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  • #16
    Re: Barclaycard Goldfish - new development

    Originally posted by SXGuy View Post
    If it were me, now they have found you, I would send the letter refered to as a link in the previous post up.

    http://www.all-about-debt.co.uk/old/...firming-no-cca

    And enclose a copy of the letter you have admitting they cant enforce.
    well maybe in a few weeks, no rush really.... Wait till they get proper heavy and annoying then maybe send it and dash their hopes an easy buck
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    • #17
      Re: Barclaycard Goldfish - new development

      Hi

      Many thanks Mr Cool and Niddy.

      I will do as you both suggest and have a copy of the letter ready to send to them when the time is right!


      FB

      Comment


      • #18
        Re: Barclaycard Goldfish - new development

        Hi there

        I have had a few letters as follows:

        MKDP 4/6/14
        They wrote to give me a statement of account and, amongst other things, that whilst they cannot current enforce the agreement, their rights continue to exist under the agreement and I should continue to pay the debt. They can and will take any action short of enforcement and refer to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386. They concluded that this completes their obligation under Section 78 of the Act. it goes on to mention that I can refer my concern to the Financial Ombudsman. I did not reply to this letter.

        MK Rapid Recoveries 23/6/14
        They sent a final notice to say that as I had not replied to them they are now instructing their pre-legal department. I did not reply to the letter.

        MK Rapid Recoveries 8/7/14
        They have sent a final demand and say that they have transferred the account to Raven Recoveries - unless I contact them to make an offer. It goes on to say that Rapid Recoveries may apply to the court regarding bailiffs, deduct money from salary, financial examination.

        I have not heard of Raven Recoveries before, although after Googling them it seems they are part of MKDP and MK Rapid Recoveries.

        Could someone please give me some advice. Do I ignore the latest letter and see what happens or send a reply?

        Many thanks for your help.
        FB

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        • #19
          Re: Barclaycard Goldfish - new development

          I would reply and remind them that they cannot enforce, because although you would undoubtedly win if they did put in a claim, it would be a pain in the backside to deal with still.

          Comment


          • #20
            Re: Barclaycard Goldfish - new development

            Isn't it against the FCA rules to make threats - or to seem to make threats - of action that cannot lawfully be done?

            Comment


            • #21
              Re: Barclaycard Goldfish - new development

              Originally posted by Fleabite View Post
              I have had a few letters as follows:
              All sent by Royal Mail?

              MKDP 4/6/14
              They wrote to give me a statement of account and, amongst other things, that whilst they cannot current enforce the agreement, their rights continue to exist under the agreement and I should continue to pay the debt. They can and will take any action short of enforcement and refer to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386. They concluded that this completes their obligation under Section 78 of the Act. it goes on to mention that I can refer my concern to the Financial Ombudsman. I did not reply to this letter.
              What reply was necessary, other than possibly to thank them for having confirmed what you already knew?

              MK Rapid Recoveries 23/6/14
              They sent a final notice to say that as I had not replied to them they are now instructing their pre-legal department. I did not reply to the letter.
              If they have a "legal department", doesn't that imply that their other departments are not legal?

              MK Rapid Recoveries 8/7/14
              They have sent a final demand and say that they have transferred the account to Raven Recoveries - unless I contact them to make an offer. It goes on to say that Rapid Recoveries may apply to the court regarding bailiffs, deduct money from salary, financial examination.
              But not also threatening to have you carted off to debtors' gaol, or to ask the court for a Shylock Order so they may be repaid in so many kg of your flesh?

              I have not heard of Raven Recoveries before, although after Googling them it seems they are part of MKDP and MK Rapid Recoveries.
              Strictly speaking, they're all part of Compello Operations Limited.

              See the attachments.
              Attached Files

              Comment


              • #22
                Re: Barclaycard Goldfish - new development

                Hi and thanks for your replies. I like your comments Clever Clogs!.

                I think I'll wait and see what their next letter is and report back - unless anyone thinks otherwise.

                Thanks again.
                FB

                Comment


                • #23
                  Re: Barclaycard Goldfish - new development

                  Hi all

                  I have received another letter - this time from Raven Recoveries, which they say is an escalation point should MK Rapid Recoveries have difficulty coming to an agreement with me.

                  It is basically again asking me to pay in full or call them to arrange instalments.

                  They then say that if I don't contact them within 7 days they will assess the account for alternative action to recover this balance.

                  Could you advise what I should do?

                  Many thanks
                  FB

                  Comment


                  • #24
                    Re: Barclaycard Goldfish - new development

                    am I reading this right that you have a letter saying they cannot enforce?

                    if so just send this off http://www.all-about-debt.co.uk/inde...firming-no-cca

                    although they are all the same company, there is no reason to believe that
                    a they can read
                    b they can talk to each other
                    c they are able to act independently of their collecting system

                    so you need to treat them like very small children and repeat stuff and tell them stuff in words containing no more than one syllable

                    Comment


                    • #25
                      Re: Barclaycard Goldfish - new development

                      I would send a one line letter referring them the letter of 4/6/14 with a copy of that letter with the relevant paragraph highlighted.

                      Or send the letter linked by MrsD !
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                      • #26
                        Re: Barclaycard Goldfish - new development

                        Off to Keynes next!

                        Comment


                        • #27
                          Re: Barclaycard Goldfish - new development

                          Hello all

                          Thank you for your replies.

                          I was going to send template letter as suggested by Mrs D, but it says I don't have access. I used my email and password for this forum to login, but it does not accept it. Do I have to re-register again to be able to use the templates?

                          In the meantime I will send a copy of the unenforcement letter as per Cymruambyth's suggestion.

                          Thank you again for your help.

                          FB

                          Comment


                          • #28
                            Re: Barclaycard Goldfish - new development

                            Hi Fleabite, have a look here, should explain all to you -- > Accessing Our New Templates

                            Best wishes
                            IF

                            EDIT: Before you do anything, please see MrsD's post below......
                            Last edited by IF; 17 August 2014, 17:03.
                            "If wishes were horses, beggars would ride"

                            Comment


                            • #29
                              Re: Barclaycard Goldfish - new development

                              Originally posted by Fleabite View Post
                              Hello all

                              Thank you for your replies.

                              I was going to send template letter as suggested by Mrs D, but it says I don't have access. I used my email and password for this forum to login, but it does not accept it. Do I have to re-register again to be able to use the templates?

                              In the meantime I will send a copy of the unenforcement letter as per Cymruambyth's suggestion.

                              Thank you again for your help.

                              FB

                              whoa

                              the cannot enforce letter I've inked you to mentions the letter you have so just follow the letter and enclose a copy in the same envelope with the cannot enforce letter, it's simpler that way

                              Comment


                              • #30
                                Re: Barclaycard Goldfish - new development

                                Originally posted by MrsD View Post
                                although they are all the same company, there is no reason to believe that
                                a they can read
                                b they can talk to each other
                                c they are able to act independently of their collecting system
                                d that they do not have their heads up their own backsides
                                I've fixed your post for you!

                                so you need to treat them like very small children and repeat stuff and tell them stuff in words containing no more than one syllable
                                Or ask the recipient to forward the letter to the office intellectual who specialises in being able to read?

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