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  • Re: Fredbares UE Diary

    Originally posted by vint1954 View Post
    I would just send a short letter:

    I refer to you letter dated xxxx, in which you refuse to deal with my lawful request.

    The OFT guidelines on debt collection are quite clear. I would advise that you read and understand them. It is painfully clear that YOU are instructed by your client in this matter, so please stop wasting my time and respond to my lawful request. If you are unwilling to do so in this matter, I suggest that you return this account to HSBC.
    Originally posted by fredbare View Post
    Thank you Vint

    I wasn't sure what more I could say to them but didn't want to ignore them either, your suggestion is perfect, short and to the point, I would have probably rambled on a bit and shot myelf in the foot or something.

    Will sort that letter out and get it in the post tomorrow morning. I will let everyone know when I receive a reply.

    Thank you again, best wishes, Fredbare
    Hi everyone

    Ok an update

    Letter received from km rapid recoveries. Is headed final notice in big black letter. It states:

    As you have not taken up our offer of help and as a legal requirement we must now inform you that we are instructing our pre-legal dept 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 judgment be obtained against you they could take a chtge against your property (if you are a homeowner) or have monies deducted 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.

    So their threatening costs in line with my agreement,, what agreement? it was an o/d, there is no agreement.

    mkdp havent addressed my last letter , this reply is from mk rapid recoveries.

    As they'r threatening legal action should I respond, will have to think about this one.

    Thanks everyone

    Fredbare

    Comment


    • Re: Fredbares UE Diary

      Originally posted by fredbare View Post
      Hi everyone

      Ok an update

      Letter received from km rapid recoveries. Is headed final notice in big black letter. It states:

      As you have not taken up our offer of help and as a legal requirement we must now inform you that we are instructing our pre-legal dept 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 judgment be obtained against you they could take a chtge against your property (if you are a homeowner) or have monies deducted 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.

      So their threatening costs in line with my agreement,, what agreement? it was an o/d, there is no agreement.

      mkdp havent addressed my last letter , this reply is from mk rapid recoveries.

      As they'r threatening legal action should I respond, will have to think about this one.

      Thanks everyone

      Fredbare
      Their letter is naughty as they do not state that they would have to go back to court to apply for an attachment of earnings order if they were successful in their initial claim and only if you didn't make a payment. The letter also potentially breaches pre-action protocols.

      The letter is very misleading as they say they are going to "review your account for further action" and that they "may" commence litigation.

      You could either ignore and wait for a proper letter before action or respond with the following:

      http://www.all-about-debt.co.uk/old/...nce-litigation

      Best
      SnV
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!



      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      Comment


      • Re: Fredbares UE Diary

        Thank you SnV

        Will think about this, read the link and let you know later what i decide to do. They are writing to me from two different departments, mkdp llp and mk rapid recoveries, i dont think either of them know what their doing, mkdp llp stated in writing that a credit agreement is not applicable for this type of account, mkrr are threatening costs in line with the agreement! I think the latest one might be a template letter a its got a letter reference number on it.

        Thnks again

        Fredbare

        Comment


        • Re: Fredbares UE Diary

          Originally posted by fredbare View Post
          Thank you SnV

          Will think about this, read the link and let you know later what i decide to do. They are writing to me from two different departments, mkdp llp and mk rapid recoveries, i dont think either of them know what their doing, mkdp llp stated in writing that a credit agreement is not applicable for this type of account, mkrr are threatening costs in line with the agreement! I think the latest one might be a template letter a its got a letter reference number on it.

          Thnks again

          Fredbare
          Hi everyone

          Im still thinking about a reply to their latest load of nonsense. I know what i'd like to do, and thats refer them to mkdp own correspondence to me and insist they correspond from one department only as the information they are sending from two different departments contradicts each other and as S&V pointed out is misleading. Will think about it over the weekend and not rush into anything.

          Thanks again

          Fredbare

          Comment


          • Re: Fredbares UE Diary

            If it were me I would just send a one liner referring them back to your last letter. Enclose a copy.

            Also remind them that there should only be one agency contacting you

            Comment


            • Re: Fredbares UE Diary

              Originally posted by vint1954 View Post
              I would just send a short letter:

              I refer to you letter dated xxxx, in which you refuse to deal with my lawful request.

              The OFT guidelines on debt collection are quite clear. I would advise that you read and understand them. It is painfully clear that YOU are instructed by your client in this matter, so please stop wasting my time and respond to my lawful request. If you are unwilling to do so in this matter, I suggest that you return this account to HSBC.
              Hi Vint

              Your letter above was the last one I sent, so i will refer them back to that. Also when reminding them that they shouldn't be contacting me from two departments would it be wise to refer them to mkdp's letter stating all contact concerning the account should be dealt with by mkrr and not themselves, this was stated in their letter of assignment to me.

              Thank again everyone

              Fredbare

              Comment


              • Re: Fredbares UE Diary

                send the letter to whoever is writing to you Fred, you can mention as many letters as you like, I once reminded Moorcroft about 8 different letters........................never heard from them again, guess it was too difficult for them...............

