Angelag's ue Diary

[Deepie]

Re: Angelag's ue Diary

I've received a letter from mkdp llp today asking me to contact them about payment.I'm not sure what to do now.

Just ignore for now, and let us know when they contact you again

[Never-In-Doubt]

Re: Angelag's ue Diary

Just keep us updated - don't worry, these are standardised letters that were not ever printed just for you - honestly, don't feel privileged.... lol

[garlok]

Re: Angelag's ue Diary

It amazes me with some of these letters. A lot are now using the title "LLP" in the vain laughable hope that we will all panic because we think its a legal letter. l l

OK a lot of legal practices are "LIMITED LIABILITY PARTNERSHIPS" but it is not restricted to the legal profession. Some of these poor excuses for human beings really are a joke.

regards
Garlok

[Never-In-Doubt]

Re: Angelag's ue Diary

It amazes me with some of these letters. A lot are now using the title "LLP" in the vain laughable hope that we will all panic because we think its a legal letter. l l

OK a lot of legal practices are "LIMITED LIABILITY PARTNERSHIPS" but it is not restricted to the legal profession. Some of these poor excuses for human beings really are a joke.

regards
Garlok

If you register with a company in the US you're an LLP as well...

Now who here says they've never had a Delaware company registered?

It's one of the oldest ways to fiddle the accounts get a helping hand!

[ANGELAG]

Re: Angelag's ue Diary

I have received a letter from Bryan Carter solicitors stating payment must be made in full within 14 days or they will recommend further action be taken.
Do i need to reply to this?

MBNA 2 - Ends 16
credit card
started August 2000
last full payment June 2007
no default recieved, not making payments
letters recieved from mbna

(Both started of as A & L credit cards, 1 was a visa, 2 a mastercard and then both taken over by mbna,some letters refer to both account numbers some dont)

16/4 requested cca
May reminder sent
June Final response sent
September (2010) letter confirming they havent responded to my request but still enforceable
July (2011)letter from mbna stating account will be placed with dca
July letter from fredrickson international asking for payment
August letter from fredrickson asking for payment
September letter from bryan carter solicitors giving me 14 days to make full payment or they will recommend further action

[Deepie]

Re: Angelag's ue Diary

I have received a letter from Bryan Carter solicitors stating payment must be made in full within 14 days or they will recommend further action be taken.
Do i need to reply to this?

Just ignore for now

[BBoo]

Re: Angelag's ue Diary

Start doing something when they say action is being taken, not they're recommending it. I could recommend you pay off every penny of your debt immediately, but I bet you wouldn't do it.

It's more than likely a threat!

[ANGELAG]

Re: Angelag's ue Diary

I have a next account which i have just sent a cca request for and i have receieved a reply this morning with a credit agreement. I don't know if its enforceable or not. The credit agreement is a copy and has none of my details on it.

I'm not sure what to do now.

[Deepie]

Re: Angelag's ue Diary

I have a next account which i have just sent a cca request for and i have receieved a reply this morning with a credit agreement. I don't know if its enforceable or not. The credit agreement is a copy and has none of my details on it.

I'm not sure what to do now.

Send them this for now > CCA Query - Copy Document Received ......If anything it will buy you time until Niddy gets back & he can have a look

[ANGELAG]

Re: Angelag's ue Diary

Send them this for now > CCA Query - Copy Document Received ......If anything it will buy you time until Niddy gets back & he can have a look

I've recieved a reply from next with a copy of a credit agreement.
On the letter they say they don't have the original signed agreement on file so are unable to send it to me. But the true copy they have sent is sufficient. They then go on to say that the absence of the original does not remove my responsibility to pay and that the McGuffick case found demanding payment,threatening legal action is not enforcement action.
So does that mean that its unenforceable?

[Paul.]

Re: Angelag's ue Diary

Hi

The question is "Did you sign a credit agreement when you opened the Next account?"

If No, then it is unenforceable IF the account was opened earlier than 6th April 2007 and the creditors rights were restricted from the outset thus cannot enforce the agreement. This point is also made in McGuffick.

If you did sign an agreement then you may be at risk if they do find it from their archives.

[ANGELAG]

Re: Angelag's ue Diary

Hi

The question is "Did you sign a credit agreement when you opened the Next account?"

If No, then it is unenforceable IF the account was opened earlier than 6th April 2007 and the creditors rights were restricted from the outset thus cannot enforce the agreement. This point is also made in McGuffick.

If you did sign an agreement then you may be at risk if they do find it from their archives.

Hi
The account was opened in 2002 so i can't remember if i signed a credit agreement.
I just need help with the next steps as they have sold it to a dca. Do i go down the unenforceable route as i have with my other creditors,when they have said they cant find my credit agreement.

[Deepie]

Re: Angelag's ue Diary

Hi
The account was opened in 2002 so i can't remember if i signed a credit agreement.
I just need help with the next steps as they have sold it to a dca. Do i go down the unenforceable route as i have with my other creditors,when they have said they cant find my credit agreement.

Send this back to next > Final Response - Unenforceability (CCA Received) & see what they do next

[garlok]

Re: Angelag's ue Diary

Perhaps this is now a case to obtain a formal declaration under CPUTR2008 as to their posession of an original agreement within 7 days. They have already said they don't have one and a CPUTR2008 demand could see them off for good. They cannot fail to comply with this and they cannot lie to mislead you. To do so is an offence and they are going to look pretty foolish if they say no now and then turn up in any action with something they claim or actually is an agreement.

Just a few thoughts.

regards
Garlok

[ANGELAG]

Re: Angelag's ue Diary

Send this back to next > Final Response - Unenforceability (CCA Received) & see what they do next

I have received a letter from capquest with a copy of reconstituted credit agreement and copy of terms and conditions.

Will email a copy to Niddy