MKDP, Barclaycard and CRA

[Topham]

hi guys,

 

I'm after some advise if you can please.

 

Ive also phoned debt line twice today and received two lots of different information,

and also received different information with regards a bank and a mortgage broker. so here goes.

 

my situation:

 

years ago i got myself into pickle with debt.

 

i had several loans including a large one to Barclays, Barclaycard, and some minor loans.

 

i lost my full time job and money was tight.

eventually i started to pay off the loans i could, or the ones i knew about at the time.

 

got with my ex partner who i give the money to to deal with my finances when i was away,

 

never heard nothing back from barclays, moved address split up with my ex shortly after.

(turned out she kept this money for herself).

 

long story short.

 

i still have a barclcaycard debt outstanding owed to MKDP.

The debt was originally for £3116. and i don't low whats happened to the barclays loan

it is not showing on and CRA files so I'm assuming that gone.

 

now I'm settled with kids,

i would love to have a mortgage with my partner.

but the problem appears to be this barclaycard debt.

 

the account was started 15/10/2001,

it was settled 24/06/2011,

and sold to mkdp 01/07/2011 for £3116.

 

The default was registered on 27/08/2009 for £3116.

this is shown on experian as that date.

yet equinox don't who anything of this debt.

 

MKDP are still registering the debt each month as not paid and as a late payment,

and this was updated only a few days ago.

 

my questions are:

 

1. when the default was served, 6 years would mean that it would drop of my credit file,

but what would drop off, just the default or the whole account with barclaycard.

even if they sold the debt and made an entry to say the debt was sold july 2011 to MKDP?

 

2. would the whole debt including account from Barclaycard and MKDP drop off come 6 years next summer

even if no payment is made.

 

or say if MKDP updated there file in say July 2015 a month before the default drops off,

and the make a note as late payment, would this still show there for a further 6 years from next july.

 

obvs im in a pickle,

cos even if i scraped all my money together,

i would doubt i could afford to cover the cost of this debt atm.

the fact I've gone 5 years so far with it being there.

 

And obis 6 year point in becomes SB,

 

would MKDP still be able to make entries on my credit file say for OCT 2015 NOV 2015

for missed payments yet the default has cleared and the account would be SB?

 

i was under the impression that after 6 years the whole debt and account

would just be swallowed up by the system and would drop off.

 

any advice would be appreciated,

 

I'm kind of worried that they will serve a CCJ against me in the next year,

if they do this, would i be able to say just pay it before a court hearing.

 

I do have an additional credit card i could use but thats earmarked for our wedding atm.

[Topham]

also, if MKDP did have access to barclays, and they pulled out this other barclayloan, if its off my CRA files, then its SB, could they enforce this swell

[fkofilee]

After 6 years from the date of default or settled, the account will disappear in full never to grace your credit file again.

It would just disappear off.

[Topham]

thanks fkofilee, if the account isn't settled in that 6 year period and

MKDP are still registering the debt up to say july 2015, would this go away swell,

or would that still show for a further 6 years from july as a missed payment

[fkofilee]

Whats the default date on your Credit profile.

[Topham]

the default date on experian is Aug 26 2009

[fkofilee]

Well then add 6 years onto it

[Topham]

ha yes i know that lol. but what i mean is what will show on my file after this date still. will the entries from MKDP still be there or will they drop off aswell even if the account is settled

[Topham]

is something SB 6 years after a default notice, or 6 years after last payment was received on file? cos I've never written to barclaycard nor have i to MKDP

 

I'm looking at my credit report and there was no payment made for the subsequent 24 months before 03/07/2011

[Topham]

 

the file in question from mkdp

[Topham]

the file from barclaycard showing no payments made for nearly 2 years before july 2011

 

[citizenB]

Neither company should be reporting on the account after 6 years from the original default date - does that answer the question

[citizenB]

is something SB 6 years after a default notice, or 6 years after last payment was received on file? cos I've never written to barclaycard nor have i to MKDP

 

I'm looking at my credit report and there was no payment made for the subsequent 24 months before 03/07/2011

 

To be on the safe side, you should probably look for the debt to be statute barred 6 years from the date of the default entry.

