stuffthebanks' UE diary

[stuffthebanks]

Re: stuffthebanks' UE diary

It seems MKDP have grown tired of arguing with you so they've escalated it to MKRR.

Although they are part of the same group they act independently which means they either don't know or pretend not to know the history of your dealings with MKDP. This is good in some ways because you can start the letter cycle again when appropriate.

I agree with what's been said. Since they've merely introduced themselves and not threatened anything there's probably no need to reply. Their next letter is likely to be more stroppy and may well need a response but not yet. The letter writing process may then continue for a while before your account will be sent to Raven Recoveries where the whole cycle starts again.

I've been to court against MKDP recently and they managed to produce documents at the eleventh hour (albeit they still lost). So I wouldn't get overly excited about what cards they are holding at the moment because that could change at any time. However what they can't do is come up with a recon of a document which wasn't properly executed in the first place.

Plan B x

Cheers for that Pan B.....i always appreciate feedback/ guidance / reassurance...
Your experience in the fight against this lot is invaluable.....
Thanks for taking time out to reply......i am very grateful....

All the best

[Never-In-Doubt]

Re: stuffthebanks' UE diary

Nidd's, i reckon you and Clever clogs are the same person.......

Now you know that ain't true

[stuffthebanks]

Re: stuffthebanks' UE diary

Hi all,a very good morning to you....
Update on my Barclaycard now owned by the lovely peeps at MKDP....

16-6-15 - Received today....From MKDP....

Good morning

Thank you for your email. Please accept this email as a Final Response to your concerns.

You have advised us that you are unhappy with the copy of credit agreement you have received.

Your request for a copy of the credit agreement was made under section 78 of the Consumer Credit Act 1974. Please find below an extract from paragraph 2.17 of Guidance issued by the Office of Fair Trading on section 77/78/79 of the Consumer Credit Act 1974:

“The copy of the executed agreement must be a 'true copy' of the original. However, as confirmed in the recent case of Carey v HSBC Bank plc, the term 'true copy' does not mean a carbon, photocopy microfiche copy or other exact copy of the signed credit agreement”.

Furthermore, paragraph 2.18 of the said Guidance confirms that pursuant to The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983, any signature box, signature and date of signature may be omitted from the copy of the executed agreement.

This therefore means that where a request is made under section 78 of the Consumer Credit Act 1974, an exact copy of a Credit Agreement showing a signature does not need to be sent to you and a “reconstituted” copy (as you have received from Barclaycard) is sufficient.

Accordingly, the creditor’s duty under section 78 has been satisfied and you remain liable for the above balance in full.

Furthermore we can also confirm that 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 61 (1) of the Consumer Credit act 1974.

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 reconstituted copy which is legible. As you are aware we have provided you with a copy previously.

We request you contact us on 0330 300 1004 to discuss your account.. Our office opening hours are, Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 4pm.

On this occasion we have been unable to uphold your complaint due to the reasons stated above. Should you remain unhappy with our response you do have the right to refer your concern to the Financial Ombudsman Service. 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.

Would really appreciate an idea on a polite response, i think they may be confused in some way, because its not the agreement that is the sticking point, its the terms and conditions..........
Thanks in advance as always

[stuffthebanks]

Re: stuffthebanks' UE diary

Hi Guys, hope you are all well and good.
Update on MKDP.....Barclaycard...
6-7-15 - Letter received today from MK rabid recoveries.......Further to their offer of help to clear this balance they have not received my offer....
Without my co operation they may need to instruct their pre legal department to review my account......

Doesn't exactly fill me full of dread and fear..........Any advice on what to send back.........

Cheers guys......

[Pixie]

Re: stuffthebanks' UE diary

Normally I would probably suggest ignoring it but, as MKDP seem to be trigger happy at the moment, I would be keeping a paper trail going. Maybe send the UE Final Response letter which you'll find in the Template Letters section of AAD+

[MrsD]

Re: stuffthebanks' UE diary

I would do the same, keep the paper trail, nice and clear, might head up complaint or Please Read Carefully as it is absolutely obvious that the rabid ones never read anything, they just plough on their own sweet way,

[stuffthebanks]

Re: stuffthebanks' UE diary

Thanks Pixie, Mrs D,
The UE final response letter it will be then......

Thanks for taking time out to respond, as always, it is very much appreciated....

[stuffthebanks]

Re: stuffthebanks' UE diary

Me again,
I have read through the UE final response templates, not sure which one to send and what parts to edit out....
Must be a senior moment on my part...
Or would it be as well to send a short response along the lines of .....They must send a copy as was, plus any variations. All you got was variable terms, not those (or a recon) as per those from outset

Cheers guys...go gentle with me, i have a migraine from hell

Thanks

[stuffthebanks]

Re: stuffthebanks' UE diary

Hi all, hope things are good with you this fine afternoon.....
I sent the final response template to MKDP last week, and today received their reply.

