Debt Mangement Ltd Nearly Statute Barred Please Help

[Quality Bird]

Hi Guys

 

I am new to these forums, but have had a bit of a look around. I wouldreally appreciate some help please, I have got myself into a bit of a pickle.

 

I had some debts previously which all became Statute Barred before July thisyear.

 

My problem is that I have received 2 letters from a company called DebtManagement Ltd.

 

The 1st letter said that they were trying to contact me about a debt andthat if I ignored the letter that they would assume that they have located thecorrect person (I ignored the letter).

 

The next letter I received today which had the header ‘Doorstep Agent Visit’. It states that they will instruct ourdoorstep agents to call at your address to discuss arrangements for the full amountowing.

 

It is for Arrow – MBNA for just over £3000.

 

I did previously get myself into some financial difficulty and as a result Ihad a few debts all of which became Statute Barred before July this year.

 

I have checked on Equifax and this debt is listed, but I have confusion onthe SB status. I last made a payment in May 2006, then 1 payment late in June2006 and then late payments through to 5 late payments in October 2006. In November and December 2006 it says on myfile AP (Arrangement to Pay). The default was put on my file in January 2007.

 

I am 95% sure that I didn’t make any arrangement to pay at that time,however I can’t be 100% sure!!

 

I am worried about this doorstep visit and need some advice.

 

Does anyone think that this debt may already be SB?

 

Should I ignore the letters or is there any way of stalling them until I canbe sure that it is SB?

 

I am a single parent on benefits and have no way of finding £3000.

 

Thank you so much in advance QB

[citizenB]

You need to establish when the last payment was made. Statute barred is from the first payment missed when it should be due + 6 years.

 

There have been some instances where "phantom" payments are claimed by the DCAs.. ..

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

If you truly believe the debt is statute barred, then send the SB letter from the CAG library and let the DCA prove otherwise.

 

HTH.

[citizenB]

You have no need to be concerned about a "doorstep visit". In most instances, they are just threats - especially as the OFT say that unless they make an appointment, then they have no right to simply turn up.

 

Even if they do, they have no right of entry. You do not have to answer the door to them, or speak to them. In fact, if you print off the "Do not visit me" letter from the CAG library, you can simply hand it to whoever does call.. if they do.. and ask them to go away.

[Quality Bird]

Thanks for your replies, I was mainly concerned about the AP markers on my credit files and wondered if this was just a way that they bide they're time before issuing the defult.

 

I will definately print the Do Not Visit Letter.

 

I was concerned about the Stat Barred letter incase they have some proof that I made an Arrangement to Pay in Nov / Dec, is this letter an admission of the debt?

 

Thanks QB

[citizenB]

The only other thing you can do is to send the letter requesting proof that the debt is actually yours.. there is a letter in the CAG library for that purpose. Then if they come back with say a signed agreement or other evidence the debt is yours, you could possibly work out whether or not it is statute barred !

[Quality Bird]

Thanks for that I was just finding my way round the Library

QB

[Quality Bird]

On the doorstep letter it states about telephone calls

 

"Please be advised that I will only communicate withyou in writing. I have noted your repeated attempts to contact me by telephoneover the past few weeks/months and these have been duly logged by time anddate."

I haven't received any telephone calls, shall I just delete this paragraph? Do I need to replace it with anything?

Thanks QB

 

 

[dx100uk]

no i'd leave it in.

 

if you last paid june 2006 its sb'd

 

end off

 

bye bye debt

 

dx

[Quality Bird]

Thank you

[rdm2006]

You say in the initial post that your last payment was dec 2006 so it wont be SB until dec 2012 and as the default was not put on until Jan 2007 then that will drop off your credit file Jan 2013

[Quality Bird]

No sorry if this is unclear, the last payment to my knowledge was May 2006, but my credit file has listed 'Arrangement to Pay' in November and December 2006, I don't believe that I made any arrangements to pay and it doesn't say that I have made any payments. I was wondering if the AP was listed to buy the OC time before issuing a Default (although I don't know why they would).

[dx100uk]

AP is worse than a default

as it never goes away.

 

if you look on noddle

 

it has payments listed

 

when was the last one?

 

dx

[Quality Bird]

You've got me really worried now,

I tried attaching a screen dump of my payment history off Equifax but it wont let me.

 

How do these AP's stay forever?

 

Do they not drop off after the 6 years?

 

They were before the default.

I dont know what Noddle is.

[Quality Bird]

My Payment History reads:

 

2004 - May 2006 - Up To Date

June 2006 - 1 Payment Late

July 2006 - 2 Payments Late

August 2006 - 3 Payments Late

September 2006 - 4 Payments Late

October 2006 - 5 Payments Late

November 2006 - AP Arrangement to Pay

December 2006 - AP Arrangement to Pay

January 2007 - Defaulted Account

 

Hope this helps

 

QB

[Hardupnotfedup]

Write to them asking for proof the debt is yours, if you have on line banking do your statements go back that far to see when the last payment was made.

