Letter out of the blue Lloyds/Robinson Way

[theoldgit]

A friend of mine has just advised me that some letters have been sent to me at his home, where I stayed briefly some years ago.At my request he opened one of the letters, they are from MKDP advising me that an outstanding debt for a credit card balance has been assigned to them and any future correspondence should be sent to Moreton Smith Ltd.I did have such an account with the credit card company and whilst I haven't made a payment for well over six years I did correspond with them until about three years ago, their letters became more bizarre and they clearly were not reading my responses so I simply stopped writing.A little over three years ago I moved out of my friends apartment and notified the bank of my new address, neither address is in Europe.So they have written to me at my friends address despite the fact I have given them my current address, he is willing to put them in the post box marked "not at this address" or simply shred them. I am reluctant to keep writting to them advising them of my current address, but would welcome a view.

[theoldgit]

Regarding my post above, I did format it with paragraphs but these were lost when posting. I tried to add the paras with the edit function, to no avail.Is it me, or a problem with the system?

[cerberusalert]

It's the system, it only happens with some users tho'. I tend to double space the paras myself.

 

Just ask your friend to send them back marked 'Not At This Address'. When they were assigned/bought the debt they would have received your contact information from the bank, if they can't employ someone who can actually read then tough.

[theoldgit]

I recently received a statement of account in respect of a Lloyds TSB CC debt

that has been statute barred for a couple of years,

there hasn't even been any communication by either side for a few years.

 

 

The statement was sent by the latest in a long line of DCA's,

and was sent to an address I moved out of about fours years ago,

though the old address is still in this country,

 

 

the letter was poorly addressed, it didn't contain the city or even the country,

it did find me though took a couple of months.

 

 

It was from a DCA in Milton Keynes though posted in Switzerland.

This particular DCA did write to me at my current address about three years ago.

 

 

The letter does no more that outline the debt, it doesn't ask for payment.

 

 

Am I correct in thinking that this couldn't reset the SB clock,

even if it had been sent before the debt was actually SB?

 

 

I'm inclined just to ignore it, I suspect there's nothing to be gained by reminding them it's SB,

given that it was incorrectly addressed to a previous address

maybe I could just bin it and deny ever receiving it.

 

 

Would be grateful for any views, thank you.

 

 

Edit: I'm having trouble formatting this post,

it just appears as one long para, apologies if I can't correct it.

[reallymadwoman]

Nothing sent by a DCA could reset the SB clock. If it's already expired, nothing can reset it. If it hasn't, only an admission of the debt by you could reset it.

 

I would ignore unless they send something properly addressed and asking for something.

[i hate bailiffs]

Once a debt is statue barred nothing can un bar it

[unclebulgaria67]

Just hope for Data Protection reasons these statements do not contain your personal data.

 

No affect on stature barring. It is a requirement for debt owner to send a statement at least once a year.

 

You should make sure your current address is showing on official records such as credit reference agencies.

[ThedaBara]

What if they don't send an annual statement? Or if they have been sending it to the wrong address because you moved house?

[unclebulgaria67]

What if they don't send an annual statement? Or if they have been sending it to the wrong address because you moved house?

 

Has no affect if they are not sending or not received. But i believe it is a standard requirement by the FCA for creditors to issue regular statements. Whether the FCA has any power to take action against DCA's not issuing statements on the debts they have, i am not sure. Not seen anything written about this. Not as if a debtor is going to complain about a DCA not contacting them.

[steveab1]

I had the same sort of letter from MKPD of Milton Keynes. I don't know who they are but they claim to own the debt - well damn decent good of them for letting me know I still owe them money, I look forward to their next letter next year.

[citizenB]

Check your credit file to ensure that reporting of this debt has ceased.

[AndyOrch]

Introduced as part of the CCA 2006 amendments....

 

STATEMENTS TO BE PROVIDED IN RELATION TO REGULATED AGREEMENTS

 

Section 6: Statements to be provided in relation to fixed-sum credit agreements 23 Section 6 inserts a new section 77A after section 77 of the 1974 Act.

Section 77A will require creditors in regulated fixed-sum credit agreements to provide debtors with annual statements in the specified form, the first of which is required within one year of the day after the date on which the agreement was made.

 

24. If a creditor does not give the debtor an annual statement when required to do so, then he is not entitled to enforce the agreement during the period of his noncompliance and the debtor is not liable to pay any interest during this period.

 

These notes refer to the Consumer Credit Act 2006 (c.14)which received Royal Assent on 30 March 2006

 

The debtor is also not liable to pay any default sum (see note in respect of section 18 below) that would have become payable during the period of non-compliance or would have become payable after the end of that period in connection with a breach of the agreement occurring during that period. A creditor will not be required to give the debtor an annual statement if there are no further sums payable under the agreement.

