Debts sold to various companies who wont deal with me properly

[Crutey]

Hi guys, firstly sorry if this is the wrong section but im a bit lost!

 

I have been attempting to deal with my defaults on my own but seem to continuously hit brick walls so i was hoping for some help.

 

I have some large defaults on my credit file. A company called Mkdp LLP currently own them according to my file.

 

One is an HSBC credit card for a little over £5k, this appears twice. Once for HSBC and then again for Mkdp in a slightly higher amount which i assume is due to the addition of their fees. To me it seems obvious that one or the other of these should be removed as they refer to the same original debt?

 

The HSBC record shows agreement date in 2003 and a default date in May 2011. The Mkdp record shows the same original date of agreement but lists the default as in October 2011.

 

The next debt was originally a Barclaycard which I owed just under £8k to when I defaulted. The record shows that the agreement date was February 2005 and the default was November 2011. It states the original balance was for £11,905. Much much more than I owed prior to defaulting.

 

The final thing on my file is for £1513. It is for a bank account but im unsure if its HSBC or Santander as I had trouble with both back then. It shows an agreement date of April 2007 and default date of January 2012.

 

I have had many letters from Mkdp and other DCA's regarding these amounts over the years. I attempted to have HSBC either take the debt back or remove their default to no avail. I also pointed out to Mkdp that they could not provide me with the correct notices for assignment of the debts but to be quite honest I gave up after a while. I just thought if i ignored it for long enough they would all become statute barred.

 

I have today received a letter from Hoist Portfolio Holding 2 Limited (Ex HSBC) regarding the fact that they are collecting a debt of £5968.70 (the exact amount of the Mkdp debt) stating they have bought the debt rights title interest etc from Mkdp.

 

So i guess my question is how do I get the double entry on my file removed. Second question how do I go about dealing with them or do I just tell them the debts are statute barred and ignore them for another few months?

 

Thanks a lot for any help you guys can provide

[fkofilee]

Great Hoist Portfolio and MKDP ....

 

MKDP are Hoist, purchased a while ago...

 

First off, why not send of some CCA Requests... I wonder if they will get anything, as its pre 2007, infatc its 12 years... Thats a long time,...

They might not have anything at all...

[Crutey]

So am i right in thinking if I send CCA's and it turns out they dont have those records they will be obliged to write the debts off?

 

Thanks for your help btw

 

Also it all seems very dodgy to me. If Hoist Portfolio and MKDP are the same company then why does this letter say Hoist bought the debt off Mkdp?? So shady these debt companies!

[unclebulgaria67]

So am i right in thinking if I send CCA's and it turns out they dont have those records they will be obliged to write the debts off?

 

Thanks for your help btw

 

They just won't chase as enforceable debts without any CCA available. They won't write off and may sell them on.

 

But at least a CCA req should be able to confirm the position.

 

Also it all seems very dodgy to me. If Hoist Portfolio and MKDP are the same company then why does this letter say Hoist bought the debt off Mkdp?? So shady these debt companies!

 

Sometimes one is the debt buyer and the other is the debt collecting arm.

[Crutey]

Ok thanks for your help. I will send a CCA on each of the debts to start with. I assume i send a seperate one for each debt even though they are owned by the same company? Also do I send one to HSBC too?

[fkofilee]

You dont send ANYTHING to HSBC yet... But there could be lots of charges you can claim back...

If need be, send a CCA Request & £1 Postal Order per debt to the DCA... And await there response.

[unclebulgaria67]

Ok thanks for your help. I will send a CCA on each of the debts to start with. I assume i send a seperate one for each debt even though they are owned by the same company? Also do I send one to HSBC too?

 

Yes one req for each debt

[Ruleoflaw]

Debt companies can sell debts to other companies for pence in the pound.

 

 

What this means is that the original company whom you had contracted with transfers the benefits and obligations to the debt purchasing company.

 

 

Whilst this is clearly scandalous, it is what it is.

 

 

I believe the statutory barring period is 12 years where the creditor has taken no steps to claim the balance you owe to them

 

 

What I would say, if you have a property, ie home, commercial business, the creditor will apply for a property (land) charge (legal interest in your home/ business' land).

 

 

Whatever assets you have are at risk.

 

 

If you don't want the bailiffs coming to you and invading your privacy, if I were you I would seriously consider paying off your debt otherwise

the creditor will take you to court and add all types of interest.

[AndyOrch]

Debt companies can sell debts to other companies for pence in the pound. What this means is that the original company whom you had contracted with transfers the benefits and obligations to the debt purchasing company. Whilst this is clearly scandalous, it is what it is. I believe the statutory barring period is 12 years where the creditor has taken no steps to claim the balance you owe to them. What I would say, if you have a property, ie home, commercial business, the creditor will apply for a property (land) charge (legal interest in your home/ business' land). Whatever assets you have are at risk. If you don't want the bailiffs coming to you and invading your privacy, if I were you I would seriously consider paying off your debt otherwise the creditor will take you to court and add all types of interest.

 

6 years England and Wales... 5 in Scotland Ruleoflaw ...12 years is on Mortgage and secured land agreements

 

Regards

 

Andy

[sillygirl1]

Creditors can only apply for a charging order AFTER the debt has gone to court and a CCJ obtained - they cannot automatically get a charging order 'just like that'.

[Ruleoflaw]

Removed

Edited November 8, 2015 by Ruleoflaw

[fkofilee]

Removed

 

Sounds like someone from Hoist is taking a Sunday afternoon at work

[Bazooka Boo]

Also it all seems very dodgy to me. If Hoist Portfolio and MKDP are the same company then why does this letter say Hoist bought the debt off Mkdp?? So shady these debt companies!

 

Because that is how they operate, they attempt to exploit a debtors lack of knowledge by using different trading names of the same company.

 

If you look at the footer of their puerile missives you should see that MKDP are a trading style of Hoist Portfolio, or words to that effect.

 

Purely designed to be deliberately misleading and confusing to the lay man.

 

(I'm hoping ruleoflaw can impart some more of his wise words )