MK Rapid Recoveries Final Notice

[PlanB]

Re: MK Rapid Recoveries Final Notice

The whole lot stinks.
Will fire off letters tomorrow!

Can you let us know what letters you sent, what they said, and to whom you sent them last week.

Plan B x

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

I would like to know, sent everything to Niddy, still waiting, will get an answer soon.

Will check now and reply shortly.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

Something strange going on here, all that was enclosed was a set of terms and conditions. The last letter that I received from the directors office of Barclaycard said that they would no longer communicate with me. I have not written to Barclaycard to request information, and have never received this letter from Katherine James until the copy today. They now say that my account has not been defaulted. So how come they used their "legal right of set" following a default.
The whole lot stinks.
Will fire off letters tomorrow!

All sent to Niddy. Lets wait for his opinion on this.

Ok thanks, having read through what they've sent and your past argument you need to kind of back-off being so arsey because they can remedy s.78 at any point by providing a reconstituted copy of the agreement; however, luckily for you there is no original and you already know this and have proof so they really won't be able to enforce if this goes to court.

You might be best to send something like this in response to MKDP's letter..... Keep us updated but don't push things and as to why they sent the info, as I stated above, s.78 can be remedied at any time and because you previously made a request they are now complying however they have missed the point - what they've sent is still unenforceable and thus they cannot enforce under s.127(3) so you should be fine (long term)....

If I was in your position, I'd probably respond as follows

Dear Sirs

Ref: xxxxxxxx

I write with reference to your letter dated 20 March 2015 and note the content within.

I am glad you took the time to send me a copy of the same documents which were previously sent to me, and the same ones which the Ombudsman ruled were unenforceable as they stand. The fact remains that there is no signed agreement because I did not sign any agreement and therefore you will not be able to enforce this through the courts and any attempt to do so will result in my filing a full defence with a request for costs due to your unreasonable behaviour based on having zero chance of success because there is no signed agreement hence s.127(3) prohibits the court from making an order in your favour; I quote:

The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

As a result of my previous correspondence and the fact nothing has changed, my position remains the same and any further harassment from you will result in legal action being sought based on the recent Roberts v Bank of Scotland ruling ([2013] EWCA Civ 882). I quote the following comments made by Lord Justice McCombe in that ruling:

"the conduct of this bank in this case was such as to pass the threshold of harassment as prohibited by the Act, and well over the wrong side of the "sensible lines between the ordinary banter and badinage of life and genuinely offensive and unacceptable behaviour" mentioned by Lady Hale in Majrowski's case to which my Lord has already referred."

I propose that you close this account once and for all and look forward to your confirmation that this has occurred.

Yours faithfully,


Sign Digitally

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Hi Plan B. As usual, I get really wound up with MKDP, this is what I sent.


Dear Ms Jones

Yesterday I received your letter dated 20/03/2015. I really cannot believe that you did not read the document that you sent me from Barclaycard!

The letter from Katherine James is clearly intended to mislead and deceive the average consumer. There is no agreement! All that has been sent is random copies of Terms & Conditions. Do you really believe that this makes an agreement enforceable? If so, may I suggest that you ask your employer for training on the regulations.

I enclose a copy of my letter to Barclaycard and will await their reply.

I cannot understand your comment, "After liaising with Barclaycard, they have confirmed that they had not registered a default" you kindly sent me 2 copies of so called default notices. Barclaycard used their so called "legal" right of set off, and took money from my Barclays current account, if no default was actually issued; this was as I called it at the time, an act of theft.

I thank you for stating that this is your Final Response, however I intend to pursue this. If need be to the Financial Ombudsman. In view of your comments this needs investigating.

Yours sincerely,
Enforcer

Letter to Barclaycard.

Dear Ms James,

Yesterday I received correspondence from MKDP LLP, debt purchasers. I included was a letter from you, supposedly sent to me (never received) dated 11 September 2014? I enclose a copy. You attached terms & conditions, no trace of an agreement despite your letter.

I would like an explanation as to who authorised you to write this letter, you are surely aware that this has been dealt with by the Executive Office of Barclaycard Me and the Financial Ombudsman Service.

Now as I understand this case, Barclaycard wrote to me to say that they had SOLD this account, MKDP said that they had PURCHASED the account. If these statements are true, how can you possibly say that the current balance on your account today is £6,899.08? Please explain this.

I enclose copies of Financial Ombudsman ruling and e mails, please read them.