 

Section 7: Further provision relating to statements

 

Section 7 inserts a new section 78(4A) after section 78(4) of the 1974 Act.

 

Section 78(4) of the 1974 Act requires creditors to issue statements to debtors setting out specified information in respect of running account credit agreements at intervals of not more than 12 months. Regulations made by the Secretary of State under the new section 78(4A) may require creditors to include specified information about the consequence of failing to make repayments, or only making minimum repayments, in statements issued under section 78(4) of the 1974 Act.

 

The new subsection (3) makes provision for the giving of statements under sections 77A (inserted by section 6 of the 2006 Act) and 78(4) of the 1974 Act where there is more than one debtor to whom credit is provided.

If there are two or more debtors, a debtor may provide a dispensing notice to the creditor so as to mean that the creditor is not obliged to provide a statement to that debtor. However, dispensing notices will not be effective if that would mean that no debtor will receive a statement under section 77A or 78.

 

Regards

 

Andy

[theoldgit]

Check your credit file to ensure that reporting of this debt has ceased.

How would I do that, I haven't had a UK address for well over six years, over eight in fact. The statement I referred to was sent to an old SE Asia address, the DCO in question, also MKPD, have written to me at my current address.

[citizenB]

Ah, I don't know how you would do that then tog ?

 

I will ask someone how you would do this.

[unclebulgaria67]

How would I do that, I haven't had a UK address for well over six years, over eight in fact. The statement I referred to was sent to an old SE Asia address, the DCO in question, also MKPD, have written to me at my current address.

 

You can obtain your credit record from abroad, but you have to do it in writing completing a form and sending proof of identity. If you check the Experian UK site it tells you what you need to do.

[theoldgit]

A bit of background I had an old LloydsTSB credit card, which I struggled to pay some years ago, and then to be honest I just gave up, I must have stopped paying in about 2006, maybe even earlier, though I don't recall ever getting a notice of default.

 

The last communication from me was in August 2008 notifying them of my change of address, it was a generic letter not really admitting liability, but I suspect that as was eight years ago any conceived admission would have been meaningless by now.

 

I had a letter from TSB in September 2008 offering a 60% discount on the debt this offer was sent to my old address, I didn't respond. In September 2011 I received an assignment notice from MKDP sent to my old address, I didn't respond. Today I had forwarded to me a letter from Robinson Way, it was sent to a previous address but with an incorrect post code.

 

They talk about a debt to HPH2 LTD (ex Lloyds Overseas). They say that they've been trying to contact me, I don't believe them, they then go onto list of things they may consider, asking for a CCJ to be issued, they can't as they know I live in SE Asia, sacrificing my first born, sending a report to a credit reference agency or phone me on the numbers they have on file.

 

My thinking is to totally ignore the latest template, is the correct approach, I'm assuming the five year old letter from MKDP wouldn't have reset the clock? Edit - I'm having a problem with paras.

Edited September 6, 2016 by maroondevo52
paras

[unclebulgaria67]

Ignore. Old statute barred debt they can't do anything with, apart from send letters. As you say, they know you are outside the UK, so they can't get a CCJ, unless they deliberately gave a court false information and then they would be wasting money on court fees they would never get back.

[dx100uk]

don't forget that hoist robbersway MKDP are all the same company now.

 

 

dx

[theoldgit]

Thanks for the advice guys, thanks also for combining the threads, I'd forgotten I'd asked the same question five years ago - it's an age thing.

 

 

I missed the bit about getting a credit report, I'll do it now, will DCA's be alerted to the fact that I've requested a report?

 

 

Thanks again.

[unclebulgaria67]

Thanks for the advice guys, thanks also for combining the threads, I'd forgotten I'd asked the same question five years ago - it's an age thing.

 

 

I missed the bit about getting a credit report, I'll do it now, will DCA's be alerted to the fact that I've requested a report?

 

 

Thanks again.

 

I think there is a different process for getting a UK credit report from abroad. I think you have to complete a form, then send it to say Experian with the fee required (£2 ?) and some form of identity. Have a look into it. I don't think you can just apply online from abroad.

 

When you complete the info required by the CRA, they will update your details. I think any update does trigger a report on your file that is accessed by debt companies who own your debt.

[theoldgit]

Thanks Uncle

 

 

I've actually carried out a Trust Online search on my old address which shows nothing on the CCJ front, I might still do an Experian one in due course, though you seem to be correct that it cannot be done online from overseas.

[theoldgit]

Another letter arrived today, it took six weeks as they, Robinson Way, used an incomplete old address, all credit to the local postal service that it actually found me, name, name of road and country.

 

This time they offered me a payment plan.

 

I've found an old letter where they offered to settle for a third of the amount claimed, that letter was dated August 2008, I wonder why they are sending letters again after all the years, maybe they think I will suddenly roll over.