KKA's Unenforceability Diary

[KKA]

Re: KKA's Unenforceability Diary

Hi Elsa/Niddy
Yes your recap is correct, however the letter received doesn't say Letter before Action but Notice of Pending Legal Action (does this make a difference)?
The letter states that unless acceptable proposals for paying the amount owed are received within 10 days, we are instructed to issue proceedings in the county court with a view to obtaining a CCJ against you. If we issue proceedings we shall ask the court for an order adding legal costs and interest to the amount you owe. if the court grants our request, then the amount you owe will be increased.

Certain procedural rules governlclaims in the county court. a failure to follow those rules may result in the court imposing sanctions for non-compliance ???????

If you are unable to pay the full balance within 10 days, please contact Robinson Way to discuss an affordable payment which will stop action. If we do not hear from you, legal proceedings will be issued without further notice.

Its not signed by an individual, just a fancy italic font Howard Cohen & Co.

Should i still send the LBA template from the link?
Thanks for your help.
KKA

[Never-In-Doubt]

Re: KKA's Unenforceability Diary

See here - follow that post! Issue the LBA - it will be fine

--> http://forums.all-about-debt.co.uk/s...l=1#post541856

[Undercover Elsa]

Re: KKA's Unenforceability Diary

Hi KKA,
Just to recap, this was an old Egg Card, taken over by Barclaycard then with MKDP who sold it to Hoist Portfolio. Prior to this MKDP had written to say that they could not enforce it as they were unable to supply the T&C's at termination.
Hoist have appointed Robinson Way as their agents and they've now passed it Howard Cohen Solicitors, who've written threatening to start court proceedings without further notice if you don't respond. Have I got that right?

According to the guide post by Niddy in the thread Nanna linked above (thanks Nanna ) as they're still in default of your CCA Request you shouldn't send another.

However as what you've received is undoubtedly a Letter Before Action you do need to send an LBA response. The guide post has a specific LBA template but it's only applicable to claims issued by PRA / Restons / Shoosmiths. As yours is with Cohens I would check with Niddy first re which template to send, as you may just need the standard one. I'll flag your thread up for his attention.

Elsa x

[nightwatch]

Re: KKA's Unenforceability Diary

Most of MKDP accounts have been passed to HPH2 see here http://forums.all-about-debt.co.uk/showthread.php?19096-Barclaycard-%28MKDP%29-Sold-to-Hoist-Portfolio

post up on there and see what the others (Niddy) says to do, normally it would be a LBA template you would use but it depends on the advice from our solicitor at the moment xxx

[KKA]

Re: KKA's Unenforceability Diary

Hi Guys
Just an update and looking for some advice on my earlier posts.
Following the dispute final response letter received from MKDP in June 2015 all went quiet.
In October last year i received a letter from HPH2 stating that MKDP had assigned all rights for the debt to HPH2 and that Robinson Way had been appointed to manage the account.
I then received 2 standard letters from Robinson Way, then the letter stating that it is 10 days until referred to solicitor (Howard Cohen & Co).
Howard Cohen have now issued a letter stating NOTICE OF PENDING LEGAL ACTION and that if i do not respond in 10 days legal proceedings will be issued without notice.

Can anybody advise on what course of action to take?
Much Appreciated
KKA

[KKA]

Re: KKA's Unenforceability Diary

hi Plan B
yes its an old egg card debt, but no not making payments, stopped around 18 month ago, the only regular payment i make to 9 creditors is one which got a ccj in 2011.
this is the one i was referring to in an earlier post.
KKA

[PlanB]

Re: County Court Claim Received - Can Anyone Help?

PlanB; currently have 9 creditors, The only other one chasing at present is another Barclaycard (old EGG card) which was sold at the same time to MKDP; i have sent a CCA request and awaiting a response.

. . . . At present this is the only regular payment i am currently making.

Is that MKDP letter in relation to the old Egg card which they purchased and you're still making payments towards this debt?

Plan B x

[KKA]

Re: KKA's Unenforceability Diary

Ok Guys, thanks, will keep you updated with any further correspondence.
KKA

[nightwatch]

Re: KKA's Unenforceability Diary

I had the same one for one of mine,

they did send me a letter saying that they were considering legal action, so I sent a letter suggesting that they all talk to each other as they had told me it was unenforceable and they were unable to take it any further (at the moment)
They sent a letter back apologising for the mistake but would like me to carry on paying them,not heard off them since

[Deepie]

Re: KKA's Unenforceability Diary

HI Guys.
Just received another letter from MKDP; as follows....any advice would be appreciated!

Please accept this letter as a final response to your concerns.
Due to the current status of the above account, the full outstanding balance is now due.
We are currently unable to provide the current terms 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 as accrued on her account. (yes mistake on letter).
We can and will continue to take any action short of enforcement and requesting payment we refer you to the case of Philip McGuffick v RBS (2009).
This completes our obligation under section 78 of the act.
You are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss the account.
Due to the infomration stated above i regret to inform you that we will not be able to uphold your complaint.
Yours Sincerely.....

Yeah ....just keep that letter very safe .....

I'd ignore that letter if it were me ....just let us know if they contact you again ....

[KKA]

Re: KKA's Unenforceability Diary

HI Guys.
Just received another letter from MKDP; as follows....any advice would be appreciated!

Please accept this letter as a final response to your concerns.
Due to the current status of the above account, the full outstanding balance is now due.
We are currently unable to provide the current terms 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 as accrued on her account. (yes mistake on letter).
We can and will continue to take any action short of enforcement and requesting payment we refer you to the case of Philip McGuffick v RBS (2009).
This completes our obligation under section 78 of the act.
You are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss the account.
Due to the infomration stated above i regret to inform you that we will not be able to uphold your complaint.
Yours Sincerely.....

[KKA]

Re: KKA's Unenforceability Diary

OK Guys, thanks for the advice!
KKA

[SXGuy]

Re: KKA's Unenforceability Diary

Do nothing. Wait for next letter.

[SaltnVinegar]

Re: KKA's Unenforceability Diary

Personally I would just keep quiet.

+1

All they are doing are informing you of the process, which is that as they have failed to address your complaint within the statutory timeframe, you now can complain to the FOS.

Time is your friend so the longer it takes them to address things, the closer you are to SB.

[Pixie]

Re: KKA's Unenforceability Diary

Personally I would just keep quiet.