I do expect a reply from you within 14 days; otherwise I will have to send in a FORMAL complaint to the Executive office together with a letter to the Ombudsman complaining about your actions.

Yours sincerely,
Enforcer.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

I thank you for stating that this is your Final Response, however I intend to pursue this. If need be to the Financial Ombudsman. In view of your comments this needs investigating.

Mate. The ONLY way to pursue this is via the court. ONLY a Judge has the right, and indeed the power, to declare an agreement irredeemably unenforceable.

The fact the FOS have backed your stance and Barclays confirmed they've not got compliant paperwork means you can literally reply saying as such, attach a copy of the letters and then ignore them. You have NO rights to recourse. The creditor CAN chase you. They just can't enforce the debt.

Don't make unfounded threats. It shows them you're not as clever as you want them to think. If you sent the letter above and I received it I'd laugh as I'd know the FOS couldn't touch us. So try using the version I did above. If I received that version, I'd be more prone to check with my manager prior to responding. Leave it factual and simple.

Trust me. I'm pretty good at this you know

Regardless that you already replied, Id still send the letter above to make your point crystal clear.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

Final point - your argument about defaults compounds the comments in my last post. You're arguing a default. Yet a default notice is nothing to do with a default on your credit file. One is legislative, the other are guidelines. One is a legal requirement to demand full payment and the other is a simple agreement of data sharing.

Your argument is contradictory. They issued default notices in order to terminate the account. That's got nothing to do with your credit file. Nothing whatsoever.

Read this -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

Enforcer - stop typing up letters. We don't need to see them. Read my posts above.

Best advice - don't get so letter happy. Maybe run it past us before sending things next time

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Typed up letters in reply to Plan B. Will have to learn to calm down. Thanks Niddy.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

Typed up letters in reply to Plan B. Will have to learn to calm down. Thanks Niddy.

You don't need to type things up again. PlanB presumes you had a photo / can upload. We don't expect you to sit there for an hour reciting a letter

Yes mate. Chill a bit. You're arguing a dead-duck. You need to end this merry-go-round. So tell them straight - stop this. Go away. That's it.

The letter on previous page does that for you. Send a copy to MKDP.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

Mate. The ONLY way to pursue this is via the court. ONLY a Judge has the right, and indeed the power, to declare an agreement irredeemably unenforceable.

The fact the FOS have backed your stance and Barclays confirmed they've not got compliant paperwork means you can literally reply saying as such, attach a copy of the letters and then ignore them. You have NO rights to recourse. The creditor CAN chase you. They just can't enforce the debt.

Don't make unfounded threats. It shows them you're not as clever as you want them to think. If you sent the letter above and I received it I'd laugh as I'd know the FOS couldn't touch us. So try using the version I did above. If I received that version, I'd be more prone to check with my manager prior to responding. Leave it factual and simple.

Trust me. I'm pretty good at this you know

Regardless that you already replied, Id still send the letter above to make your point crystal clear.

in case you miss this (bottom of last page)

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Despite sending the letter from Niddy, we seem to have gone back to the template machine from MKDP. Compello Reference Number___ .
Further to our letter of acknowledgement sent to you in regards to the above account, we write to advise you on the progress of your dispute.

Still liaising with the original creditor!

When will they give up?

[SXGuy]

Re: MK Rapid Recoveries Final Notice

They may just send you letters like that every few months, they may never give up, but who cares? open, read, file away, forget about it.

[Never-In-Doubt]

Re: MK Rapid Recoveries Final Notice

They may just send you letters like that every few months, they may never give up, but who cares? open, read, file away, forget about it.

Gotta agree there mate. If there's an undue threat then let us know.

Youve done the right thing. You've left a very good paper trail IF they ever tried to get heavy. Time to relax a bit now

[Enforcer]

Re: MK Rapid Recoveries Final Notice

17th August. Letter from MKDP.
Statement in relation to the below Agreement which is governed by the Consumer Credit Act 1974.
Saying I owe £6900 Paid nothing in the last 12 months, not asking for anything, no threats.

[PlanB]

Re: MK Rapid Recoveries Final Notice

Statement in relation to the below Agreement which is governed by the Consumer Credit Act 1974.
Saying I owe £6900 Paid nothing in the last 12 months, not asking for anything, no threats.

Is this a Notice of Sums in Arrears under section 86 CCA?

Plan B x