MK Rapid Recoveries Final Notice

[Enforcer]

Got home tonight, guess what! MK Rapid Recoveries.
FINAL NOTICE
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.

They may commence litigation against you which will increase the amount payable due to costs incurred. Should the matter proceed they could take a charge against your property (if you are a homeowner) or have monies deducted directly from your salary (if you are employed).

It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.

Yours sincerely
MK Rapid Recoveries.

Now, this company already have my home phone number, they keep ringing, they have my personal mobile, they have spoken to me on it. They then rang my employer, who gave them my company mobile, which they have spoken to me on. Yesterday I explained to their operative that I had already supplied them with a copy of the Financial Ombudsman's Adjudication. It states quite clearly that Barclaycard have been unable to comply with a Section 78 request. They are unable to supply a typed up "reconstituted version" of my agreement, and cannot supply a copy of the prescribed terms relating to my account.
This should be "end of story". But no. Today they have tried ringing me again.


Will have to treat this as a letter before action. I will advise them that Andrew Watson will be my appointed solicitor. Don't they realise how much this is going to cost them if they try to proceed with court action?

[Deepie]

Re: Keynes Collection--Threatening legal action-Help neede

Got home tonight, guess what! MK Rapid Recoveries.
FINAL NOTICE
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.

They may commence litigation against you which will increase the amount payable due to costs incurred. Should the matter proceed they could take a charge against your property (if you are a homeowner) or have monies deducted directly from your salary (if you are employed).

It is not too late to resolve this matter, please contact us immediately to allow us to help you avoid this.

Yours sincerely
MK Rapid Recoveries.

Now, this company already have my home phone number, they keep ringing, they have my personal mobile, they have spoken to me on it. They then rang my employer, who gave them my company mobile, which they have spoken to me on. Yesterday I explained to their operative that I had already supplied them with a copy of the Financial Ombudsman's Adjudication. It states quite clearly that Barclaycard have been unable to comply with a Section 78 request. They are unable to supply a typed up "reconstituted version" of my agreement, and cannot supply a copy of the prescribed terms relating to my account.
This should be "end of story". But no. Today they have tried ringing me again.


Will have to treat this as a letter before action. I will advise them that Andrew Watson will be my appointed solicitor. Don't they realise how much this is going to cost them if they try to proceed with court action?

Would this help.....? Might just need reformatting......

Dear Sirs

Re your letter xxxxxx

Thank you for your letter, the contents of which I have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim albeit an entirely defective one.

I refer you to the Civil Procedure Rules pre action protocol practice direction, in particular Annex A and Annex B, you will note your letter fails spectacularly to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre action protocol.

Turning to the subject matter of your letter, this matter is subject of a dispute which has been raised with your clients representatives and therefore it would be appropriate before you threaten litigation for your clients client to actively deal with the issues which I have raised.

On XX/XX/XXXX I wrote requesting that {enter original creditor name here} supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, that confirms the lender does not have a copy of the agreement.
In line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;
Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:
· a copy of their agreement
· copies of some of the other documents mentioned in their agreement
· a statement of account.
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
· make the debtor pay the debt before they're supposed to
· get a court judgment against the debtor
As I have attached a copy of the letter, from the Original Creditor, confirming they cannot fulfil my CCA Request then I expect you to also follow suit, and stop harassing me. I am not prepared to enter negotiation over a disputed, unenforceable debt and unless you're confident of success in court then please do not waste my time sending idle threats; instead serve me court papers where I will be more than happy to defend my case and fight the finer details, moreso requesting a statement from the court confirming this account is irredeemably unenforceable in line with s.127(3) CCA1974; due to the omission of the prescribed terms, in the prescribed format at account inception; the fact the lender has also confirmed they do not have the original CCA backs up my case that I was totally unaware of the finer points, when this account was opened.
There are several cases now that alleviate the Carey Judgment such as Hayes v HFC, at Blackpool county court in July 2010. She successfully overturned a charging order on her home. Judge Bell agreed that the reconstituted agreement was not accurate. Then you have the case of Kotecha v Phoenix in which Phoenix attempted to recover a debt owed on a HFC bank credit card. The appeal judges agreed the bank had not been able to supply an accurate copy of the original agreement.
In light of the above, and the fact this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a lawful agreement, bear in mind the content of the letter from the Original Creditor, I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming. In the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
Yours faithfully,

[Enforcer]

Re: Keynes Collection--Threatening legal action-Help neede

Thanks Niddy & Deepie, letter sent to MK Rapid Recoveries.

[Enforcer]

Re: Keynes Collection--Threatening legal action-Help neede

Nothing at all. No letters, no phone calls.

[Undercover Elsa]

Re: MK Rapid Recoveries Final Notice

That's good news Enforcer
Just in case, I'm moving this thread into Everything Legal, as the letter above is unique to AAD and not for unregistered viewing.
Elsa x

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Letter received today from MKDP.
Dear Enforcer,
I write further to your previous correspondence in regards to the outstanding balance on your account. Please accept this letter as a Final Response to your concerns.

