Barclaycard MKRR threatening legal action

[nightwatch]

I know lot's of you are getting letters from MKDP/MKRR/Keynes so thought I would put this one in one place for you all to see you are not alone

OK people anyone reading my diary knows the story so far for those that haven't a quick recap;

Card taken out 1999
defaulted 2002 & 2010 but got 2nd one removed
balance£3,681
sent for CCA 2010 received a TINY copy of some T&C that they say would have been inforce at the time of opening
sent for another CCA to CSL 2013 they cashed the fee but I have received nothing since

2014 account sold to MKDP, sent SWID, received letter from MKRR demanding payment,
received letter from MKDP stating they cannot supply me with a copy of the credit agreement and that they accept that they are prevented from enforcing the agreement while this state of affairs continues.
They point out that even though they cannot currently enforce the agreement their rights continue to exist under the agreement, i should continue to pay the debt that has accrued on the account.
they point out that they can and will continue to take any action SHORT of enforcement and requesting payment from you.
They refer me to McGuffick v RBS(2009) EWHC2386 in which it was held that none of these steps constituted "enforcement" for this purpose.

received another letter from MKRR demanding payment or else they would consider court action.

sent letter to MKRR pointing out that No CCA has ever been received for this alleged account and that MKDP ( the same company) had written and said no enforcement action can be taken, yes they can ask for payments but they cannot force anyone to pay.
2015
today I have received the following 3 letters;

1) dated 2nd Jan from MKRR FINAL NOTICE As their offer of help was not taken up and as a legal requirement, they must now inform me that they are instructing their per legal department to review the account for further action
They may commence litigation against me which could increase the amount payable due to costs incurred inline with your agreement what agreement you can't find one to send to me!!
Should the matter proceed and a court judgement is obtained against me they could take a charge against your property long way off, joint ownership only a restriction and that's only if they get a CCJ and I don't pay
or have monies deducted from your salary , Zero hour's contract I can be unemployed at any time
It's not to late to resolve this matter please contact us.

2) 5th Jan, Mkrr. Dispite previous communication from us, in which we have made offers to agree payment solutions that suit your financial circumstances, you have not made full payment or arranged a payment plan, ( they have only ever demanded I call or make full payment or else)
they have no option but for the account to be referred to Keynes Collections for litigation consideration to resolve this on our behalf, any further action that is taken may result in additional fees and charges being applied to the account.
In order that we may reach an acceptable outcome I need to contact them with out delay, as in 7 days time the escalation team may take appropriate further action.

3) 6th jan, MKDP, they again send me a letter stating that they are unable to provide me with a copy of the credit agreement and that they are PREVENTED FROM ENFORCING THE AGREEMENT and that they can and will take any action SHORT OF ENFORCEMENT and requesting payment from me.

totally chuffed off with this lot now; should I sent the Threat of LIt template and do you think a complaint to FCA over their litigation threats to obtain money may do any good

[Pixie]

Re: Barclaycard MKRR threatening legal action

The left hand obviously doesn't know what the right hand's doing. I'd send threat of litigation just to be on the safe side. As to whether a complaint to FCA will do any good who knows with the FCA? I'd certainly try, MKDP/MKRR are definitely trying it on.

[nightwatch]

Re: Barclaycard MKRR threatening legal action

Morning all,
today I have received the "NOTICE OF INTENDED LEGAL ACTION" from Keynes,letter dated 9th Jan,(taken 8 day to get here)They say I have failed to respond to previous correspondence, so I haven't pointed out that MKDP LLP say the account is unenforceable, which they have told me twice.
in it they talk about the agreement I had with Barclaycard which was assigned to MKDP LLP and which I have defaulted and this is the reason MKDP LLP have instructed them to collect the outstanding balance.

will send threat of Lit to Keynes on Monday with one line added that MKDP LLP have written twice to say they cannot enforce
should I enclose a copy of MKDPs letter?

