DNW's UE Diary

[DNW]

Re: DNW's UE Diary

I've got this going off to MKDP today and will await their reply.

Further to your recent letter, you have provided an unsatisfactory response and I shall therefore refer my concerns to the Financial Ombudsman Service.

[PlanB]

Re: DNW's UE Diary

I've got this going off to MKDP today and will await their reply.

No harm in sending a copy of that letter to Keynes is there I've only just noticed it's already got that far. Their letter dated 16th May looks like a LBA to me since it gives you 14 days Notice of Legal Action. Even though you've replied to it you've only heard back from MKDP not from Keynes. They often pretend they don't know each other.

[DNW]

Re: DNW's UE Diary

Do you mean send a copy of the one-liner to Keynes? Or Pauls' letter?

[PlanB]

Re: DNW's UE Diary

Do you mean send a copy of the one-liner to Keynes? Or Pauls' letter?

Pass

All I meant was 'if it was me' I would send Keynes a copy of your today's letter to MKDP on a FYI basis. I'll let someone else decide what you should/shouldn't do about Keynes' (possible) LBA letter of 16th May.

[DNW]

Re: DNW's UE Diary

Sorry, I meant 'what would you do if you were in my position', rather than how it sounded as 'what should I do'!!

I was originally going to send LBA to Keynes when I received their letter, but Deepie suggested Sold in Dispute might be more apt so that's what I sent at the time. I've not heard back from Keynes yet so will send them a copy of my MKDP one-liner for now and see what their next move is. Hopefully they'll respond giving me a chance to send Paul's letter rather than just throwing a claim into Northampton.

[DNW]

Re: DNW's UE Diary

Barclaycard2

Name                     - Barclaycard Gold Master
Type of account          - Credit Card
Date commenced           - Feb 2006
Approx balance           - £2000
Date last paid           - Mar-11    
Arrangement/not paying   - Not paying
Status                   - In Arrears (DN Rec'd) 
Account owner            - DCA (Mercers)

Key:
Them
Me
Other


Activity

1. [SNIPPED] allaboutFORUMS - View Single Post - DNW's UE Diary
   
   
2. 22/09/12 - Received from Barclaycard - Notice of Assignment to MKDP LLP (Filed awaiting contact from MKDP)
3. 16/10/12 - Received from MK Rapid Recoveries - We've bought your debt, please send us a payment.
4. 19/10/12 - Sent to MKRR - Our Templates | Unenforceability Templates | Account Sold whilst in Dispute
5. 24/10/12 - Received from MKRR - Final Notice... we are instructing pre-litigation dept and they may commence proceedings against you.(Filed as I think it had crossed with my letter of 19/10/12)
6. 14/12/12 - Received from MKRR - They're liasing with my original creditor to fulfil my request for documents (Filed - awaiting further contact)
7. 01/03/13 - Received from MKDP - They're still unable to fulfil my CCA request and will re-contact as soon as they receive requested documents from OC. (Filed)
8. 05/04/13 - Received from MKDP - They're still in contact with Barclaycard for the CCA and will be in touch shortly. (Filed)
9. 05/04/13 - Received from MKDP - some statements of account. they're still looking for CCA and will be in touch. (Filed)
10. 24/04/13 - Received from MKDP - Recon CCA received. Emailed to Niddy and await his response.
11. 24/04/13 - Sent to MKDP - CCA Query - Missing Prescribed Terms - allaboutDEBT UK
12. 16/05/13 - Received from Keynes Collections -Notice of Intended Legal Action - if no payment is made within 14 days, further action may be taken without further notice.
13. 18/05/13 - Sent to Keynes - Account Sold whilst in Dispute - allaboutDEBT UK
14. 24/05/13 - Received from MKDP - Final response, we have supplied a true copy CCA as per Carey v HSBC, there is no obligation to provide a signed copy, it's enough to know a copy was signed at time of inception. Feel free to complain to FOS if you don't like this.
15. 29/05/13 - Sent to MKDP & cc's to Keynes a one liner informing them I would be taking up with FOS (as per post allaboutFORUMS - View Single Post - DNW's UE Diary
    

Barclaycard2 Update


12/06/13 - Received from MKDP - Confirm final response has been issued and they're no longer able to enter into any correspondence. I have the right to refer to FOS if I wish.



Since MKDP have sent me a final response (twice) now, is it now time to actually write to FOS and send a copy to MKDP & Keynes? What kind of things could/should my complaint consist of?

[ScabHunter]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

These idiots like to use this trick just to confuse people. Communicating with (alleged) debtors in a misleading manner is contrary to the OFT Guidance.

I'll write out a reply if you want.

SH

[SXGuy]

Re: DNW's UE Diary

I agree, got the same style letter from BCW only last week, kindly included an FOS leaflet too. Which got put in the recycling.

