Spud v MKDP ( Barclaycard) - LBA Received

[PlanB]

Re: Spud v MKDP ( Barclaycard) - LBA Received

I will email it across in a little while for you to see.

Got it.

The MKDP letter says they have instructed Keynes to collect the debt (Keynes should only issue legal proceedings after they send you a LBA) because you have not played ball.

However the MKDP letter is a little ambiguous since it refers to Pre-Action Conduct Paragraph 4 of Annex A blah blah

I think it's wise to treat it as a LBA for now.

I'll look at everything else you've sent me later.

Plan B x

[The Tech Clerk]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Defiantly LBA letter off to them,

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Thank you Mrs D and TC

I guess the letter from MKDP is kind of odd as its like a pre LBA letter but with enough points ( and knowing what they are like) to be treated as a LBA and requiring the right response

They say that I had not replied to their last letter but they gave me 7 days to reply from the date of their letter then took 4 days of that to post it. It finally arrived on the Friday afternoon so the earliest posting date once I had had a day to form the reply would be Monday, Which was the deadline. Talk about impossible deadlines and unfair tactics, Although of course we expect nothing less!! Can anybody feel an unfair relationship argument coming on?

I sent them a complaint letter first thing on the Monday morning pointing this out to them

[The Tech Clerk]

Re: Spud v MKDP ( Barclaycard) - LBA Received

LBA 1st class recorded

[PlanB]

Re: Spud v MKDP ( Barclaycard) - LBA Received

MKDP have replied to my CCA after about a year but it was the usual Barclaycard crap response of a blank piece of paper with the "your rights" box printed on it - literally that is all it is, not even the application form..... ( Im guessing that will be the agreement then!!!) and some terms and conditions that you cannot even read ( Typical Barclaycard response)

MKDP have said that they have complied with my request in sending this drivel (As they always do) so in their eyes they are compliant !!!!

Thank you for updating the history of your Barclaycard account on this thread. I've checked your UE Diary and I can't see any updates on there since March 2014. Have I got that right? I can now see from what you've posted on this thread that there's been quite a lot of activity which we didn't know about.

You accused them of harassment when I would have suggested the Missing Prescribed Terms letter when you received that almost blank piece of paper purporting to be your CCA. I say that because it is missing the prescribed terms, and that's exactly the legal argument (s.61) which won my case against them a couple of weeks ago.

The non compliance with s.78 CCA request argument is slightly different. What they must send you is what they believe to be your CCA, it then becomes up to the DJ to agree/disagree with them. I lost on s.78 in my Santander v Mayhew case but won on s.61 (and a couple of other legal points).

It's a fine line between telling them exactly what they've got wrong (so that they can then put it right) and setting up a paper trail which will help you in court. Everything you write to a creditor has the potential to be disclosed in court. Was your letter March 24th 2014 an accusation of fraudulent behaviour or is that you paraphrasing what you said to them?

Let's see what comes back from your latest CCA request and then we'll sort you out an appropriate response.

This latest letter from MKDP is dated 1st June so it obviously crossed in the post with your letter to them on 31st May. If we'd known that we may have taken a different view. It does read like a LBA but it is clearly a template since it refers to PAP "Annex A" which no longer exists (since April when Pre-Action Protocol was amended).

Why not update everything about this debt on your diary when you get a moment.

Plan B x

[PlanB]

Re: Spud v MKDP ( Barclaycard) - LBA Received

I sent them a complaint letter first thing on the Monday morning pointing this out to them

I've just seen this post of yours which crossed with my last one.

If you sent them a letter on Monday morning that would have been on 1st June (your diary update says 31st May which was a Sunday). Monday was the same day as MKDP sent you their letter which prompted you to start this thread. Those letters crossed in the post.

That LBA-style letter gives you 14 days to respond which is the 15th June. Maybe sending the LBA response right away is a little hasty now that we can see the fuller picture. Leave it 24 hours to see what others think since we can all see the history of the last year for the first time. Unless you've posted all that information elsewhere for which I will apologize.

I'm feeling less panicked when everything is put into context. Another letter may be better. I reckon you should do what Mrs D has suggested and save the LBA response until it escalates to Keynes.

Plan B x

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Thank you Plan B, You are quite right

I think I am my own worst enemy with my paraphrasing, and not explaining properly and just rushing this to get on with the next task whilst trying to do something else.

Don't worry, I have not done anything rash or stupid with regard to acusations.

I would wait until the last few days before sending any such LBA response to see if they bother to reply to my complaint and what that response would be.

It is my intention to update my diary next. I will make time to sit down away from distractions and explain in better detail

[PlanB]

Re: Spud v MKDP ( Barclaycard) - LBA Received

I would wait until the last few days before sending any such LBA response to see if they bother to reply to my complaint and what that response would be.

My prediction is that you will get no response to your complaint letter. Mind you we don't know what you said in your letter - what was the basis of your complaint?

You've sent a new CCA request today (have you?) which I expect will get the same response as you got to the one you sent them only a few weeks ago by return and well within the 14 day statutory time frame. They may perceive this as delaying tactics.