[Undercover Elsa]

Re: Barclaycard MKRR threatening legal action

Yes, definitely enclose it, and point out that despite the contents of their letter you have clearly been corresponding, and a copy of a response to your correspondence is enclosed, confirming that they are unable to comply with your CCA Request.

What a set of idiots!

[SaltnVinegar]

Re: Barclaycard MKRR threatening legal action

Morning all,
today I have received the "NOTICE OF INTENDED LEGAL ACTION" from Keynes,letter dated 9th Jan,(taken 8 day to get here)They say I have failed to respond to previous correspondence, so I haven't pointed out that MKDP LLP say the account is unenforceable, which they have told me twice.
in it they talk about the agreement I had with Barclaycard which was assigned to MKDP LLP and which I have defaulted and this is the reason MKDP LLP have instructed them to collect the outstanding balance.

will send threat of Lit to Keynes on Monday with one line added that MKDP LLP have written twice to say they cannot enforce
should I enclose a copy of MKDPs letter?

Quick question - check the date of the letter from Keynes and see if it is dated less than 7 days from the MKRR letter of the 5th Jan (i.e. on or before the 12th) because MKRR stated they were going to pass the account to Keynes. If so then you also have them on the fact they have prejudiced you by not giving reasonable time to reply.

Yes, definitely enclose it, and point out that despite the contents of their letter you have clearly been corresponding, and a copy of a response to your correspondence is enclosed, confirming that they are unable to comply with your CCA Request.

+1 something along the lines of:

Firstly I suggest you take note as copy of this correspondence is being sent to the Financial Conduct Authority (FCA) due to your aforementioned letter stating that I “have failed to respond to previous correspondence”.

This statement is factually untrue, and with respect, is an outrageous lie. I contacted MKDP LLP on receipt of their very first letter, and they have, in fact, received letters (all sent via recorded delivery) dated the following:

xx/xx/xxxx

Just add in dates of when you wrote to them. Establish that they cannot be trusted to be truthful and it will put them on the back foot immediately.

[Undercover Elsa]

Re: Barclaycard MKRR threatening legal action

The FCA won't look at anything until a Formal Complaint has been made and a final response received, which they know, so if it was me I'd simply state that their statement is inaccurate and misleading, as you have recorded delivery receipts to prove that you have responded, together with the enclosed response from MKDP confirming that they cannot enforce. Suggest that they refer back to their client before making further spurious legal threats, otherwise you will make a formal complaint and refer the matter to the FCA if you do not receive a satisfactory response.



Always be aware that at some stage a judge might read your letters

[SaltnVinegar]

Re: Barclaycard MKRR threatening legal action

The FCA won't look at anything until a Formal Complaint has been made and a final response received, which they know, so if it was me I'd simply state that their statement is inaccurate and misleading, as you have recorded delivery receipts to prove that you have responded, together with the enclosed response from MKDP confirming that they cannot enforce. Suggest that they refer back to their client before making further spurious legal threats, otherwise you will make a formal complaint and refer the matter to the FCA if you do not receive a satisfactory response.

The FCA won't investigate indivual complaints, however a little birdy told me that any complaints sent to consumer.queries@fca.org.uk about regulated firms are monitored and if enough are registered can trigger an investigation. A DCA making spurious claims, contrary to CONC guidelines, could call into question their suitability to be holding a CCL, therefore anything that could become a thorn in their behind is useful.

Always be aware that at some stage a judge might read your letters

Absolutely - all the more reason to call them out with their potty mouth deceit - potentially could also call into question the accuracy of any witness statement that would be made.

[Undercover Elsa]

Re: Barclaycard MKRR threatening legal action

I quite agree SnV.
Nonetheless to further your own personal case it needs a final decision to a Formal Complaint, hence I would have worded it slightly differently, and personally wouldn't use the phrase "outrageous lie" in any legal letter.

But that's just my own opinion

[SaltnVinegar]

Re: Barclaycard MKRR threatening legal action

and personally wouldn't use the phrase "outrageous lie" in any legal letter.

