Where Do I Stand?

[JustKia]

Back when I left school I had a loan with HSBC - around 1998, and a credit card with MBNA.

I'm not 100% sure about the HSBC loan but the MBNA card was paid off in full.

a year or so later I got a letter from them stating that there was an outstanding amount, which it transpired had occured due to them adding a charge on while my cheque was clearing. They agreed to remove that charge.

The following year a DCA contacted me about the same issue, I explained what had happened and that they had agreed to remove the charge.

This happened 3 or 4 times about 9-12 months apart and with the same outcome.

I haven't heard from them since about 2004.

 

In 2000 I ended up with a £300 debt with bank due to a (now ex) boyfriend taking my card and clearing out my account.

I explained the situation with the bank and have never heard from them since.

 

I'm guessing from what I am reading that the HSBC (if it wasn't paid off) and the £300 (for which I was never contacted again) are now statute barred?

 

About 2001 I took a provident credit for £500 and had to chase Provident to actually send a collector as they just didn't turn up.

I paid that off in full the same year.

 

Just recently I have received letters from "buchanan clark + wells" claiming that I owe £759 on a provident credit.

I had email correspondence and stated clearly that I do not acknowledge that debt as mine.

They asked then that I show them a completed payment book - which I was unable to do, due to the fact I have nothing from when I lived at that address reason being a break-in taking almost everything - my bedsit was cleared out.

They then suggested I get a "letter of satisfaction", although they were unable to suggest where I might obtain this as supposedly Provident have me "on record" as owing this debt...

I asked them to show me when that supposed debt was taken out and thus far they have not done so.

The man at bcw that I was dealing with told me he was going to look into the matter and would contact me again if any further details were required. That was on 12 July.

 

Yesterday 15 August I recieved a letter dated 10 August stating "Legal Notification" from bcw. I still do not acknowledge this debt.

 

Today I recieved the letter I know many are familiar with from Mackenzie Hall who claim to be "trying to contact me regarding a personal matter".

 

Where do I stand with bcw/provident? What actions can/should I take?

I'm guessing I ought completely ignore the MH letter, although my curiosity would love to know for what they are trying to contact me.

I'm guessing that it is probably to do with either the HSBC loan or bank overdraft; or MBNA (or rather the DCA's who bought the supposed debt) are trying to resurface the charge they agreed to remove.

 

I currently do not work due to physical and mental health issues.

I own very little besides my clothes.

I'm very concerned about them trying to send bailiffs or the like and that they may try to take things that I do not own - I live with a partner who supports me.

 

Any advice or suggestions greatly appreciated.

Thanks in advance (sorry for the essay)

Kia

[djdave]

Welcome, you've taken a good first step by posting here.

 

Firstly, the onus is on them to prove that you owe them money. They can't demand that you provide proof that you don't. There's a sticky with the OFT guidelines on Unfair Practice up top somewhere, have a good old browse through and familiarise yourself. You'll be amazed at how often DCAs breach this guidance.

 

Secondly, don't worry about baliffs. You're a very long way away from that. A DCA has the same legal powers as the guy who shoves pizza menus through your letterbox, and even in the highly unlikely event of one actually calling you've got every right to tell them to go away. Politely, like...

 

Next, don't have anything to do with these people by phone. I guess you're already worked that out as you say you've emailed them.

 

Now, you say that you took the Provident loan in "about 2001" and paid it off in the same year. Now in England a debt becomes Statute Barred after 6 years (5 in Scotland) so if you've not paid anything or acknowledged any debt in writing since then, the clock's almost up and this is possibly why they're starting to chase you now.

 

What you need to do is copy letter N from the templates library and modify it slightly to suit. Ensure (and this is REALLY important) that you include "I do not acknowledge any debt", and make it clear that if they genuinely believe there's a debt they should provide the supporting documentation or leave you alone.

 

Send it recorded delivery with the £1 fee, and also include the phrase "Please find enclosed cheque/PO number xxxxxxx for £1 in respect of the statutory fee. Please be aware that this should under no circumstances be set aside any alleged debt. If you are unable to supply the documents requested then you should return this fee." That way they can't later claim that the £1 was a payment and restart the 6-year clock.

 

Don't let these people bully you or get you stressed. Even if you DID owe them money, they can't take what you don't have. The one DCA I genuinely owe money to is currently scraping by on £1 per month!

 

Any more advice please post again, this is a great site which has helped me out so much this year. And do keep us updated.