Clairebear's UE Diary

[Enforcer]

Re: Clairebear's UE Diary

Last blog was really interesting. Thanks

[Clairebear]

Re: Clairebear's UE Diary

Sent 'Missing Prescribed Terms' letter which was received on 11/6/13. No letter back from them yet but they've just tried calling me again. I wont pick up the phone to them so I'll just await their response by letter.

[ScabHunter]

Re: Clairebear's UE Diary

Sent 'Missing Prescribed Terms' letter which was received on 11/6/13. No letter back from them yet but they've just tried calling me again. I wont pick up the phone to them so I'll just await their response by letter.

Make a note of the times, though. Every bit of evidence of bad behaviour helps.

SH

[Clairebear]

Re: Clairebear's UE Diary

Received a reply from MKDP to my 'Missing Prescribed Terms' letter i sent them. They state this is there 'Final Response' to my concerns. They know i would like an original signed copy of my agreement but even though they must send a true copy the case of Carey v HSBC has proved the term 'true copy' does not mean a carbon, photocopy microfiche or other exact copy of the signed agreement. This means under section 78 of the CCA an exact copy does not need to be sent in order for me to be liable for the balance.

They also go onto say subsection 2.19 of the CCA states consumers and their advisor's assume if a signed copy is not provided the agreement cannot be enforced. This overlooks the fact that there is no obligation on a information request to provide a copy which includes a copy of a signature. It also overlooks the fact that section 127(3) does not apply because a signed document is not available at the court hearing, the section requires that a document containing the prescribed terms 'was' signed by the debtor.

They say this means that if a copy of an original signed agreement is not available, an un-executed agreement (unsigned and with the same t&c's) is applicable and this is what they've sent me.

As they've sent me the copy statements and because of the above info they say i am still liable for the balance.

I have no idea what to do now, as they say they have fulfilled there obligation and i am now to contact them to discus repayment.

Does anyone know what i should do next?

[Pixie]

Re: Clairebear's UE Diary

It's a standard reply. Dcas/creditors always say they've fulfilled their obligations even when they haven't.

I would send Final Response - UE (CCA Received) - allaboutDEBT UK

[SXGuy]

Re: Clairebear's UE Diary

First, you need to scan and send it to Niddy, just because they say it complies doesnt mean it does. the T's and C's may not be the correct ones, they do lie.

Send it to Niddy and wait for his opinion.

No reason why you cant blag it and treat as UE if it is EN

[Pixie]

Re: Clairebear's UE Diary

First, you need to scan and send it to Niddy, just because they say it complies doesnt mean it does. the T's and C's may not be the correct ones, they do lie.

Send it to Niddy and wait for his opinion.

No reason why you cant blag it and treat as UE if it is EN

I think Niddy's already seen it back in May.

[SXGuy]

Re: Clairebear's UE Diary

Did he say it was EN or UE? either way, id send what you suggest Pixie. (id prob ignore and see what happens next, but what do i know :P )

[Clairebear]

Re: Clairebear's UE Diary

Yeah i did send across all the t&c's etc to Niddy who advised they were unenforcable (i should have updated my timeline on the first page to show this but i forgot! ) He did say the account was UE from the documents they've sent.

like Pixie suggested perhaps as they've sent their final response i should send mine! I may wait to see what treats or nonsense they send next though, then fire it off.

[Clairebear]

Re: Clairebear's UE Diary

Received a letter from Raven Recoveries. It seems after sending MKDP a 'Missing Prescribed Terms' and getting there 'Final Response' they have now instructed Raven to collect the outstanding balance. They say 'Failure to make contact within 7 days will leave them no other option to assess your account for alternative action to recover this balance'.

Does this mean MKDP have sold it on whilst in dispute or is this just another department of MKDP?

[MrsD]

Re: Clairebear's UE Diary

I would just pop off a sold in dispute, although they are the same company anyway, but just keep a nice clean papertrail

[IF]

Re: Clairebear's UE Diary

Hi, just checking if everything is OK?


Best wishes
IF

[Clairebear]

Re: Clairebear's UE Diary

Well its been over 2 years since i last heard from MKDP about this account but its now reared its head again.

I received 2 letters (both came in same envelope) one from 'Hoist Portfolio Holding 2 Ltd' advising they have been assigned my debt & they are now the data controller of my Personal Data. They also mention changing my credit file from MKDP to Hoist.

The second letter is from a Robinson Way Debt Collectors advising they are acting as a collection agent to HPH2 Ltd and i need to contact them by 23/10/15 to advise them on how i'd like to repay the account.

[nightwatch]

Re: Clairebear's UE Diary

Clairebear, MKDP have passed over most of their UE accounts to Hoist/ Robinsonway, (all part of the same company) even mine, have a look here http://forums.all-about-debt.co.uk/s...592#post532592

just put a post up there so we can keep track on whats going on, I would just wait and see whats you get next x

[Clairebear]

Re: Clairebear's UE Diary

Ahhh thank you nightwatch...i've found the thread. I'll post there now