Is complete bullsh#¢∞# any better?

[MrsD]

Re: Barclaycard MKRR threatening legal action

I had one of these that got right to a Scottish solicitor despite having ample proof and admissions that there was never any paperwork. I truly believe that the office junior was just following process blindly. I used a big complaint at the top and send a wodge of copies of letters and suggested in no uncertain terms that they read it.

letter back within a couple of days, sending back to MKRR sweat wiped off brow

[Undercover Elsa]

Re: Barclaycard MKRR threatening legal action

Is complete bullsh#¢∞# any better?

That's the one!

[SaltnVinegar]

Re: Barclaycard MKRR threatening legal action

I quite agree SnV.
Nonetheless to further your own personal case it needs a final decision to a Formal Complaint, hence I would have worded it slightly differently, and personally wouldn't use the phrase "outrageous lie" in any legal letter.

But that's just my own opinion

If you think either of my previous suggestions too blunt perhaps:

I wish your quest in the accuracy of your templated customer correspondence vernacular equal success in the quest to furnish me with the legal provisions of information with which I have repeatedly asked of you

Or stop telling porkies and FO!

Either way just give them a

[PlanB]

Re: Barclaycard MKRR threatening legal action

today I have received the "NOTICE OF INTENDED LEGAL ACTION" from Keynes,letter dated 9th Jan,(taken 8 day to get here)They say I have failed to respond to previous correspondence, so I haven't pointed out that MKDP LLP say the account is unenforceable, which they have told me twice.
in it they talk about the agreement I had with Barclaycard which was assigned to MKDP LLP and which I have defaulted and this is the reason MKDP LLP have instructed them to collect the outstanding balance.

Do you think that might have been a formal Letter Before Action from Keynes not an idle threat?

Was it the same wording as puppets' letter here which referred to Pre-Action Protocol and CPRs?

That sounds like a Letter Before Action to me so I would send something stronger such as this: http://www.all-about-debt.co.uk/inde...ction-response

Keynes are MKDP's in-house litigation team and they do carry out their threats. I got two county court summons from them at Christmas.

They mean what they say especially since they've referred to Pre-Action Protocol and CPR Annex A para 4 in that letter you've received:

23rd Jan 2015 letter from KEYNES COLLECTIONS NOTICE OF INTENDED LEGAL ACTION, as we failed to respond to MKDP , formal demand in accordance with the Practice Direction Pre Action Conduct of the Civil Procedure Rules, attention drawn to para 4 of Annex A concerning courts power to impose sanctions for failure to comply.....Pay up within 14 days or agree payment plan else legal action MAY be taken .....

[Deepie]

Re: Barclaycard MKRR threatening legal action

Do you think that might have been a formal Letter Before Action from Keynes not an idle threat?

Was it the same wording as puppets' letter here which referred to Pre-Action Protocol and CPRs?

I think this situation is different ......

Morning all,
today I have received the "NOTICE OF INTENDED LEGAL ACTION" from Keynes,letter dated 9th Jan,(taken 8 day to get here)They say I have failed to respond to previous correspondence, so I haven't pointed out that MKDP LLP say the account is unenforceable, which they have told me twice.
in it they talk about the agreement I had with Barclaycard which was assigned to MKDP LLP and which I have defaulted and this is the reason MKDP LLP have instructed them to collect the outstanding balance.

will send threat of Lit to Keynes on Monday with one line added that MKDP LLP have written twice to say they cannot enforce
should I enclose a copy of MKDPs letter?

[PlanB]

Re: Barclaycard MKRR threatening legal action

It depends on what the letter actually said.

Writing direct to MKDP doesn't necessarily mean that Keynes know about it. I have 42 letters on file between me and MKDP/MKRR but that didn't stop Keynes issuing a summons (or two)

Hey, I don't want to alarm anyone, I just wanted to know if the letter was the same as puppets referring to Pre Action Protocol and Annexe A Para 4.

You can never be too careful with MKDP