The information we must provide you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

A statement of account is below.
The current credit on your account is £0.00
The current balance on your account today is £6,899.08

Due to the current status of your account, the full outstanding balance is now due.

We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.

Notwithstanding that we cannot currently enforce the agreement: our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account.

We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies and requesting payment from you. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose.

This completes our obligation under Section 78 of the Act.

We therefore request you contact us on 0330 300 1004 to discuss means or repayment. Our office opening hours are, Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 4pm.

On this occasion we have been able to partially uphold your claim; should you remain unhappy with our response, you do have the right to refer your concern to the Financial Ombudsman Service. This must be done within six months of the date of this letter and I have enclosed a leaflet which explains how to do this.

Well. The letter is dated 01/04/2014 April fools day! Do they really expect me to contact them to arrange payment!

Definite winner here for AAD forum. Thanks to all.

[helmsman]

Re: MK Rapid Recoveries Final Notice

Letter received today from MKDP.
Dear Enforcer,
I write further to your previous correspondence in regards to the outstanding balance on your account. Please accept this letter as a Final Response to your concerns.

The information we must provide you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

A statement of account is below.
The current credit on your account is £0.00
The current balance on your account today is £6,899.08

Due to the current status of your account, the full outstanding balance is now due.

We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.

Notwithstanding that we cannot currently enforce the agreement: our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account.

We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies and requesting payment from you. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose.

This completes our obligation under Section 78 of the Act.

We therefore request you contact us on 0330 300 1004 to discuss means or repayment. Our office opening hours are, Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 4pm.

On this occasion we have been able to partially uphold your claim; should you remain unhappy with our response, you do have the right to refer your concern to the Financial Ombudsman Service. This must be done within six months of the date of this letter and I have enclosed a leaflet which explains how to do this.

Well. The letter is dated 01/04/2014 April fools day! Do they really expect me to contact them to arrange payment!

Definite winner here for AAD forum. Thanks to all.

HAPPY EASTER from MKPD.

[mystery1]

Re: MK Rapid Recoveries Final Notice

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

1. The existence of a debt, however, does not give the creditor the right to bombard the debtor with endless and repeated telephone calls. The debtor is fully entitled to say that he or she does not wish to talk to the creditor. In those circumstances, the creditor is thrown back upon his formal legal remedies. That is what the courts are there to provide. They are there to ensure that creditors do not resort to the remedy of self help
2. In the present case, the claimant made it abundantly plain that she did not wish to receive telephone calls from the bank. She was perfectly entitled to adopt this position. Once the bank had tried to telephone the claimant a few times and had received the same response on each occasion, it was obvious that telephoning the claimant would achieve nothing. Thereafter, there was no possible justification for continuing to ring the claimant up.

Don't know why they've been renumbered on copying and pasting but they're paragraphs 37 & 38

M1

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Thanks for this information M1, will see if they do try the telephone calls again.

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Mkrr part of the same group have now telephoned twice a day for the last 4 days. I told them on the first occasion that they had already acknowledged, in writing, that this is unenforceable and I will not be making any payments. The subsequent calls have been answered I have told them that I will not answer security questions on an unenforceable agreement. Telephone harassment letter going in post.

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Sent the letter, calls continued, sent another letter re telephone harassment and advised them that, in due course I will send a subject access request asking for a record of the telephone log.
My mates haven't phoned me for over a week!

[Enforcer]

Re: MK Rapid Recoveries Final Notice

Letter today from MKDP, signed by Lauren Taylor.
Dear Enforcer,
I write further to your recent correspondence in regards to the outstanding balance on your account.
I must point out that our communication with you cannot be regarded as harassment as it is entirely reasonable for us to write to you on this matter as we have a legitimate interest in recovery of the amount owed.
We remain within our rights to pursue customers for any outstanding amounts should they fail to enter into any sort of dialogue in order to achieve a positive solution with us. I can confirm that our records have been updated so that any further communication will be in writing only.
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.
MKDP LLP are committed to ensure our customers receive a high standard of customer service at all times and we therefore kindly ask you to contact our collections team on 0330 3001004 to discuss your account.
Our office opening hours are: Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 4pm. You can also contact us by fax on 0870 8747780 or email us at collections@mkdp.co.uk.

Interesting letter considering that they have already confirmed in writing that this account is "unenforceable in law"

Will see what they send next, but at least the phone calls have stopped? for now

[Spud]

Re: MK Rapid Recoveries Final Notice

Just been catching up with some of the latest developments...........Exellent news Enforcer

At least they are decent enough to admit that it is UE( which chokes me to say- Decent and DCA in the same sentence !!!!!!)

Good to hear

[nightwatch]

Re: MK Rapid Recoveries Final Notice

always makes me chuckle when they state that " we will not contact you by phone, all communication will be in writing", then go on to ask you to phone them!

[SXGuy]

Re: MK Rapid Recoveries Final Notice

They have said what they would say. They do have a right to ask you to pay. They didn't say they can't as it's unenforceable because that would be untrue.