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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I have received a county court claim form from a 3rd party

Resolved Question:

I have received a county court claim form from a 3rd party debt collector trying to collect an old Barclay card debt going back to 2010 which was cleared by a NOVATION agreed by default when carrying out my instructions in cashing my cheque for £10 Included with my cheque was a letter stating that on cashing my cheque they agreed the debt would be ajudged to be in full and final payment The cheque went through my account around 15/03/2010.
I have received many 3rd party debt collectors letters relating to this matter over the period of this time which i have ignored and it seems they are passing on to other companies if they are unable to collect what they say I owe. I have never responded to any 3rd party company either verbally or in written form.
The 3rd party debt collector is a UK company MKDP LTD but the claimant is a Jersey Co HOIST PORTFOLIO HOLDING 2 LTD.
I firmly believe what I did was 100% legal and ethical as both myself and Barclay have an agreement.
What should I do next?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Roman, you should formally write back to the UK debt collection company MKDP Ltd and firstly state that there was a novation of the debt agreed with Barclays and that the monies are no longer owed and have not been owed since 2010. secondly, you should include in the letter a further statement to the effect that any monies due and owing are not Statute Barred under the Limitation Act 1980 owing to the lapse of time.

Expert:  Buachaill replied 1 year ago.

2. Basically what has happened here, is that this company MDKP Ltd has purchased and debt on the basis it is still owing. However, the money they paid for that debt was wrongly paid as the debt is no longer owing. So, you should make the debt collection company aware that someone sold them a bogus debt and get them to take it up with whoever sold them the debt.

Expert:  Buachaill replied 1 year ago.

3. Please Accept and Rate the answer as unless you do so your Expert will not get paid for answering your question.

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Customer: replied 1 year ago.
Thank you so much, this has eased my mind considerably.