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Re: spent2much UE diary
The letter is dated 02/01/2016 and we got it today ???? which means the ten days threat to make a proposal is now up so not even allowing a defence .
I think this needs a letter , anyone agree ??
thanks
Originally posted by Spent2much
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Type of account (credit card) husband's
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £2,242.71
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner (originally monument but passed to Barclaycard )
09/07/2012 sent CCA request
27/07/2012 barclaycard they are dealing with request
12/02/2013 from barclaycard
cca recon sent to niddy
13/02/13 sent missing pt's
22/02/2013 from Barclaycard
About your complaint
Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
account.
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.
I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.
_____
It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)
___________
another 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading.
timescales
your options
Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .
28/02/2013 from barclaycard
Thank you for contacting Barclaycard.
Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.
May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.
I hope this information is of some assistance to you.
07/03/2013 from Barclaycard
they have semt an application form saying it is a cca. I have sent it to niddy
5/03/2013
Niddy says still
23/08/2013 Barclaycard
I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013
This means that the effective owners of the above account are now MKDP LLP.
MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.
I confirm that the amount outstanding on your account as at August was £2324.18
With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
11/10/13 from Rapid Recoveries
Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.
We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.
Pleas call us to discuss ways we can help.
Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
24/10/2013-MKrapid recoveries
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take 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 avoid this.
26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
Still UE.
4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .
5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.
At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.
15/02/2014 MKDP
Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
12/03/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
10/04/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
11/05/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
02/06/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
07/07/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
2/10/2014 Barclaycard/Monument
cca as requested .The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template
30/10/2014 sent missing P&T
sorry this is in blue it won't typein red
6/11/2014 received from MKP
Whilst i am sorry you remain dissatisfied , we have nothing further to add.
You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .
We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.
There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .
As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .
19/11/2014 again i can't type it in red
KEYNES COLLECTIONS
NOTICE OF INTENDED LEGAL ACTION
As you have failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement .
You had an agreement with Barclaycard which was assigned to MKDP LLP . Under the agreement the balance was to be repaid but you defaulted , breaching the agreement which has now been terminated . The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.
This letter constitutes a formal demand for payment of £2.323.18 and i make in accordance with the Practice Direction.
This letter requires your immediate attention, Unless full payment or a suitable payment plan is agreed within 14 days from the date of this letter (10/11/2014) , legal action to recover the debt may be taken against you without further warning and your liability for costs may increase .
Please reply in writing quoting your full name and reference or alternatively you wish to cal us to discuss you account
12/12/2014 MKDP activity suspended whilst they investigate , as soo0n as they find anything out they will let me know
3/1/2015 MKDP
I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your acount. Please accept this as our Final Response to your concerns.
I understand you are looking for further documents relating to the above mentioned account , i note you have referred to PD-PAC in your letter of the dated the 20th November 2014. At this point no legal action has been taken and we are currently trying to supply you with the relevant information so we can work together to come to a suitable arrangement.
i have enclosed
statements of account
reconstructed credit agreement
default notice
copy of the notice of assignment
I can confirm that a Barclaycard have not issued a termination notice for this account, and we not have to supply communications between ourselves and Barclaycard .
As verified in the enclosed documentation , you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment.
Due to the information above i regret to inform you that we will not be able to uphold your complaint.
We therefore request you contact us on 00000000000000000 to discuss your account. our opening times are *************
Should you remain unhappy with our response, you do have the right to refer your concern to the FOS . This must be done within six months of the date of this letter and i have enclosed a leaflet which explains how to do this .
2/1/2015 MKDP still liaising with original creditor .
20/08/2015 MKDP
statement in relation to the below Agreement which is governed by the consumer credit act 1974.
This notice is given in compliance with the provisions of the cca 1974
(gives the opening balance , total payments received , closing balance , period covered.
12/10/2015 Robinson Way
Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf .
12/11/2015 Robinson way - offer of reduced balance over three months to pay .
3/12/2015 Robinson way -The above overdue amount remains unpaid despite previous letters and calls. Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days , who will consider court action . If court action is taken, our clients solicitors will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request , then the amount you owe will be increased.
If you would rather agree an affordable repyayment plan directly with us to prevent this account being passed to HOward &Co , or if you believe you have a valid dispute relating to this account, please contact us without delay.
13/01/2016 howard cohen
notice of pending legal action
we have been requested by our client's agent, robinson way ltd, to write to you regarding the above outstanding debt.
Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we are instructed to issue proceedings in the county court with a view to obtaining a county court judgement against you. If we issue proceedings we sall ask the court for an order adding legal costs and interest to the amount you ow. If the court grants our request. then the amount you owe will be increased .
Certain procedural rules govern claims in the county court . A failure to follow those rules may result in the court imposing sanctions for non-compliance. Details of the rules relating to litiigation can be found at jusitc.gov.