[BRIGADIER2JCS]

All default entries are removed on the 6th anniversary of the default date paid or not.

Your credit file entries appear correct, the method of showing these on the reports

changed a while ago, the original creditors entry and the debt purchasers amended

entry are now shown side by side to show how an account has progressed.

 

 

A debt becomes statute barred (credit cards/unsecured loans) if there has been a 6 year period

with no payments or unequivocal written acknowledgment of the debt.

 

 

In England and Wales a stat barred debt still exists and can be pursued until the debtor informs the

creditor in writing of the status of the debt.

 

 

The creditor has the right to issue a CC claim right up to the last day of the six year period, however

waiting so long to do so is not looked on favourably by the courts.

[fkofilee]

Following on from Brigs Advice...

 

This is MKDP, they WILL try to take this to court. I'd be vigilant in watching out for court papers.

 

In all the mkdp cases I've seen 14 out of 15 go to court

[Topham]

I've just spoke to barclayard now,

and they have informed me that the las payment was made to file on the 25th nov 2008

for an amount of £55.

 

I questioned them as to why on my credit file is it showing that there is a payment plan in place

for nearly 2 years worth on entries,

 

they informed me that this was incorrect and that they would have it amended.

the only worry for me now is that they said they would liasa with MKDP to have the files amended.

 

what should i do now.

cos of my job i don't really want to be having a CCJ over my head.

 

I have received a letter last night offering a reduction in the payment.

 

do you think its worth while to phone them and just see what the settlement could be,

 

maybe only a few hundred quid if its a low as 10-15% of the debt?

 

I'm guessing I'm flapping more now cos although its only Nov this year

 

i have to wait till is officially statute barred, they have a shorter timescale to issue papers.

 

but that saying. they have no confirmed address for me and are phishing

[BRIGADIER2JCS]

I've just spoke to barclayard now, and they have informed me that the las payment was made to file on the 25th nov 2008 for an amount of £55.

 

I questioned them as to why on my credit file is it showing that there is a payment plan in place for nearly 2 years worth on entries, they informed me that this was incorrect and that they would have it amended. the only worry for me now is that they said they would liasa with MKDP to have the files amended. what should i do now. cos of my job i don't really want to be having a CCJ over my head. I have received a letter last night offering a reduction in the payment. do you think its worth while to phone them and just see what the settlement could be, maybe only a few hundred quid if its a low as 10-15% of the debt? I'm guessing I'm flapping more now cos although its only Nov this year i have to wait till is officially statute barred, they have a shorter timescale to issue papers. but that saying. they

 

 

have no confirmed address for me and are phishing

 

 

 

 

 

Never ever phone a DCA for any reason they will attempt to persuade you to do all sorts of things.

 

 

Looks like this will be stat barred in November 2014.

 

 

If you decide to make an offer in "full & final" settlement it must be in writing never start negotiations at more than 10% of the balance.

You should ask for the account to be marked as "settled".

 

 

You must get written agreement to the terms of the offer, do Not send any money until you have that agreement.

[Topham]

if this is the case mate, then what would be a timescale they could set out from say todays date or even next week for a CCJ? surely they would have to be sending letter out etc, then notices and finals notices etc.

 

Im just worried that they get wind of it from barclaycard that the debt maybe statue barred some 8 months earlier than they think and they jump at the gun to issue papers?

 

also if i write to them, then they have an address officially for me, and also it would surely be acknowledging the debt. where as phoning them up, not acknowledging the debt, but discussing a settlement is better than writing it to them, surely they have access to emails they can put stuff in writing to

[BRIGADIER2JCS]

if this is the case mate, then what would be a timescale they could set out from say todays date or even next week for a CCJ? surely they would have to be sending letter out etc, then notices and finals notices etc.

