be worse next time. If you think you have mental health issues that led you to do this, please go and have a chat with your GP. They won't judge you and should be able to get you help if you need it. HB
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In-Laws Being Harrassed for (my) old (and settled?) debt!! Please help!


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Hi there -

 

I'm an American, now married to a Brit, who lived in the UK for about 10 years.

 

In my first few years in the UK I did not make very much money

and foolishly ended up getting into debt with credit cards and a loan in order to keep my head above water.

 

I ended up amassing about £10,000 worth of debt, which I ended up facing up to in 2006.

 

I contacted creditors, set up payment arrangements and all that stuff.

 

Thanks to the help of this forum I ended up getting several of them written off,

and I paid the ones I believed I was legally obliged to pay.

 

In January 2012,

I moved to the United Arab Emirates with my husband, and

 

late last year I realized I was living in another country and had been paying those debts for over six years

(original plan was to pay for five). So I stopped paying them.

 

Fast-forward to yesterday.

 

I received an email from my in-laws in the UK, who have received a letter from MK Rapid Recoveries,

claiming I owe £1500 for a Barclaycard debt from 2006!

 

I did have a Barclaycard debt and had reached an arrangement with another DCA in 2007,

and paid them until late last year.

 

I investigated this today and have discovered that Barclaycard listed me as "in default" in 2009,

in spite of the fact that I had been making regular payments on the debt,

and now list the debt as settled.

 

Interestingly though MK Rapid Recoveries have ALSO put a default for the same amount

and the same year on my record! I know this was not there before.

 

I have never actually lived at my in-laws but I this year I did work a temporary job in the UK this summer

and I had to be CRB-checked.

 

For paperwork purposes I needed to give them an address

and so I had to put my in-laws down, and this included updating a CC address.

I then forgot about it and I am certain the DCA found my in-laws' address by pinging my credit file.

 

I intend to post some letters stating that I do not acknowledge the debt,

have never lived at this address and requesting that any correspondence regarding this account be sent to my UAE address.

 

I updated my in-laws and was thinking that was the end of that.

 

BUT THEN this afternoon they contacted me to say they have received ANOTHER post from ANOTHER DCA (Moorcroft)

attempting to confirm whether I not I live at this address

and sniffing around in regards to a Nat West debt which I believe I have paid off - it is not even on my credit file!

 

I know I am responsible for the debt I accrued back in the early 00s, and I am willing to deal with the DCAs.

 

But I do NOT want my in-laws dragged into this.

 

They have been frugal all their lives, have excellent credit

and I know are terrified of being dragged due to debt they had nothing to do with!

 

I do not believe I owe either DCA anything and am unafraid to get in correspondence with them

or give them my UAE address.

 

But I definitely do not want them bothering my in-laws!

 

What can I do to ensure they do not harrass my in-laws? Thank you for your help!

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Get the in-laws to send on the letter to you in the UAE. Then write back to them with evidence of being a resident of the UAE and that the address they sent their letter to is a third parties address, used many years ago as a very temporary mail forwarding address. In the letter you can advise that you know nothing of this debt. Perhaps amend the letter in this link to suit.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It

 

If your in-laws start receiving any other communications, get them to return everything to the sender, as the person does not reside at the address. Once you have send your letter, the debt company should stop trying to contact you via the in-laws.

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or just get them to write on the envelopes

not at this address without opening them

 

and put them back in the post box.

return to sender

 

legally that's the right thing to do.

 

they should not be opening your mail.

 

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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