13 Jan 2016 sent letter before action
Date commenced (2005) i put 2005 but they may be before this also
Approx balance.( £2,242.71
Date last paid (22/06/2012)
Are you on arrangement or not paying (stopping dmp )
Status (default received but don't have it as was burgled in 2010 and some of our personal papers were scattered in the snow and could not be recovered )
Account owner (originally monument but passed to Barclaycard )
09/07/2012 sent CCA request
27/07/2012 barclaycard they are dealing with request
12/02/2013 from barclaycard
cca recon sent to niddy
13/02/13 sent missing pt's
22/02/2013 from Barclaycard
About your complaint
Thank you for contacting us on 13 feb 2013 regarding your Barclaycard
account.
I am sorry that you have had reason to complain.
I understand you are not satisfied that we have complied with our boligations under section 78 of CCA . We believe your credit agreement to be fully
compliant with the Act and any allegations that it is not will be opposed. I realise this is not the answer you wanted,so I have given the details below so you can see the reasons behind our decision .
I am aware that we made errors in our previous response which i have amended accordingly. Feedback has been given to the member of staff who made this error.
I would like to assure you that the provision of a high level of service is of paramount importance to us and apologise for the oversight in the information provided with our previous letter.
I would like to acknowledge your request for a copy of your original agreement and I am able to confirm that this has been sent to the relevant department who will contact you directly regarding this.
_____
It goes on to explain about the case of Carey v HSBC then about the statement of the terms of the agreement as varied regulation 7 of CNC regulations provides that, where an agreement has been varied in accordance with section 82(1) of the Act(as is the case with your credit agreement)
___________
another 2 pages of statement of account
compliance with section 61 of the Act
office of fair trading.
timescales
your options
Please take this letter as our final response to your complaint. If anything is unclear or if you are unhappy with the way we have handled your complaint. please write to the above address. I will do all I can to answer your questions and reach an agreement with you .
28/02/2013 from barclaycard
Thank you for contacting Barclaycard.
Arrangements have been made for a copy of your ofiginal agreement to be issued to you, under separate cover, in due course.
May i also advise that your other queries are being handled by another deprartment and they will reply to you shortly.
I hope this information is of some assistance to you.
07/03/2013 from Barclaycard
they have semt an application form saying it is a cca. I have sent it to niddy
5/03/2013
Niddy says still
23/08/2013 Barclaycard
I am writing to inform you that the was assigned and transferred by Barclaycard to MKDP LLP on 16 August 2013
This means that the effective owners of the above account are now MKDP LLP.
MKDP LLP has appointed MK Rapid Recoveries as their servicing agent to manage your account on their behalf. All contact regarding your account should now be directed to Rapid Recoveries.
I confirm that the amount outstanding on your account as at August was £2324.18
With effect from date of this notice all payments due to Barclaycard shall be paid to MKDP LLP.
11/10/13 from Rapid Recoveries
Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment.
We want to help you and are in a position to offer an instalment arrangement to clear the outstanding balance, but we can only do this after speaking to you.
Pleas call us to discuss ways we can help.
Until we reach an agreement to clear this balance we will continue to contact you telephone or letter so we would advise you to contact us to resolve this matter.
24/10/2013-MKrapid recoveries
As you have not taken up our offer of help, we have no option but for your account to now be referred to Keynes Collections for litigation consideration to resolve this on our behalf.
They may commence litigation against you which will increase the amount payable due to costs incurred .Should the matter proceed they could take 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 avoid this.
26/11/2013 from Barclaycard , they have sent the same cca as last time , just to make sure though i have sent it onto Niddy to take a look .
Still UE
.4/12/13 received a pile of statements from MKDP and a cover letter saying their client had fulfilled their obligation by providing them and the UE forms they sent .
5/12/13 MKDP Further to your letter of acknowledgment we sent you in regards to the above account.
At this time, we must apologise, as we are still unable to resolve your query. We are however currently liaising with the original creditor, and we will contact you as soon as we receive a response from them.
15/02/2014 MKDP
Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
12/03/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
10/04/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
11/05/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
02/06/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
07/07/14 Further to our letter of acknowledgement sent you in regard to the above account, we write to advise you on the progress of your query.
At this time, we aplolgise , as we are still unable to resolve your query. We are however currently liaising with the original creditor, and will contact you as soon as we receive a response from them. As stated previously MKDP LLP take great care to ensure that such matters are dealt with in a professional manner and apologise for the delay in resolving you query.
2/10/2014 Barclaycard/Monument
cca as requested .The cca they have sent is exactly the same as the last one which niddy said is UE , i won't even bother sending niddy this as it is identical so i shall send a missing P&T template
30/10/2014 sent missing P&T
sorry this is in blue it won't typein red
6/11/2014 received from MKP
Whilst i am sorry you remain dissatisfied , we have nothing further to add.