[dx100uk]

You've got me really worried now,

I tried attaching a screen dump of my payment history off Equifax but it wont let me.

 

How do these AP's stay forever?

 

Do they not drop off after the 6 years?

 

They were before the default.

I dont know what Noddle is.

 

see below

noddle is a CRA

 

but they often not only give a monthly STATUS marker on the debt [as you have listed above]

 

they also often actually SHOW what monetary payments you made in the debt history via the down arrows.

 

as for the AP

 

you are lucky

 

you've got the a default marker

regardless of what the file holds

the WHOLE debt will vanish on the defaults 6th birthday.

 

its a nasty common trick the some mark the account AP

and do it every month

the account never goes off your file

esp if you ARE paying.

 

dx

[Quality Bird]

I have only just opened a Bank Account this year,

I haven't had an account since 2006, so no Online Banking to check unfortunately.

 

I have sorted out the doorstep letter and the Prove it Letter,

I was holding off sending it just to buy some more time,

 

I was going to send it 2nd Class Recorded next Wednesday.

 

Or would you advise that I should send it immediately?

I appreciate your help

QB

[Quality Bird]

Thanks for that DX

[dx100uk]

darn so you cant even get the free report from noddle?

 

no credit/debit card registered at your address?

 

dx

[Quality Bird]

Yeah, I opened a bank account in January, so I have a debit card now.

I have checked on my Equifax report and both of my Bank accounts defualted in 2006, one was July and the other was August, so I wouldn't have been able to use them to make any payments to this debt.

I'm pretty sure that I didn't write to anyone to arrange any payments to this debt.

QB

[dx100uk]

go get that noddle cra file

it will tell you

use your debit card.

 

dx

[Quality Bird]

Checked Noddle but the info, it has the same.

 

This is showing in closed accounts for MBNA

 

October 06 - S / BB - Sustained Arrears - Payment was upto 5 Months Late

November 06 - S / AR Arrangement to Pay - Payment was upto 5 Months Late

December 06 - S / AR Arrangement to Pay - Payment was upto 5 Months Late

January 07 D / DF Account has Defaulted - Default

February 07 D /DA Account has Defaulted - Debt Assigned

 

Then it shows again under Arrow as Creditor from July 07 until Now:

D / DF Account has Defaulted - Default

 

Is it likely that they have fabricated the AP? I didn't have a Bank Account open at the time, so I don't think I could have arranged anything.

 

Thanks QB

[citizenB]

My Payment History reads:

 

2004 - May 2006 - Up To Date

June 2006 - 1 Payment Late

July 2006 - 2 Payments Late

August 2006 - 3 Payments Late

September 2006 - 4 Payments Late

October 2006 - 5 Payments Late

November 2006 - AP Arrangement to Pay

December 2006 - AP Arrangement to Pay

January 2007 - Defaulted Account

 

Hope this helps

 

QB

 

Write to them asking for proof the debt is yours, if you have on line banking do your statements go back that far to see when the last payment was made.

 

 

Hmm, that looks very dubious to me. I would want proof that I had indeed "made and arrangement to pay". I suspect that has been put in to cover themselves !!

 

They have entered "Arrangement to pay" around the time a Default Notice would usually be issued !

 

I would send a Subject Access Request to the original Creditor - ensure that one of the items requested is the Communications log/Diary of Events. There needs to be an entry on their log around the date that AP appears.. showing how the arrangement was entered into.. by telephone/letter. In which case you would then be looking for either a transcript of the call or a copy of the letter !!

[dx100uk]

Checked Noddle but the info, it has the same.

 

This is showing in closed accounts for MBNA

 

October 06 - S / BB - Sustained Arrears - Payment was upto 5 Months Late

November 06 - S / AR Arrangement to Pay - Payment was upto 5 Months Late

December 06 - S / AR Arrangement to Pay - Payment was upto 5 Months Late

January 07 D / DF Account has Defaulted - Default

February 07 D /DA Account has Defaulted - Debt Assigned

 

Then it shows again under Arrow as Creditor from July 07 until Now:

D / DF Account has Defaulted - Default

 

Is it likely that they have fabricated the AP? I didn't have a Bank Account open at the time, so I don't think I could have arranged anything.

 

Thanks QB

 

i think you should post these pages up

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

on the report page

 

under where it give the list stutus history

is there not one that says balance history with a down arrow

 

then a further list with another arrow giving payment history?

 

on my old MBNA cards there is

 

dx

[Quality Bird]

Thank you,

I thought it seemed dubious!

I will send a SAR, is that one that I need to send £10 with?

Just getting a bit confussed reading too many of other peoples threads.

 

I was thinking of just ignoring the letter to see if anything happened