[DNW]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

These idiots like to use this trick just to confuse people. Communicating with (alleged) debtors in a misleading manner is contrary to the OFT Guidance.

I'll write out a reply if you want.

SH

Well they've certainly confused me lol. SH I would very much appreciate a letter with which to reply, thank you!

[Never-In-Doubt]

Re: DNW's UE Diary

All of this talk about complaints, the FOS and “final responses” is all just utter bollocks.

None of the AAD templates which have been sent constitute a formal complaint, therefore there are no timescales for final responses, and nothing which could be escalated to the FOS in any case.

Be careful guys, if a business classify something as a complaint whether you call it one or not and they issue a final response, whether you like it or not that is their final response and you have 6 months to go to the FOS.

How am I so certain? The FOS just did this with me, and we are DPA Registered and I do like to think I know the underlying rules for compliance. Point is, I argued all the way to the top and still got told to get lost.

However I have now taken it a step further and requested that they instead recognise that it is two different complaints and not the same one. They have accepted that version but see if there is any link to the old "complaint" they will say it is out of time.

Doesn't matter if you formally raise a complaint to a business, if they treat it as one and issue a final response then it is pointless going any further - you now go to the FOS.

If they ignore you for 6 months the FOS will not slap them for that, as they can ignore you based on the fact that issue is dead in their eyes hence they issued a final response.

Make sense?

[ScabHunter]

Re: DNW's UE Diary

Apologies for the slow response, but my PC went nuts and had a go-slow, which doesn't normally happen when I'm using Linux.

Anyway, this is what I would send -

“Dear Sirs,

I am in receipt of your communication dated xxth June 2013, and note with regret that it is the latest in a long line of communications which breach the Office of Fair Trading Debt Collection Guidance, specifically Section 3.2, which states “It is unfair to communicate with debtors, or their representatives, in whatever form, in an unclear, inaccurate or misleading manner.”

Your letter alleges that you have issued a “final response”, and that the matter can now be escalated to the Financial Ombudsman Service. You will note that such responses and escalation are only possible and appropriate once a formal complaint has been submitted, and at this stage this is not the case. None of the communications I have forwarded to you is headed 'formal complaint', and plainly none of them constitute such a complaint.

You will also be aware that the Financial Ombudsman Service has stated that it is unable to adjudicate upon issues of enforceability, asserting that these are the sole dominion of the court system. As the issues I have raised with you concern this matter, you are plainly using the FOS in a misleading manner, as a deflection tactic, instead of satisfying the responsibilities of your license by addressing these concerns appropriately.

Note also that this letter does not constitute a formal complaint, although it is perfectly feasible that such a complaint will be necessary in the near future should you continue to mislead. For now, I refer you to my previous communications of 24th April 2013 and 18th May 2013, and ask that you address the points raised therein in an appropriate manner.

Yours Faithfully,”

SH

[Never-In-Doubt]

Re: DNW's UE Diary

Be careful guys, if a business classify something as a complaint whether you call it one or not and they issue a final response, whether you like it or not that is their final response and you have 6 months to go to the FOS.

How am I so certain? The FOS just did this with me, and we are DPA Registered and I do like to think I know the underlying rules for compliance. Point is, I argued all the way to the top and still got told to get lost.

However I have now taken it a step further and requested that they instead recognise that it is two different complaints and not the same one. They have accepted that version but see if there is any link to the old "complaint" they will say it is out of time.

Doesn't matter if you formally raise a complaint to a business, if they treat it as one and issue a final response then it is pointless going any further - you now go to the FOS.

If they ignore you for 6 months the FOS will not slap them for that, as they can ignore you based on the fact that issue is dead in their eyes hence they issued a final response.

Make sense?

I would read this before sending a bespoke letter

[Never-In-Doubt]

Re: DNW's UE Diary

Barclaycard2 Update

24/05/13 - Received from MKDP - Final response, we have supplied a true copy CCA as per Carey v HSBC, there is no obligation to provide a signed copy, it's enough to know a copy was signed at time of inception. Feel free to complain to FOS if you don't like this.

Based on this you would not go to the FOS - you would ignore them. The FOS cannot adjudicate this, the DCA would be in default of s.78 if they have not satisfied your request.

In light of this, you ought to ignore them for now and look at utilising our templates for additional final responses. These are all covered within the template system

[Enforcer]

Re: DNW's UE Diary

I agree with your post. Fos have tried to do this to me too.

[The Tech Clerk]

Re: DNW's UE Diary

The FOS will not adjudicate on CCA issues as they state they look to fairness of situation, and CCA1974 are county court (matters)/ rulings, been there wrote the Revue & read it & that was during a HSBC court case.