That letter from MKDP dated 1st June specifically says "unless payment in full, or a suitable payment plan agreed within 14 days of the date of this letter, legal action to recover this debt may be taken against you without further warning". They say that Keynes (MKDP's in-house legal team) have been "instructed" to collect the debt.

We've exchanged emails. I've seen the documents which they consider are sufficient to issue legal proceedings in their view. They are pretty much the same standard of documents which they relied upon to issue legal proceedings against me (twice).

So I'm going to suggest that on Tuesday you send the LBA response letter that Elsa linked in post # 5 on this thread

Hi Spud,
We're keeping our eye on you!

I'm sure you already know, but just in case, the Formal LBA Response template is here: http://forums.all-about-debt.co.uk/s...l=1#post485412

Elsa xx

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Thank you Plan B,

I do appreciate you looking over those documents for me

My complaint was in relation to them sending me a letter with a 7 day deadline ( Or else they would escalate matters to Keynes) yet them not allowing for postage which took 4 days from the date of the letter, Thus only allowing 3 days for compliance, 2 days of which were a weekend. It was impossible to comply with their deadline with return postage ect. It was inevitable that they would escalate this as there was no way I could reply in time. All kept polite and business like


As you and others have suggested, I will start to put together the LBA response and add a paragraph regarding missing pt's as a belt and braces approach.

Thank you all

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Barclaycard Mastercard

Start: 2001
Balance:£8000
LastFull Payment:Nov 2011
Present:Not making Payments– last Feb 2013
Status:Defaulted. Sold to MKDP - LBA

2012

Jan20th
Change of Circumstances letter sent
Feb8th
Letter received agreeing to token Payments
Feb22nd
Further contact letter sent – Thankyou for Token payments ect
April8th
Mercers- Default notice Received
April10th
Mercers– Immediate action needed – Threat of Doorstep Collector
April18th
ResolvecallIntroduction letter
April21st
Replyto Resolvecall – Prove it letter
April27th
Mercers– 48 hours notice of doorstep collector
May4th
Resolvecall– No longer dealing with account
June6th
Mercers- £1.00 Token payment offer letter
August8th
Phonecallasking to confirm address – We’ve got a parcel to deliver -Capquest
August9th
Capquest– Doorstep visit threat o gram letter
August24th
Capquest– Letter before action letter threatening Bailiffs ect
Sept8th
Capquest– Letter confirming no interest or fees added to account
NODATE ON LETTER
HLLegal – Court proceedings May be taken letter
Sept23rd
Capquest– Apparent we need to start litigation/ Reduced offer letter

2013Feb11th
CCA request sent to Barclays
Feb7th
Capquest - Please contact us letter received
Feb20th
Capquest - Falsley claim that I had acknowledged to pay £1PCM - I did not
Feb 24th
Barclaycard - CCA (Recon Received)Niddy says U/E
March 8th
Barclaycard - Have sent a copy oforiginal Application - Totally U/E
Aug 21st
Barclaycard -Account passed to APEX for collection
Aug 28th
APEX Welcomeletter received
Sept2nd
Prove it letter sent to APEX
Sept7th
Apex - Explination letter received
Sept 30th
Apex -Please contact us letter
Nov 18th
Apex - Please contact usletter
Nov25th
Sold in dispute letter sent to APEX
Nov29th
Thank you for your letter dated 25th Nov - If you want a copyof your CCA send £1 payment ??????
Dec 7th
Letter from Apex -Our enquiries show that you are resident at this address - They onlyhad to ask !!!

2014

Jan4th
Letter from Apex - We are authorised to concider a discountedsettlement - Contact us
Feb10th
Letter to Apex - This account is in dispute letter sent
Feb26th
Letter from Barclaycard and MKDP ( Sent together from MKDP) -This account has been sold to MKDP LLP - You need to contact us torepay this debt
Mar 7^th
Letterfrom MKRR – We have not received your offer of Repayment
Mar 10^th
Letter to MKRR – Prove it letter
Mar16th
Letter from MKDP – Informing me that they are the new owners of the account
Mar 22^nd
Letter from MKRR – We have not received your offer or Repayment
Mar 24^th
Letter to MKDP – Harassment issues and not convinced by your letter of assignment which was a poor photocopy – I am concerned it may be fraudulent
Mar 26^th
Letterto MKDP – CCA request sent
Mar 27^th
Letterto MKDP – Official complaint – Harassment/ 2 x DCA's chasing thesame account ect
April 9^th
Letter from MKDP – Unable to fulfil CCA request at this time
May 13^th
Letter from Barclaycard – What they claim to be a CCA reply – Blank paper with an incorrect address and “right to cancel box” –Thats it!
May 15^th
Letter from MKDP – Barclaycard should have sent you a copy of the notice of assignment – Also sent me some old statements?
May20th
Letter to MKDP – Account sold in dispute
May21^st
Letter from MKDP – Unable to fulfil CCA request at this time
June18^th
Letter from MKDP – Unable to fulfil CCA request at thus time
July24^th
Letter from MKDP – Unable to fulfil CCA request at this time
Aug26^th
Letter from MKDP – Unable to fulfil CCA request at this time
October2^nd
Letter from MKDP – Unable to fulfil CCA request at this time
Nov4^th
Letter from MKDP – Unable to fulfil CCA request at this time
Dec13^th
Letter from MKDP – Unable to fulfil CCA request at this time


