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  • #31
    Re: SaltnVinegar v MKDP

    Originally posted by SaltnVinegar View Post
    Latest missive from MKDP - they seem certain that they have fulfilled the requirements of the Act. What they fail to mention is that they have to provide a true copy, and that they have missed this point as there is no way it can be a true copy if it has a wrong address, and the address on the t&c's do not match either...

    [ATTACH=CONFIG]18320[/ATTACH]
    I'm going to guess the second page of that letter ended by telling you your right to go to the FOS within a maximum of six months and it would have enclosed the FOS leaflet.

    The letter doesn't need a response from you (unless it said something else in the last paragraph).

    How far to SB with this debt?

    When I got one of those letters I simply wrote back to say that I was disappointed they continued to maintain that they had complied with my CCA request when they hadn't, but noted that I had six months to refer the complaint to the FOS. I asked them to confirm that no further action would be taken in the meantime.

    That gave me six more months' peace and quiet. I never did refer my complaint to the FOS but it seems MKDP didn't want to take the gamble that I might.

    Plan B x

    Comment

    • #32
      Re: SaltnVinegar v MKDP

      Originally posted by PlanB View Post
      I'm going to guess the second page of that letter ended by telling you your right to go to the FOS within a maximum of six months and it would have enclosed the FOS leaflet.

      The letter doesn't need a response from you (unless it said something else in the last paragraph).

      How far to SB with this debt?

      When I got one of those letters I simply wrote back to say that I was disappointed they continued to maintain that they had complied with my CCA request when they hadn't, but noted that I had six months to refer the complaint to the FOS. I asked them to confirm that no further action would be taken in the meantime.

      That gave me six more months' peace and quiet. I never did refer my complaint to the FOS but it seems MKDP didn't want to take the gamble that I might.

      Plan B x
      Thanks Plan B - yes the 2nd page was just a page with the usual "you have 6 months to refer to the Ombudsman' gumph.

      I like your stalling plan - another 6 months delay is 6 months closer to SB.

      None of the "statements" that MKDP sent me show a payment made (and they're from late 2010), so can't be more than 12 months or so before SB (maybe 18 months max?).

      Knowing then how long it can take the Ombudsman to investigate things there's every possibility I can drag this out even longer............
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #33
        Re: SaltnVinegar v MKDP

        I would probably only hint that you'll refer it to the FOS but think carefully about actually doing that because you don't want to reveal all MKDP's errors to the FOS which will give them a chance to correct them

        The FOS will ask you to prove the CCA has the wrong address and by doing so (giving them the correct address) MKDP may then come up with a new accurate recon.

        Have you received any Notice of Sums in Arrears from MKDP ever?

        Plan B x

        Comment

        • #34
          Re: SaltnVinegar v MKDP

          Originally posted by PlanB View Post
          I would probably only hint that you'll refer it to the FOS but think carefully about actually doing that because you don't want to reveal all MKDP's errors to the FOS which will give them a chance to correct them
          No that was exactly my thinking, I would have no intention of going to the FOS as I doubt they would side with me anyway. But writing saying that I will be looking at refering this to the FOS and request that they put the account on hold.

          Originally posted by PlanB View Post
          Have you received any Notice of Sums in Arrears from MKDP ever?
          Nope nothing. No Notice of Sums in Arrears, no Default Notice, no Notice of Termination

          The only thing that may scupper things, is that there is no date on the 'true copy' of the agreement thats been sent to me. On Noddle its been recorded that the account was opened in October 2007.

          If that is the case (and I genuinely cannot remember), then s127 is not going to help me anyway, and it'll be a court decision regardless.
          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

          The consumer is that sleeping giant.!!


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #35
            Re: SaltnVinegar v MKDP

            Well stalling letter has gone to MKDP - will see how they react to that one......
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #36
              Re: SaltnVinegar v MKDP

              Its been 4 weeks and a little flurry of activity from MKDP. Had a phonecall and a text and a letter that states that I haven't provided them with any information to prove that the debt is not mine (WTF!) and that they will continue to contact me to make an arrangement to pay.

              Short sharp letter being sent in return to correct them that it is they who have to prove a debt exists, and that to continue to pursue for payment when they have not is a breach of FCA CONC guidelines
              "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

              The consumer is that sleeping giant.!!


              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #37
                Re: SaltnVinegar v MKDP

                Wow - MKDP must win awards for the most illiterate (or incompetent) staff on the planet. I have never said I have contacted the FOS, and I have told them on several occasions that their reconstructed CCA is wrong, yet still they persist.....

                Click image for larger version Name: MKDP Letter 20th August 2015.jpg Views: 1 Size: 113.1 KB ID: 1408650
                "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                The consumer is that sleeping giant.!!


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #38
                  Re: SaltnVinegar v MKDP

                  Hi Everyone

                  Well Robinson Way have finally got back to me with a reconstituted credit agreement! Unfortunately for them its the same as the one they sent me back in 2014:

                  Two credit agreements, one with correct name and address, but only one pager of t&c's, the other with correct name and wrong address, and a bunch of t&c's that don't relate to either agreement.

                  They have also sent me a bunch of statements that also have correct name but wrong address. Statements show a payment made in Feb 2011, but as it shows the wrong address who knows who that relates to!

                  Rob Way have given me 30 days to make a payment proposal (as according to them they have fulfilled their obligations). Thats nice of them, I won't respond until day 29 as that way its getting close to SB even on the basis of their own flawed paperwork!
                  "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                  The consumer is that sleeping giant.!!


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
                  • 5 likes

                  Comment

                  • #39
                    Hi All

                    Just an update - have made it over the finish line - this is now statute barred!

                    Even on the spurious 'evidence' that Robinson Way sent me, the last payment would have been May 2017, so this is now well over the line. Confirmed to me by the fact that Rob Way sent me a letter a couple of weeks ago offering me an 87% discount on the balance.



                    So fingers crossed thats the end of it, and they don't be stupid and issue a claim, but another win for AAD and UE!
                    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

                    The consumer is that sleeping giant.!!


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
                    • 3 likes

                    Comment

                    • #40
                      xxx
                      if you do it today and you like it you can always do it again tomorrow

                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #41
                        Originally posted by SaltnVinegar View Post
                        Hi All

                        Just an update - have made it over the finish line - this is now statute barred!

                        Even on the spurious 'evidence' that Robinson Way sent me, the last payment would have been May 2017, so this is now well over the line. Confirmed to me by the fact that Rob Way sent me a letter a couple of weeks ago offering me an 87% discount on the balance.



                        So fingers crossed thats the end of it, and they don't be stupid and issue a claim, but another win for AAD and UE!
                        I thought my discount of 69% from RW was a good one on my UE barclaycard I was going to tell them it was UE but couldn't be bothered, will wait and see if I get a better discount, then tell them to jog on.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
                        • 1 like

                        Comment

                        • #42
                          Good for you SnV.

                          Comment

                          • #43
                            That's great news
                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #44
                              That's such great news S&V and true inspiration for those still on the journey.......really pleased for you
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

                              • #45
                                Thats good news for you, good of them to confirm it by offering the discount, just a shame for them that you know that you have a 100% discount now
                                When you have nothing you have nothing to lose

                                Comment

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