                Comment


                • Re: Fredbares UE Diary

                  Thanks Mrs D

                  Will get the letter written and update soon

                  Best wishes

                  Fredbare

                  Comment


                  • Re: Fredbares UE Diary

                    Hi everyone

                    I hope I'v done the right thing here, today I sent two letters,
                    1. to mkdp headed no acknowledgement of debt and formal complaint, reminded them that only one agency should be contacting me at any one time and pointed out that as they are now the legal owners of the alleged balance they should have made sure they had the relevant paperwork at point of sale and it is their responsibility to supply paperwork. Told them to go ask the scammers themselves. Also told them I will only be corresponding with mkrr as per their instruction.

                    2. to mkrr headed no acknowledgement of debt to them or any company they represent. Told them the contents of their letter had been noted and although the letter was misleading I am treating it as a letter before action and requested the documents they would be relying on for litigation including any agreement. I referred them to the practise direction pre action conduct annex a and b. Also referred them to all the previous correpondence received and sent by both department.

                    At no time did I acknowledge the debt and referred to it as the alleged balance throughout the letters. Sent recorded delivery. I think they'r phoning again had one call today, checked number online which said it was raven recoveries.

                    Thanks everyone for all the help, I will let you know what happens.

                    Best wishes

                    Fredbare

                    Comment


                    • Re: Fredbares UE Diary

                      Hi

                      Both letters above delivered and signed for today, no phone calls received today, had 3 yesterday last one was at 7.50

                      Will keep you updated, thanks again

                      Regards Fredbare

                      Comment


                      • Re: Fredbares UE Diary

                        hi everyone

                        Below is the latest drivel from mkdp, I assume its a reply to my formal complaint, their still insisting I contact hsbc myself.
                        Click image for larger version

Name:	mkdp.jpg
Views:	1
Size:	118.5 KB
ID:	1399382
                        I hope iv uploaded this correctly.

                        I have still not received a reply from mkrr regarding their lba.

                        As I have told mkdp I will only corr4espond with mkrr I think I will ignore them now, is this the right thing to do, any help is appreciated as always, thank you

                        Regards Fredbare

                        Comment


                        • Re: Fredbares UE Diary

                          Originally posted by fredbare View Post
                          hi everyone

                          Below is the latest drivel from mkdp, I assume its a reply to my formal complaint, their still insisting I contact hsbc myself.
                          [ATTACH=CONFIG]11107[/ATTACH]
                          I hope iv uploaded this correctly.

                          I have still not received a reply from mkrr regarding their lba.

                          As I have told mkdp I will only corr4espond with mkrr I think I will ignore them now, is this the right thing to do, any help is appreciated as always, thank you

                          Regards Fredbare
                          I am going to ignore mkdp now and only communicate with mkrr, as mkrr have not responded to my reply regarding their lba should I send a chasing letter reminding them?

                          The facility letter for the overdraft that mkdp sent with the above letter expired a few days before the account was closed by hsbc so was never renewed. An interesting term in the facility letter states.


                          Any security over your home does not secure the overdraft facility referred to in this letter. If we provide new or renewed overdraft facilities to you they may be secured by any security over your home.

                          Does this mean this alleged balance can never be secured? as mkrr have suggested they could apply for a charging order against my house.

                          Thank you, any help with this would be appreciated.

                          Regards Fredbare

                          Comment


                          • Re: Fredbares UE Diary

                            Sorry but. They are debt purchasers, they now own the account, up to them to obtain relevant paperwork not you.

                            Comment


                            • Re: Fredbares UE Diary

                              Hi everyone

                              I am ignoring mkdp and have sent a one line letter to mkrr stating I am still waiting for a response to my last letter to them. I will update when I hear from them.


                              Thanks again


                              Fredbare

                              Comment


                              • Re: Fredbares UE Diary

                                Originally posted by fredbare View Post
                                I am going to ignore mkdp now and only communicate with mkrr, as mkrr have not responded to my reply regarding their lba should I send a chasing letter reminding them?

                                The facility letter for the overdraft that mkdp sent with the above letter expired a few days before the account was closed by hsbc so was never renewed. An interesting term in the facility letter states.


                                Any security over your home does not secure the overdraft facility referred to in this letter. If we provide new or renewed overdraft facilities to you they may be secured by any security over your home.

                                Does this mean this alleged balance can never be secured? as mkrr have suggested they could apply for a charging order against my house.

                                Thank you, any help with this would be appreciated.

                                Regards Fredbare
                                Originally posted by Enforcer View Post
                                Sorry but. They are debt purchasers, they now own the account, up to them to obtain relevant paperwork not you.
                                Originally posted by fredbare View Post
                                Hi everyone

                                I am ignoring mkdp and have sent a one line letter to mkrr stating I am still waiting for a response to my last letter to them. I will update when I hear from them.


                                Thanks again


                                Fredbare
                                Hi everyone

                                An update, I have n ot heard from mkrr but hyave received a letter from mkdp which states

                                Further to your recent correspondence find enclosed our letter of response, please contact us to discuss repayment.

                                The letter they have enclosed is a copy of the one I have posted above.

                                MKRR seems to have disappeared and are ignoring me. I am going to ignore all contact from MKDP but would appreciate your views on what I cando next.

                                Thanks everyone Fredbare

                                Comment

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