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  • #16
    Re: MK Rapid Recoveries Final Notice

    Posted on 12th May:

    Originally posted by Enforcer View Post
    Letter today from MKDP . . .

    I write further to your recent correspondence in regards to the outstanding balance on your account. . . .

    In regards to the enforceability of the account; as previously advised our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. . . .

    . . . . ask you to contact our collections team


    Will see what they send next

    Is this what you were sent next and does it look like a LBA with a deadline to meet before county court proceedings will be issued ?

    (You've posted this on another thread today):


    Originally posted by Enforcer
    Really didn't expect this, but. Just received a NOTICE OF INTENDED LEGAL ACTION from Keynes collections. Will post when I get back from work tonight.

    Comment


    • #17
      Re: MK Rapid Recoveries Final Notice

      Yes, this is a letter before action. However please read post 7 on this issue. They have admitted that it is ue! This is the case that went to fos who ruled that barclaycard were unable to comply with a s78 request. This is why I really cannot believe that they have sent me this letter.

      Comment


      • #18
        Re: MK Rapid Recoveries Final Notice

        Originally posted by Enforcer View Post
        Yes, this is a letter before action. However please read post 7 on this issue. They have admitted that it is ue! This is the case that went to fos who ruled that barclaycard were unable to comply with a s78 request. This is why I really cannot believe that they have sent me this letter.

        There is nothing stopping them sending it...........
        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


        • #19
          Re: MK Rapid Recoveries Final Notice

          Originally posted by Enforcer View Post
          this is a letter before action. . . . . They have admitted that it is ue! This is the case that went to fos who ruled that barclaycard were unable to comply with a s78 request. This is why I really cannot believe that they have sent me this letter.

          It's called bullying.

          Originally posted by Deepie View Post
          There is nothing stopping them sending it...........

          There's also nothing to stop them issuing proceedings either.


          All I know is that MKDP are issuing loads of summons without having the documents first in the hope that people will either capitulate or the DJ will accept their naff recons when faced with a LIP in court.

          On a more upbeat note I have just seen off Keynes by sending them a copy of my Santander vs Mayhew judgement which is a case I won on the basis of missing prescribed terms and a bad DN (and other legal arguments) but lost on the s.78 argument. There's more to complying with s.78 for them to get a judgement.

          MKDP/Raven/Keynes put their fingers in their ears and don't listen or read anything you tell them. But in my experience they can be made to back off eventually. From what you say your FOS paperwork should be your reason to get rid.

          Comment


          • #20
            Re: MK Rapid Recoveries Final Notice

            Back home now. Letter from Keynes Collections. Dated 30th May 2014
            Dear Enforcer
            NOTICE OF INTENDED LEGAL ACTION
            As you failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement.

            You had an agreement with Barclaycard which was assigned to MKDP LLP. Under the agreement the balance was to be repaid but you defaulted, breaching the agreement which has now been terminated. The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.

            This letter constitutes a formal demand for payment of £6,899.08 and is made in accordance with the Practice Direction - Pre -Action Conduct of the Civil Procedures Rules. Your attention is drawn to Paragraph 4 of Annex A of the Practice Direction concerning the Court's power to impose sanctions for failure to comply with the Practice Direction.

            This letter requires your immediate attention. Unless full payment, or a suitable payment plan, is agreed within 14 days from the date of this letter, legal action to recover the debt may be taken against you without further warning and your liability for costs may increase.

            Please reply in writing quoting your full name and reference or alternatively you may wish to call 0330 300 1004 to discuss your account. You can pay your account by sending a cheque for the amount due payable to MKDP LLP at the address below or by telephone with a debit card.

            We suggest you give this letter your urgent attention to avoid any further action becoming necessary.
            This letter contains matters of legal significance and you should therefore take independent legal advice if you are unsure as to its contents.

            Yours sincerely

            Keynes Collections
            Pre-Litigation Team

            I will reply to them in a few pints time.