 

Im just worried that they get wind of it from barclaycard that the debt maybe statue barred some 8 months earlier than they think and they jump at the gun to issue papers?

 

also if i write to them, then they have an address officially for me, and also it would surely be acknowledging the debt. where as phoning them up, not acknowledging the debt, but discussing a settlement is better than writing it to them, surely they have access to emails they can put stuff in writing to

 

How are you receiving the letters fro MKDP?

If they are writing for instance to your last known address they could issue a claim at that address, if you for one reason or another do not get the claim pack then a judgement by default will be the result.

 

 

Any written communication is always made with out admission of liability so does not acknowledge the debt.

 

 

You need to have a tangible data trail when making offers in writing by RM signed for post, anything discussed on the phone can be denied (and often is).

[Topham]

they are writing to me at my parents house

 

surely if i discussed it over the phone with them and had them put the offer in writing and sent to my parents house that will work??

 

obvs stating on the phone without admission of liability and do not acknowledge the debt

 

if i just let it ride out, if they issue a ccm or court papers, would i still be able to say turn around through the process and stay SB

[Topham]

and if the judgement is by default, how would i know about it, would it show on my credit file as a ccj, cos my credit file doesn't show any ccj ever

[dx100uk]

i'd be getting and sar off to Barclays

 

if MKDP are offering a discount

 

 

odds on

theres more to be had

 

not got PPI/CCP/PENALTY charges have you.

 

I would certainly not

at this stage be pulling MDKP'sstring

until you have all the stateents and facts

 

findout WHY they are offering a discount FIRST.

 

get your ducks inline

 

dx

[Topham]

How do you mean there is more to be had?

 

And no, im not aware of any ppi charges or pentalty charges etc

[oleg]

Agree with d x.

 

MKDP have an automatic trigger to step up activity prior to S B date.

 

If I were in your position I would certainly not be offering F&F.

 

You appear greatly exercised at the prospects of a CCJ. Well MKDP will quite likely attempt to obtain one by default by writing to the last address you gave Barclays. You must give them your current address if you don't want that to happen.

 

They will not jump straight into Court mode. First they will send threat letters and if that fails, a court claim which you have 28 days to defend. Until thenthey can do sweet F A.

 

I don't know where fkofilee gets the idea that 14/15 cases go to court from. We have no idea how many ppl do *not* get taken to court, since they are not likely to come here requesting help. Nor do we know how many go to the many sources of help available other than CAG.

 

I myself am helping someone who has not been taken and it's just a few weeks away from S B.

 

Of the many that receive court papers and post on here for help, the vast majority do *not* end up with a CCJ, thanks often to the well crafted minimalist defences of andyorch or sometimes MKDP's legendary sheer incompetence.

 

What I'm saying, in other words, is not to panic.Please also note that Barclaycard are very often unable to find the original CCA for accounts as old as yours, without which they would almost certainly be unable to obtain judgment against you.

 

Go ahead and offer F&F if you are into feeding Leeches, otherwise no.

[dx100uk]

hi oleg good to see you onboard!

 

I've moved the thread to the Barclaycard for you TH

 

have a read of a few charges threads here

 

you'll get the idea

 

I bet its penalty charges

that they are offering as a 'discount'

 

typically, they'll be more to be had

as they'll not include compounded interest in that figure.

 

an sar is your first port of call to Barclaycard.

 

then we will be able to see what is actually there to use to your advantage.

SHOULD anything nasty happen.

 

as you'll see there has been good success with charges reclaiming with BC

even if they are outside of 6yrs.

 

get that sar done TODAY.

 

pop in the letter a line regarding your old address

and include a copy of your current CTAX bill as proof of who/where you are now.

 

that will also have the advantage ofgetting the address details

officially updated

 

so if MKDP do decide to go for a CCJ

they'll HAVE to send it to the correct address.

 

dx