Quote:Good morning,Further to your recent email. I can confirm that a Final Response was issued to you on the 16^th June 2014 and this clearly stated our position. Whilst I am sorry that you remain dissatisfied, we have nothing further to add.
As no new information has been provided to us regarding this matter I must advise you that our complaints procedure has now been exhausted and we are unable to enter in to any further correspondence regarding this matter.

Would very much appreciate ideas on where i go from this point

Thanks in advance

[Undercover Elsa]

Re: stuffthebanks' UE diary

Hi Stuffthebanks,
I've just had a quick read through, this is the Barclaycard for £830, and they've provided a recon but not included the T&C's from inception. Is that correct?

If so, it's got to the stage now where you know they haven't completed your request, and why, but it's not wise to tell them exactly why (hence the generic template letters).

It's arguably better for them to go to court and find out their mistake too late, than to help them by telling them so that they can rectify it before issuing a claim.

How did they end the letter? Did they give you a deadline to respond, and state what they would do if you didn't?

Elsa x

[stuffthebanks]

Re: stuffthebanks' UE diary

Hi Stuffthebanks,
I've just had a quick read through, this is the Barclaycard for £830, and they've provided a recon but not included the T&C's from inception. Is that correct?

If so, it's got to the stage now where you know they haven't completed your request, and why, but it's not wise to tell them exactly why (hence the generic template letters).

It's arguably better for them to go to court and find out their mistake too late, than to help them by telling them so that they can rectify it before issuing a claim.

How did they end the letter? Did they give you a deadline to respond, and state what they would do if you didn't?

Elsa x

Hi Elsa,
Thanks for replying....
Yes, according to the great and the good himself Mr Nidd's the original prescribed t&c's are missing from the recon Barclays sent.
The letter ended by saying i could appeal via the ombudsman.....

I agree totally about going to court, no problem with that........I would be far happier though, if someone could take another look at the t&c's one last time, this is in no way my doubting what has already been said before about them not being right, i just need to know that i go into battle 100% certain of the facts......
As Mr Nidd's has already mentioned, its a small debt, no need to stress....i appreciate this, but having gone to court twice before this and got well and truly stitched up i vowed never to let it happen again......... i was so naive back then its painful to think about

Thanks Elsa.........and if anyone is willing to look through the t&c's....i really would appreciate it very much. .....

Thanks again Elsa

[Undercover Elsa]

Re: stuffthebanks' UE diary

Hi Steve,
Don't worry, if a claim is issued, the legal team will go over the agreement and other documents with a fine tooth comb

Elsa x

[stuffthebanks]

Re: stuffthebanks' UE diary

Hey thanks Elsa,
I appreciate that very much....
That has made me feel far more relaxed.....

You guys are brilliant at calming the nerves........

As always a huge thank you.....

[Never-In-Doubt]

Re: stuffthebanks' UE diary

Hi Elsa,
Thanks for replying....
Yes, according to the great and the good himself Mr Nidd's the original prescribed t&c's are missing from the recon Barclays sent.
The letter ended by saying i could appeal via the ombudsman.....

I agree totally about going to court, no problem with that........I would be far happier though, if someone could take another look at the t&c's one last time, this is in no way my doubting what has already been said before about them not being right, i just need to know that i go into battle 100% certain of the facts......
As Mr Nidd's has already mentioned, its a small debt, no need to stress....i appreciate this, but having gone to court twice before this and got well and truly stitched up i vowed never to let it happen again......... i was so naive back then its painful to think about

Thanks Elsa.........and if anyone is willing to look through the t&c's....i really would appreciate it very much. .....

Thanks again Elsa

We use Joanna Connolly now. You won't be stitched up. If and when a claim is issued and if it was risky we'd guide you how to settle via Tomlin. Point is we can't give a definitive 100% *this is UE* as a creditor could find different documents and that's that - which is why we say you need to wait and if and when a claim is issued we'd then get documents and base a defence (if any) around the info in hand at that time. Clarifying something today means little. It could be a different outcome tomorrow.

I'm trying to say try and stay relaxed. Nothing more you can do but seriously don't worry. Jo is like a terrior and knows her stuff. You'll be in very safe hands.

[stuffthebanks]

Re: stuffthebanks' UE diary

We use Joanna Connolly now. You won't be stitched up. If and when a claim is issued and if it was risky we'd guide you how to settle via Tomlin. Point is we can't give a definitive 100% *this is UE* as a creditor could find different documents and that's that - which is why we say you need to wait and if and when a claim is issued we'd then get documents and base a defence (if any) around the info in hand at that time. Clarifying something today means little. It could be a different outcome tomorrow.

I'm trying to say try and stay relaxed. Nothing more you can do but seriously don't worry. Jo is like a terrior and knows her stuff. You'll be in very safe hands.

Cheers Boss.......
Always good to hear from you Mr Nidd's, and appreciate the words of wisdom.....
I have every faith in advice given by you and the team.......

Thanks again ............