            Comment


            • #21
              Re: MK Rapid Recoveries Final Notice

              Originally posted by Enforcer View Post
              Back home now. Letter from Keynes Collections. Dated 30th May 2014
              Dear Enforcer
              NOTICE OF INTENDED LEGAL ACTION
              As you failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement.

              You had an agreement with Barclaycard which was assigned to MKDP LLP. Under the agreement the balance was to be repaid but you defaulted, breaching the agreement which has now been terminated. The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.

              This letter constitutes a formal demand for payment of £6,899.08 and is made in accordance with the Practice Direction - Pre -Action Conduct of the Civil Procedures Rules. Your attention is drawn to Paragraph 4 of Annex A of the Practice Direction concerning the Court's power to impose sanctions for failure to comply with the Practice Direction.

              This letter requires your immediate attention. Unless full payment, or a suitable payment plan, is agreed within 14 days from the date of this letter, legal action to recover the debt may be taken against you without further warning and your liability for costs may increase.

              Please reply in writing quoting your full name and reference or alternatively you may wish to call 0330 300 1004 to discuss your account. You can pay your account by sending a cheque for the amount due payable to MKDP LLP at the address below or by telephone with a debit card.

              We suggest you give this letter your urgent attention to avoid any further action becoming necessary.
              This letter contains matters of legal significance and you should therefore take independent legal advice if you are unsure as to its contents.

              Yours sincerely

              Keynes Collections
              Pre-Litigation Team

              I will reply to them in a few pints time.
              I'd be looking at this ----> Letter before action letter


              And adding some of this if it were me ----> Letter Confirming No CCA

              Best nipping it in the bud now.........
              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


              • #22
                Re: MK Rapid Recoveries Final Notice

                My reply to Keynes Collections.
                Dear Pre-Litigation Team,

                I thank you for your rather threatening letter received today. The contents of which I dispute.

                May I suggest that you start to enquire as to the cost of employing a solicitor or barrister, who would be prepared to try and obtain judgement when MKDP LLP have already admitted the disputed account is unenforceable in law, but better still, try to find a barrister who is prepared to try and overturn a decision by the Financial Ombudsman Service in a County Court.

                I have replied to your letter, I expect a reply from you.

                Yours sincerely,

                Enforcer.

                Comment


                • #23
                  Re: MK Rapid Recoveries Final Notice

                  Originally posted by Enforcer View Post
                  My reply to Keynes Collections.

                  Dear Pre-Litigation Team,

                  I thank you for your rather threatening letter received today. The contents of which I dispute.

                  May I suggest that you start to enquire as to the cost of employing a solicitor or barrister, who would be prepared to try and obtain judgement when MKDP LLP have already admitted the disputed account is unenforceable in law, but better still, try to find a barrister who is prepared to try and overturn a decision by the Financial Ombudsman Service in a County Court.

                  I have replied to your letter, I expect a reply from you..
                  I assume you haven't sent that confrontational letter however tempting it may be

                  Comment


                  • #24
                    Re: MK Rapid Recoveries Final Notice

                    My view is to play the game and not wind them up .....
                    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


                    • #25
                      Re: MK Rapid Recoveries Final Notice

                      Originally posted by Deepie View Post
                      My view is to play the game and not wind them up .....


                      . . . . because every letter you send has the potential to be read out in court.

                      Comment


                      • #26
                        Re: MK Rapid Recoveries Final Notice

                        Put it in the envelope but not yet posted, why, do you see a problem?

                        Comment


                        • #27
                          Re: MK Rapid Recoveries Final Notice

                          Originally posted by Enforcer View Post
                          Put it in the envelope but not yet posted, why, do you see a problem?
                          Yes I do.

                          You're provoking them when maybe it would be best to simply spell out your legal position - unless you want a county court summons, a possible CCJ and a possible charging order on your home.

                          Comment


                          • #28
                            Re: MK Rapid Recoveries Final Notice

                            Thanks for the advice, what would you suggest for a reply?

                            Comment


                            • #29
                              Re: MK Rapid Recoveries Final Notice

                              How long before SB ?
                              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


                              • #30
                                Re: MK Rapid Recoveries Final Notice

                                About 3 years

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