Nationwide Current Account Overdraft Debt With MKDP

[losingmymind]

Hi all, please can someone advise?

 

I opened a Nationwide current account in January 2009.

 

 

I had an overdraft limit of £1000.

 

 

By June of that year I was in financial difficulty and the overdraft went over it's limit.

I think it went up to about -£2K.

I've always been scared of confronting debts and did my usual burying my head in the sand.

 

 

Nationwide closed the account and demanded repayment and I ignored it.

Since then every so often I get letters from various DCAs demanding payment but I've ignored them.

 

More recently a company called Redhill and latterly MKDP have written wanting me to set up a repayment plan,

which I've chosen to ignore.

 

 

This week MKDP wrote to me saying they've done searches with the CRAs and other databases

and have reason to believe I'm still at my address and they are instructing their pre-legal dept

to review the account blah blah, with a view to CCJ.

 

Help!! What can I do?

I'm a year off this being statute barred.

Is there a way to delay things by putting it into dispute?

The debt now stands at nearly £8K

- mostly made up of charges put on by Nationwide before they sold it.

How can I legally challenge this?

 

If someone can point me in the direction of the letter I perhaps need to send to stop them in their tracks it would be much appreciated.

 

Thanks in advance.

[dx100uk]

is this on your credit file?

 

 

what is the default date?

 

 

dx

[losingmymind]

I don't have up to date credit reports. The last ones I have are 18 months old and they have the defaults marked by Nationwide. The default date is November 2010.

[dx100uk]

for this account being chased?

 

 

dx

[losingmymind]

Yes, I only had the one account with nationwide. The default amount showing is the amount MKDP are now trying to get out of me.

[dx100uk]

so not sb'd till nov 2016 then probably?

 

 

might be an idea to sar Nationwide

 

 

get all the statements and knock up a PENALTY charges reclaim.

 

 

I bet the interest charged on these will wipe the debt out.

 

 

you could send mkdp the account in dispute letter

 

 

but as all you've got is a generic phishing letter

I'd let it run.

 

 

just remember

these people ARE NOT BAILIFFS

 

 

and have

 

 

NO SUCH LEGAL POWERS

 

 

you need to read that letter carefully

 

 

you'll find it doesn't say WILL anywhere.

 

 

they are looking for a mug to fleece

 

 

hold your nerve

 

 

dx

[losingmymind]

Thank you. So if I send a SAR to Nationwide (I assume the template is on here somewhere?) they'll send all statements in reply will they? And then how do I go about a penalty charges reclaim?

 

What is the account in dispute letter? Is it a CCA request?

[dx100uk]

click the sar.

 

 

you cannot cca a bank account its not credit so not covered by the act.

 

 

I'd let mkdp run for a while.

 

 

charges reclaiming can be read about in the forum

or via my link 3 below

[losingmymind]

Thank you. I'll look into these right away.

[losingmymind]

Hi all,

 

I'm resurrecting this thread because there have been developments of late. When I last posted on here I was being pursued for this debt by MKDP. That was in 2014. As per my usual self I continued to ignore them and they did go away. Then last October I started to receive letters from Robinson Way and a further default for the same debt appeared on my credit files from their parent company Hoist Portfolio Holding 2 Ltd (I now have 2 defaults for the same debt showing).

 

Robinson Way have been sending letters roughly once every 3 weeks to a month, which I have continued to ignore. This debt becomes statute barred in November. The last letter they sent was one where they said they were going to write to another address - one which is on my credit file which was put there by Motormile Finance, even though MMF have always dealt with me at my address and I've never lived at the other address, which also happens to be my next door neighbour. My neighbour and I don't speak - he's a neighbour from hell - and the last thing I want is them corresponding with him. He won't post any mail through mine, but will open it and gossip, so I don't really want that to happen. If Robinson Way have accessed my credit file to find the info about the other address they can see that there's nothing of mine at the neighbour's address anyway. All my credit history is on my address.

 

So, my dilemma is this. What do I do? I want to let this thing run so that it is statute barred at the end of the year. But at the same time I don't want RW to force my hand because of the other address they think they have. How can I make this run so it just times out without RW 'winning'? I need to know what I can do legally to delay them. I've never acknowledged the debt, and I'm so close to it becoming unenforceable. I don't know anything about RW so I need to know what I'm up against. Any advice is welcome, thank you.

[dx100uk]

Scan up the letter

[losingmymind]

Hi dx100uk,

 

I can't scan it, but this is what it says:

 

Dear Ms Bloggs

 

Previous address: Neighbour's address next door

 

We wanted to write to you at the previous address noted above, but have been provided this as a new contact address.

 

If you are the person named above. please contact us on the telephone number below between the hours of 8am and 8.30pm.

 

If you are not the person named above, please contact us to ensure we update our records.

 

Freephone 0800 085 2958

 

 

Yours faithfully

 

Customer contact manager

 

 

I can see that this is probably a phishing letter. However, they have been writing to me at my address about the debt until this one turned up and I have ignored their correspondence.

 

Am I panicking unnecessarily? Are they likely to try to doorstep me?

[dx100uk]

IMHO yes

[losingmymind]

Is that yes to the panicking bit or the doorstep bit?

[dx100uk]

so what

they are not bailiffs..

 

 

dx

[losingmymind]

I don't live in the most private of places and whenever there is a new face around asking where someone lives it gets the neighbours talking!

And people do need to ask where I live as it's a little out of the way. It's a small community. I try to avoid having DCs calling!

 

I received further communication from RW yesterday at my address, and it doesn't look like they're writing to next door.

They want me to set up a repayment plan with them - not likely!

 

 

I've also been mooching around the internet and called the National Debtline as it could just be that this debt is already statute barred

- I've just got to determine when Nationwide initiated the demand for repayment, the 'cause of action' apparently.

I believe it was during 2009, which means that 6 years have already lapsed.

 

 

The Nationwide started reporting a delinquent account on my credit file a full 17 months before they got round to reporting the default.

 

 

I'm sure they must have demanded payment within a month or two of reporting the account was in arrears.

Only one way to find out I guess.

 

Will initiating a request for a SAR wake them up to the fact that I'm still around, or are we past that now the debt is with a DCA?

[dx100uk]

DCA doorsteppers are very very rare

 

 

you could sar NW or simply let it run