2015


Jan19^th
Letter from MKDP – Unable to fulfil CCA request at this time
Feb23^rd
Annual statement of account from MKDP
Feb26^th
Letter from MKDP – Unable to fulfil CCA request at this time
Apr2^nd
Letter from MKDP – Unable to fulfil CCA request at this time
Apr7^th
Letter from MKDP – Reply to my CCA request – Right to cancel box on an A4 sheet and illegible terms and some old statements
Apr13^th
Letter to MKDP – Not complied with my CCA request, Illegible documents received
Apr23rd
Letter from MKRR – We have not received your offer of repayment despite our offer of help – What help?
May6^th
Letter to MKRR – Querying the content of their letter where they state that they have offered me help to clear the balance.
May14^th
Letter from MKRR – Final Notice – You have not taken up our offer of help ???????
May15^th
Letter from MKDP – Send a copy of a letter from a year ago which apparently offers me help by saying they may accept installments ????
May15^th
Letter to MKRR – I note your threat of litigation in your final notice however CCA request has not been satisfied
May23^rd
Letter from MKDP – Response to my recent letters, We are of the opinion that we have complied with the CCA request and you are liable for the outstanding balance – Copy docs enclosed
May29^th
Letter from MKRR – We have not received your offer of Repayment – We have no option other than to instruct Keynes Collections.....A blatant lie as they were well aware CCA not complied with ect
May31^st
Letter to MKRR – Pointing out their blatant lie, They have not addressedany of the points that I have raised with them. Failure to satisfyCCA request, Not allowing any time to meet their impossible 7 daydeadlines due to delays in postage not giving opportunity to respond,harassment and feelings of distress ect ect
June4^th
Letter from MKDP – Notice of intended legal action – Reply within 14days
June5^th
Letter to MKDP – CCA request sent
June5^th
Letter to Barclaycard – SAR Request sent
June 9th
Letter from MKDP - Reply to my complaint, We have complied with your CCA request, There was nothing wrong with our letter - Normal non committal reply
June 10th
Letter to MKDP - LBA letter sent

Nothing much to report, Just updating the thread - LBA letter sent to MKDP.....Time to wait now I guess

[PlanB]

Re: Spud v MKDP ( Barclaycard) - LBA Received

June 9th
Letter from MKDP - Reply to my complaint, We have complied with your CCA request, There was nothing wrong with our letter

As predicted they feel that they have complied with your CCA request(s).

What is the date on that letter? Does it refer to complying with your previous CCA request or the one you sent them on 5th June which appears to be still outstanding?

[Enforcer]

Re: Spud v MKDP ( Barclaycard) - LBA Received

MKDP always say that they have complied, they will refer to Barclaycards letters that they have complied. ALL Lies.

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

MKDP always say that they have complied, they will refer to Barclaycards letters that they have complied. ALL Lies.

Which is exactly the reply I/We were expecting.....Its almost as if you have been there before.....lol

I reply to plan B, The date of the letter was 4th June and amongst loosely attempting to address my complaint ref the impossible deadline letter ( By telling me that there was nothing wrong with it as they had asked me to telephone them !!!!!!! - Yet they were aware that I would only communicate via letter and confirmed that they had received my letter to that effect after experiencing telephone harassment from them earlier on ??????)

The letter advises that they had complied with my CCA request ( That would be the earlier CCA request, The one from a year ago that they complied with around March time) Which of course is technically untrue - But long may they believe that !!!

At the time of writing this reply letter they would not be aware of the new CCA request

It was the reply we expected really

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Sorry to double post...

I came home from work yesterday to a reply to the latest CCA request

What I received was exactly ( And I mean exactly ) what I had received in reply to my last CCA request.

When I say exactly I mean even down to a photocopy of the original letter from Barclaycard dated from march 2015. It would appear that they have just copied what was on file and not approached Barclaycard which is interesting. Still I sent a request, They replied so that is what I have to work with......

[Spud]

Re: Spud v MKDP ( Barclaycard) - LBA Received

Late update - Apologies, Mother is in hospital, Not been too well of late

I have received a reply from MKDP.

I am unsure whether this is in reply to my LBA response or MKDP have lost their marbles ( Probably both to be fair) but the letter I received is the standard template " We write further to your recent request for documents" and "Unfortunately at this time we are unable to fulfil your request" letter. Not an acknowledgement of my LBA response or anything.

I can only presume they read my letter this time !!!!.....And thought....Oh golly this chap is right in what he says and thought they better get back to the OC for any further docs ect

Back down the dark damp Barclaycard cellar