Sorry in advance if this goes on a bit but I am trying to give the background behind all of this mess.

Up to 2004 I had my own sole trader business then I stared feeling financial difficulty due to companies not paying on time and some bad debts.

My Bank manager at Lloyd's seemed to support me through it all saying it was just a blip I had a good business and I needed to keep it going, I took his advice.

Some months later I was still having difficulties and asked to see my manager again, he again re-assured me and said that the best way forward as rates had come down was to do a new loan to clear off the old one and to cover the overdrafts too.

This was taking the loan to £29615.00

I was very concerned to say the least but he said look over the last 4 years what you have been putting through the bank its a good business let us help but you really need to sign this today. I asked how long it would take for the loan to be approved he said I have approved it just sign at it will all be sorted by end of business. I felt somewhat relieved but this was very short lived as within a few months I became very concerned as the business turnover was going from bad to worse.

I rang the bank and asked to see the manager again and voiced my concerns that I could not pay it back as I was having to close the business.

from a very nice manger for the last 3 years or so he became quite different saying well I will close the accounts but you need to pay the loan off asap,

I asked him did he not understand what I was saying over the last year as I could see what was going to happen but I took his advice which was to re-finance and to be honest I told him I had felt pressured into the last loans.

His response was you cannot make comments like that Mr ********* , I

said well I want to speak to a senior manager as I was not happy about the way in which the Bank had loaned the monies to me and would be making a formal complaint.

He immediately said look we don't need this kind hassle between the banks and customers just leave it with me the accounts will be closed with a zero balance.

Some months later I did receive a telephone call from Lloyds saying that the account was still outstanding I told them no its not its been settled as the account was put in dispute. I never heard anymore for ages maybe the odd 1 DCA trying which I ignored.

And then 2013 MKDP arrive on the scene saying that the account has been passed to them.

I immediately told them that I would not acknowledge a debt I d not owe as it was settled back in 2006 directly with the Bank and I have always disputed.

I have quite a few letters that I need to scan and put up so you can all see but the latest one is :-

Dated 07/11/13

" I write further to your recent communications with our collections dept with regards to the outstanding balance on your account.

I understand that you have advised us that this account was resolved several years ago and closed with a Zero balance. I can confirm that we have raised your concerns with Lloyds who has responded to provide us with the relevant account documentation. (copy of CCA and statements enclosed)

I refer to the statements of account enclosed , please see the "Transfer" on the 19th Jan 2006 where you account was reduced to a Zero balance as the debt was purchased by MKDP LLP.

Therefore we are the legal owner of this account and the debt remains outstanding.

Further to this see enclosed a copy of your signed guarantee, as stated this is a sole trader account you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment method regarding this account."

In Oct 2013 I received 2 demands from MK Rapid recoveries stating the normal scare tactics of bailiff's attachment of earnings , charging order etc etc even though since the beginning of this year I told MKDP that it was in dispute as I did not owe it.

The last payment I can see I made was in Jan 2006, so surely this is stateud barred ?

And to be honest I done believe that MKDP owed this since 2006 as I only got letters from them since about Jan 2013.

Any advice very much appreciated

Regards,

S

 

I refer to the statements of account enclosed , please see the "Transfer" on the 19th Jan 2006 where you account was reduced to a Zero balance as the debt was purchased by MKDP LLP.

Except if it was closed in 2006 with a zero balance, MKDP had not been assigned it at that point. Did you not say it was in 2013 they popped up ?

Was this loan secured on any assets - property, etc ?

Did you have to sign a personal guarantee ?

If neither of the above, then it looks to me as though this could be statute barred ?

However, I will ask others to comment.

There is a Transfer into the account on the statements on the 19.01.2006 but it just says transfer, after that interest was added on the 19th too of £255.70 then it showed 247.96 DR.

Then on the 25.01.2066 there was a payment looks like the last one I paid from my current account number then it went to a zero balance on the 25.01.2006

All I have is a poor copy front pages only of the fixed rate * non -cancellable loan agreement, which clearly states to re-finance existing loan.

No personal guarantees or security given or asked for.

I cannot recall anything ever from MKDP prior to 2013.

What should I reply a CRA request or a statute barred letter ?

should I ask for proof that they paid the Transfer in on the 19.01.2006 ?

Regards,

Si

I would wait until someone with more knowledge pops their head in.

Did you ever receive a default notice from the original creditor ?

Have you been receiving statements from the original creditor, prior to the assignment ?

I would wait until someone with more knowledge pops their head in.

 

Did you ever receive a default notice from the original creditor ?

No I do not think so but its a long time ago and I would assume that they did .Nothing has ever showed on my credit file for this loan to my knowledge.

Have you been receiving statements from the original creditor, prior to the assignment ?

No statements received from Lloyds regarding this account or anyone else until yesterday which were copies.

Ok MKDP and MK Rapid are one and the same ...also part of the company is Compello Operations.

Companies House Incorporation Date:

16/10/2009.

Debt is statute barred.

Regards

Andy

Thanks Andy

What response should I send as they keep trying to call me,

Regards,

Si

You dont...ignore until they issue a claim...then tell them its SB in your defence.

ok thanks

I am going to check my credit file again today to make sure nothing was entered but can I see things older than 6 years do you know ?

Si

Date of last payment/acknowledgement should be your main priority.

Date of last payment/acknowledgement should be your main priority.

Ok they just left another phone message to call to discuss shall I ask them for a full statement or just use the ones they sent me from Lloyd's ?

No dont ring them...if its important they will write.Send them a Section 77 request today and also DSAR...you should find the phone calls will then cease.

Regards

Andy

What is the 77 for ? I have a copy of the agreement and sorry but what is a DSAR ?

Si

Sec77 A request for the loan agreement...a DSAR is a Data subject access request fee is £10 and will supply all the transactions.

Sec77 A request for the loan agreement...a DSAR is a Data subject access request fee is £10 and will supply all the transactions.

ok Thanks Andy but if I already have a copy of the agreement that I signed even though its a poor photocopy should I only send the DSAR ?

If I send them a £10 fee for the DSAR would they not consider or use this as a payment towards the account ?

heard lots of stories how some DCA's have done this, Is it ok to send a cheques or do they still do things like a postal order ?

And I assume it goes to MKDP.

Si

ok Thanks Andy but if I already have a copy of the agreement that I signed even though its a poor photocopy (but have they got one?) should I only send the DSAR ? No both

 

 

If I send them a £10 fee for the DSAR would they not consider or use this as a payment towards the account ? No you mark it that payment is for the DSAR only and not to be accepted as any credit or acknowledgement to the alleged debt

 

 

heard lots of stories how some DCA's have done this, Is it ok to send a cheques or do they still do things like a postal order ? Postal Order

 

 

 

 

Si

Andy

ok thanks Andy

Will search for the templates now

Si