Kearns calling on old debt (Link?) MBNA card debt

[DearPrudence]

Hello everyone, I'm posting this as a heads-up for others as much as a call for help.

 

I walked away from some debts 6-7 years ago, so all s-b and I've heard very little (the occasional half-hearted phishing letter). I am living credit-free and within my means.

 

The exception was an MBNA debt which went to Link, who got a CCJ in the autumn of 2011.

 

 

I'd hoped to counterclaim on their outrageous charges and horrible harassment but I'd failed to do my homework properly, so I lost.

 

 

The court did set the repayments at £10 a month for evermore (on £6000), which I pay by standing order. It's down to £5k+ now.

 

 

Link send a "summary" every 6 months stating that I'm in arrears and the total is due, I don't pay it any heed.

 

 

They have called once or twice since 2011 asking if I'm "happy with the payment arrangements" and I've said, "yes, thanks".

 

 

As I understand it, the CCJ will disappear from my record by the end of this year, and I see no advantage in paying them any sooner;

I'm effectively getting an interest-free loan from them,

and my hope is that they'll go out of business before I've paid it all off.

Also, I don't want to give them the chance to say I haven't complied with a court order.

 

I've had two messages left by Kearns in the past fortnight,

out of the blue, seemingly, although I'm guessing that as I've recently been credit-checked for job applications, this may have triggered something.

 

 

They've called with numbers withheld, asking me to call them urgently.

 

I hadn't heard of Kearns, so looked them up on here and learnt that they are part of Link.

 

I'm guessing that I should ignore and wait for them to write to me.

I wish I could say I'm not bothered but I am curious and my blood pressure actually shot up this morning.

(It's going down, typing this. Taking back control, something CAG has taught me well.)

 

I wonder whether they are hoping to trick me into making a new payment arrangement (which would invalidate the court's agreement, wouldn't it?)

or are fishing to see whether I'm working now, and/or want to make a deal

- final payment in return for removing from my credit file

(I don't know that that's even an option, as a CCJ is a public record).

 

 

The other possibility is that they're calling on spec regarding other old debts, but anything else is statute-barred.

 

So ... wait for the letter, I guess?

Can I stop them calling?

They've called just before 9am,

so I've had my phone off, and I'm prepared for any "no caller ID" calls.

 

 

If they catch me, will ask them to put anything they have to say in writing.

 

Should Kearns be reading, and working out who they've been calling this week:

my circumstances haven't changed, but feel free to write to me.

 

 

The contents of your letter will be shared with my friends on CAG for info purposes.

[dx100uk]

link/kearns should not be using a withheld number

I seem to remember they were fined or something by the FCA for doing this.

 

quite honestly 1 wouldn't entertain them at all.

 

why don't you get an sar off to MBNA and get all the statements

 

then you can reclaim the penalty charges and the PPI

twill wipe the debt out I bet.

 

dx

[DearPrudence]

Hiya dx, thanks.

I did get all the statements at the time of the CCJ and went through marking all the interest and charges, and totalled them;

but the court didn't entertain them, and made judgment including all the charges.

 

(The judge actually said "you can't behave like this!" to me and cut me short.)

 

I don't think I could overturn that now?

I never had PPI with them.

 

 

I've sort of taken it on the chin, some you win, some you lose, but having a CCJ has made it difficult for me to get work, so for that, I regret not handling this one better and being more prepared.

 

 

Still, come the end of the year it should be off my record.

 

 

The last firm I applied to said that having a CCJ would not be a bar, but concealing it would.

They still didn't hire me, but it's a very competitive job market right now.

 

Back to Kearns

- interesting that they shouldn't be using a withheld number; more ammunition should they catch me on the hop.

[dx100uk]

reclaim against MBNA nothing to do with what the judge said.

 

 

use our search CAG box of the top red toolbar

 

 

MBNA penalty fees reclaim

[DearPrudence]

Really? OK, thanks. I've not always felt up to it (you know how easy it is to feel overwhelmed by this stuff) but am in a good place now.

[fkofilee]

My advice in this situation... Let them ring and then ask them what it is about.

Record the call though and then come back here If it is the same account subject to a CCJ then they can go Foxtrot Oscar - They maynot be the claimant for one. and for two, judge set a payment arrangement that you have adhered to... They are probably trying to chance fate here.

 

That £10 a month you've been paying is paying for 1 round of drinks for the directors at XMAS...

[dx100uk]

if its a link CCJ they will be the claimant sols or acting for them

[DearPrudence]

Thanks guys.

 

The other lot who've appeared out of the woodwork are Ruthbridge acting for Egg; a couple of letters telling me I need to contact to avoid action. That is way over the sb period so not concerned, I may just add a line to an existing thread on them.

[dx100uk]

yes do that there