Final Notice - Potential LBA?

[TibetanMonk]

Hey guys,

Received a letter from MKRR statng the following:-

As you have no taken up our offer of help, and as a legal requirement, we must now inform you that we are instructing our pre-legal department to review your account for further action.

They may commence litigation against you which could increase the amount payable due to costs incurred in line with your agreement. Should the matter proceed and a court judgement be obtained against you 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.

What do I do?

I sent a CCA request last year to Barclaycard who then provided just T&C's, I then sent the T's&C's template and never heard anything back, Niddy said if thats all they have then it's unenforceable. But what about these muppets?

Thanks TM

[Deepie]

Re: Final Notice - Potential LBA?

I'd be sending a new cca request to MKRR....if it were me

[TibetanMonk]

Re: Final Notice - Potential LBA?

Sent the CCA request.

[PlanB]

Re: Final Notice - Potential LBA?

Received a letter from MKRR statng the following . . .

. . . . I sent a CCA request last year to Barclaycard who then provided just T&C's, I then sent the T's&C's template and never heard anything back, Niddy said if thats all they have then it's unenforceable. But what about these muppets?

I beat those "muppets" in court yesterday (yay!) based on the judge declaring that the CCA which they sent me was irredeemably unenforceable.

However this doesn't make me complacent about threats from MKDP.

Deepie couldn't be more right about sending a fresh CCA request. This will buy you time but more importantly it'll be the start of a solid paper trail. MKDP are hell bent on issuing proceedings. They stick their fingers in their ears to anything you tell them in not only my personal experience but in the general experience of our members.

Can you add a post to this thread to give us the background to this debt to help us try to try to help you keep one step ahead of MKDP.

Use this format please:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before April 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)
  

[TibetanMonk]

Re: Final Notice - Potential LBA?

I beat those "muppets" in court yesterday (yay!) based on the judge declaring that the CCA which they sent me was irredeemably unenforceable.

However this doesn't make me complacent about threats from MKDP.

Deepie couldn't be more right about sending a fresh CCA request. This will buy you time but more importantly it'll be the start of a solid paper trail. MKDP are hell bent on issuing proceedings. They stick their fingers in their ears to anything you tell them in not only my personal experience but in the general experience of our members.

Can you add a post to this thread to give us the background to this debt to help us try to try to help you keep one step ahead of MKDP.

Use this format please:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before April 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)
  

Hey PlanB,

Congrats! Let's hope I can do the same.

• Type of account (credit card/loan) - Credit Card
  
  
• Date commenced (ideally before April 2007) - 26/01/2012
• Approx balance - £1117
  
  
• Date last paid (approximate date you last made a FULL payment) - Never paid.
  
  
• Are you on arrangement or not paying - Not Paying, haven't ever made a payment.
  
  
• Status (default/in arrears/up-to-date) - Default
  
  
• Account owner (who is writing to you, a DCA or the lender) DCA - MKRR

What more intriguing, is that Barclaycard have defaulted me for the CC, and so have MKDP. So two defaults for the one CC debt.

Hope this helps PlanB

[PlanB]

Re: Final Notice - Potential LBA?

• Type of account (credit card/loan) - Credit Card
  
  
• Date commenced (ideally before April 2007) - 26/01/2012
• Approx balance - £1117
  
  
• Date last paid (approximate date you last made a FULL payment) - Never paid.
  
  
• Are you on arrangement or not paying - Not Paying, haven't ever made a payment.
  
  
• Status (default/in arrears/up-to-date) - Default
  
  
• Account owner (who is writing to you, a DCA or the lender) DCA - MKRR

My instant response (without giving your situation any considered thought) is that an account opened in 2012 will not have the same protection from enforcement as an account which was opened prior to April 2007.

This means you need to tread carefully but it doesn't necessarily mean that all is lost. However your options are limited.

Plan B x

[Enforcer]

Re: Final Notice - Potential LBA?

Even more interesting is that MKDP say they have removed the default from my credit file as Barclaycard have not recorded one! Strange things going on.

[Tuttsi]

Re: Final Notice - Potential LBA?

Congrats PlanB on your win in court, well done you.
Tuts x

[Never-In-Doubt]

Re: Final Notice - Potential LBA?

I sent a CCA request last year to Barclaycard who then provided just T&C's, I then sent the T's&C's template and never heard anything back, Niddy said if thats all they have then it's unenforceable. But what about these muppets?

Thanks TM

I wouldn't have said that if it was from 2012 mate as it can't be UE..... basically you need to reconsider your options as you will be served a claim, and if it's from 2012 and not a typo then you cannot utilise the same protection as the judge cannot deem it unenforceable - you will not get out of this sadly.....

[TibetanMonk]

Re: Final Notice - Potential LBA?

Well I've sent a CCA request so let's see what they come back with. Last time Barclaycard only came back with tsandcs so that's not a proper CCA, so surely if MkRR do the same then it's not enforceable because they don't have a copy of the CCA to give me

[Never-In-Doubt]

Re: Final Notice - Potential LBA?

Well I've sent a CCA request so let's see what they come back with. Last time Barclaycard only came back with tsandcs so that's not a proper CCA, so surely if MkRR do the same then it's not enforceable because they don't have a copy of the CCA to give me

No - stop. Listen & rewind.

Is this from 2012? If yes then forget UE - it DOES NOT APPLY!!

[PlanB]

Re: Final Notice - Potential LBA?

If you do get issued with a claim you may get the option to agree to Mediation where it can be settled without getting a CCJ on record.

However you will only get offered that option (i.e. Mediation) after you've filed a Defence, and at the moment it is too soon to predict what your Defence could be.

If you file a flippant Defence (one with no legal merit) you will be vulnerable to the Claimant asking the court to strike it out before you even get as far as Mediation. In those circumstances you could get a judgement against you.

This is the time to lay a good paper trail in the hope that they slip up somewhere which you can use to your advantage.

You also need to remember that the creditor can remedy a number of breaches prior to the hearing. In my case MKDP came up with the application form (which they claimed was a bona fide CCA) five months after they had issued proceedings. The DJ was happy with that. All he cared about was did or didn't it exist.

I'm afraid I agree with Niddy, I very much doubt this debt will be unenforceable. Sorry.

Plan B x

[Never-In-Doubt]

Re: Final Notice - Potential LBA?

I'm afraid I agree with Niddy I very much doubt this debt will be unenforceable. Sorry.

There is no legal option to deem it UE - it was repealed with the change from CCA1974 to CCA2006 amended.

UE is simply not an option.

Send 100 CCA's - it will not matter one iota - they will still win in court if it got that far as s.127(3) never existed in respect of your agreement.

[The Tech Clerk]

Re: Final Notice - Potential LBA?

Would seem appropriate to come to some agreement with them regarding a plan of repayment? just a thought as it would seem you are going around in circles and the outcome could cost you a lot more in time & cost? just a thought!