You made reference to the prescribed terms under section 60, please note all relevant terms are enclosed supplied to you , therefore we do not believe that any issue of unenforceability arises .
We can confirm we have spoken to an employee of Barclaycard who has confirmed that in accordance with the information stored on their systems and in line with their procedures, a properly executed agreement was in place in accordance with section 91.(1) of the consumer credit act 1972.
There is no requirement to provide you with an original signed copy of the executed agreement. Our obligation is satisfied by providing you with a reconstructed copy which is legible. As you are aware we have provided you with a copy previously .
As no new information has been provided to us regarding this matter i must advise you that our complaints procedure has been exhausted and we are unable to enter in to any further correspondence regarding this matter.
should you remain unhappy with our response, you do have the right to refer your concerns to the financial ombudsman service. This must be done within six months of the final response daated 10th october 2014 where a leaflet was previously enclosed which explains how to do this .
19/11/2014 again i can't type it in red
KEYNES COLLECTIONS
NOTICE OF INTENDED LEGAL ACTION
As you have failed to respond to previous correspondence or agree a payment plan we have been instructed by MKDP LLP to collect the outstanding balance in accordance with your agreement .
You had an agreement with Barclaycard which was assigned to MKDP LLP . Under the agreement the balance was to be repaid but you defaulted , breaching the agreement which has now been terminated . The full amount is now due and you are required to pay the outstanding balance to MKDP LLP.
This letter constitutes a formal demand for payment of £2.323.18 and i make in accordance with the Practice Direction.
This letter requires your immediate attention, Unless full payment or a suitable payment plan is agreed within 14 days from the date of this letter (10/11/2014) , legal action to recover the debt may be taken against you without further warning and your liability for costs may increase .
Please reply in writing quoting your full name and reference or alternatively you wish to cal us to discuss you account
12/12/2014 MKDP activity suspended whilst they investigate , as soo0n as they find anything out they will let me know
3/1/2015 MKDP
I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your acount. Please accept this as our Final Response to your concerns.
I understand you are looking for further documents relating to the above mentioned account , i note you have referred to PD-PAC in your letter of the dated the 20th November 2014. At this point no legal action has been taken and we are currently trying to supply you with the relevant information so we can work together to come to a suitable arrangement.
i have enclosed
statements of account
reconstructed credit agreement
default notice
copy of the notice of assignment
I can confirm that a Barclaycard have not issued a termination notice for this account, and we not have to supply communications between ourselves and Barclaycard .
As verified in the enclosed documentation , you are liable for the outstanding balance stated above and we will resume our attempts to contact you to discuss a suitable repayment.
Due to the information above i regret to inform you that we will not be able to uphold your complaint.
We therefore request you contact us on 00000000000000000 to discuss your account. our opening times are *************
Should you remain unhappy with our response, you do have the right to refer your concern to the FOS . This must be done within six months of the date of this letter and i have enclosed a leaflet which explains how to do this .
2/1/2015 MKDP still liaising with original creditor .
20/08/2015 MKDP
statement in relation to the below Agreement which is governed by the consumer credit act 1974.
This notice is given in compliance with the provisions of the cca 1974
(gives the opening balance , total payments received , closing balance , period covered.
12/10/2015 Robinson Way
Your account details have been passed to us by our client to act as a collection agent and we will now be dealing with this account on their behalf .
12/11/2015 Robinson way - offer of reduced balance over three months to pay .
3/12/2015 Robinson way -The above overdue amount remains unpaid despite previous letters and calls. Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days , who will consider court action . If court action is taken, our clients solicitors will ask the court for an order adding legal costs and interest to the amount you owe. If the court grants their request , then the amount you owe will be increased.
If you would rather agree an affordable repyayment plan directly with us to prevent this account being passed to HOward &Co , or if you believe you have a valid dispute relating to this account, please contact us without delay.
13/01/2016 howard cohen
notice of pending legal action
we have been requested by our client's agent, robinson way ltd, to write to you regarding the above outstanding debt.
Unless acceptable proposals for paying the amount you owe are received within 10 days of the date of this letter, we are instructed to issue proceedings in the county court with a view to obtaining a county court judgement against you. If we issue proceedings we sall ask the court for an order adding legal costs and interest to the amount you ow. If the court grants our request. then the amount you owe will be increased .
Certain procedural rules govern claims in the county court . A failure to follow those rules may result in the court imposing sanctions for non-compliance. Details of the rules relating to litiigation can be found at jusitc.gov.
13 Jan 2016 sent letter before action
I think this needs a letter , anyone agree ??
thanks
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