Egg card now with barclays

[Rich330]

Re: Egg card now with barclays

They can still remedy it so showing them too much may not be the best idea, however you cannot ignore them either so yes - I would do as you suggest and literally send a copy of the previous letter confirming no agreement and highlight the relevant paragraph (with the No CCA Confirmation template)....

To remedy and make it enforceable would they not have to find that piece of paper with my signature? Or is it easier than that? Barclays offered me a 60% reduction a couple of years ago if I paid it off, I recon they know they don't have it
!

[Never-In-Doubt]

Re: Egg card now with barclays

It's simpler than that - they can provide a recon - hence I say it can be remedied. Signed or not, if the same content is provided then lack of signature won't matter.

[Rich330]

Re: Egg card now with barclays

Ok got a letter mkdp admitting that it is UE, that this is there final response to my complaint and that they are going to resume attempts to get the debt!

Do they not give up!

I wonder now they admit they can't enforce why they carry on wasting there time?

Any letters I should send?

[Deepie]

Re: Egg card now with barclays

Ok got a letter mkdp admitting that it is UE, that this is there final response to my complaint and that they are going to resume attempts to get the debt!

Do they not give up!

I wonder now they admit they can't enforce why they carry on wasting there time?

Any letters I should send?

Keep that letter very safe ....

[PlanB]

Re: Egg card now with barclays

you cannot ignore them either so yes - I would do as you suggest and literally send a copy of the previous letter confirming no agreement and highlight the relevant paragraph (with the No CCA Confirmation template)....

Ok got a letter mkdp admitting that it is UE

Great stuff

See how good things can happen when you don't ignore a letter from a creditor.

You forced them into a position where they had no option but to admit in writing the debt is UE.

[Rich330]

Re: Egg card now with barclays

ok so here is the letter I got confirming UE from MKDP

Don't really want them bothering me, but I guess there is nothing I can do about that.

Any suggestions?

is it worth sending the harassment by phone etc template letters to stop them from phoning me?

Also I am not sure when they have down my last payment and therefore I am not sure when this SB's?

Can I send a SAR to check this or might that trigger them finding the paperwork they need? DOn't want to put my foot in it!!

[Undercover Elsa]

Re: Egg card now with barclays

I personally wouldn't rock the boat at the moment by sending a SAR. As you say in your first post you last paid in late 2012 you still have a way to go before it's SB.
If it was me I would wait and see what they say/do next.
Very often companies will stress that they'll continue chasing a UE debt, but not all follow that through.

Elsa x

[PlanB]

Re: Egg card now with barclays

ok so here is the letter I got confirming UE from MKDP

Don't really want them bothering me, but I guess there is nothing I can do about that.

Any suggestions?

is it worth sending the harassment by phone etc template letters to stop them from phoning me?

Also I am not sure when they have down my last payment and therefore I am not sure when this SB's?

Can I send a SAR to check this or might that trigger them finding the paperwork they need? DOn't want to put my foot in it!!

I never ignore letters so I see no reason why you shouldn't send MKDP a short response which simply thanks them for their letter in which they confirm the debt is currently unenforceable.

Why not then tell them not to contact you unless the position should change (and not before); after all they did say "we are therefore prevented from enforcing the agreement while this state of affairs continues".

If they've been bothering you with phone calls at work then add that you wish to make it clear that any further contact should be by letter only.

I say this because I beat MKDP in court this week

One of the reasons for this success was because I had an impressive paper trail (31 letters). Another reason was because the judge said (I'm only quoting him so no libel issues) that some of the evidence in their Witness Statement was "not truthful". These guys fight dirty, in my personal opinion, so you will need to keep on your toes until you reach SB.

I see no hurry to establish when that will be unless you can by using your own resources such as old bank statements. Why send a SAR which could trigger historical paperwork being sourced when you don't need it (yet).

If MKDP decide to pursue this to court in future (a) they will/should let you know with a LBA and (b) I'll be gob-smacked. Having said that they are relentless so don't let your guard down yet but you can definitely relax a little.

Enjoy your Bank Holiday weekend

Plan B x

[Undercover Elsa]

Re: Egg card now with barclays

The good thing is that you're not a home owner, and on a low monthly income, so lets hope they eventually come to the conclusion it's a lost cause and go after richer pickings. (No pun intended )

[PlanB]

Re: Egg card now with barclays

I personally wouldn't rock the boat at the moment by sending a SAR. As you say in your first post you last paid in late 2012 you still have a way to go before it's SB.
If it was me I would wait and see what they say/do next.

Our posts crossed Elsa.

I must learn to be more succinct like you.

No wonder my oral evidence and cross examination in court took over an hour

Plan B

[Undercover Elsa]

Re: Egg card now with barclays



There's always more than one way to skin a cat

[PlanB]

Re: Egg card now with barclays

There's always more than one way to skin a cat

It's also why I always instruct solicitors on a fixed fee basis and not an hourly rate

[Rich330]

Re: Egg card now with barclays

I personally wouldn't rock the boat at the moment by sending a SAR. As you say in your first post you last paid in late 2012 you still have a way to go before it's SB.
If it was me I would wait and see what they say/do next.
Very often companies will stress that they'll continue chasing a UE debt, but not all follow that through.

Elsa x

Thanks for all your help

So I will write back thanking them for the letter and asking them not to contact me by phone, I've only ever spoken to them once on the phone and I refused to pass security, they then suggested they had spoken to me on the phone before at which point I suggested she check the records as that was not the case. And to my surprise they haven'y tried to contact me by phone since, mind you I did make it clear I would not talk to them, so maybe they heard that!

I will also include that I will not be communicating with them unless they can fulfil my CCA request.

Anything else I need to add?

I'm not sure on the last payment according the statements they sent me with the letter it was jan 2010 but I think I paid about £100 in 2012 -2013 but they have never sent anything to confirm that so I wonder if that got lost in the same place as all my paperwork!

[PlanB]

Re: Egg card now with barclays

I will write back thanking them for the letter and asking them not to contact me by phone . . .

I will also include that I will not be communicating with them unless they can fulfil my CCA request.

Anything else I need to add?

Nope. I can't think of anything else except you confirming that they have confirmed your debt is UE.

This is a case of 'less is more'

Plan B x

[Never-In-Doubt]

Re: Egg card now with barclays

Hiya


You can ignore them. Nothing to say - they cannot enforce but they can hassle you. Just ignore them.


See here - explains the FCA's stance. Just ignore anything unless they remedy the breach in which case let me know.


https://fshandbook.info/FS/html/FCA/CONC/13/1


Niddy