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  • PlanB
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Chaplin View Post
    is it worth me checking one of the credit ratings agencies just in case mk issued another default notice after buying the debt from BC?
    they might have added another DN which I'm sure they should not do!
    MKDP can't/couldn't issue a DN since they're not a 'credit giver'.

    A DN is a Notice telling you that you've not kept to the terms of your agreement. The DN then tells you how to remedy the problem (pay the arrears due under the contract) and if you do (remedy) the contract will continue as if nothing has happened. If you don't (remedy) the contract will be terminated.

    So MKDP can't issue a DN because they are/were not in a position to reopen your credit agreement. They would have needed to send you a new card if that were the case. They're simply not allowed to do that (the FCA can confirm).

    Mind you PRA went through a phase of issuing DNs in the hope debtors and DJs wouldn't know they were invalid *sigh*.

    Plan B x

    Leave a comment:


  • The Tech Clerk
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Mercers would change the owner info on it from BC once purchased BUT the date of DN has to remain as original date

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Cheers guys! Leaving the CRA alone! I've not looked at my CR for about 8 years!
    pretty sure Mercer's DN was oct 2010, no direct BC DN.

    Leave a comment:


  • Pixie
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Well done NW! I don't have a clue if my defaults have come off though I made a note way back at the beginning when they were added so most of them should have disappeared by now. I ordered a new phone yesterday (not one of the latest models but still around £250) and I was accepted, paying monthly alongside my usage tariff. I had simo before but I dropped my phone and completely smashed it

    Anyway, I digress. Chaplin, don't look at your CRA files. It is likely to awaken sleeping dogs.

    Leave a comment:


  • nightwatch
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    All my defaults have now gone from my credit file. Not that I want credit. It just feels good x

    Leave a comment:


  • marypoppins
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Chaplin View Post
    Guys is it worth me checking one of the credit ratings agencies just in case mk issued another default notice after buying the debt from BC?
    they might have added another DN which I'm sure they should not do! But when do DC play by the rules!
    Hi Chaplin, advice on here is to leave the credit reference agencies well alone because any activity can possible alert the DCA's.

    I wouldn't be doing anything unless something came through the letterbox which you are concerned about. Listen to what PlanB said previously, she knows her stuff!

    Do you have a copy of an old credit file showing when the default was originally registered?

    You're right, they shouldn't register another. The problem I had was that they registered mine a long time after I defaulted which means for me, another 10ish months of waiting for my final default to go off my file.

    I should be clean at the end of this month, fingers crossed!

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Guys is it worth me checking one of the credit ratings agencies just in case mk issued another default notice after buying the debt from BC?
    they might have added another DN which I'm sure they should not do! But when do DC play by the rules!

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I think I'm putting the wrong password in when I log in on my laptop! My phone remembers the log in details�� Told ya my memory was poop

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Strange - on your phone scroll to very bottom - click view full site version and it'll look the same as a laptop. Site working fine.

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Cheers Niddy, just found the discontinued letter dated Dec 15!!
    for some reason can't log in on my laptop but can on my phone so couldn't open your PM!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Chaplin,

    Don't do anything here. Silence is golden - if they issue a claim or try anything dodgy let me know. Do not respond to them without running it past us as you're in the driving seat here; as detailed above.

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Thank you Plan B,
    claim was stayed for 4 years!!
    i think I filled a holding defence as there were no documentation given to me that were mentioned in the original POC on the court papers!
    They issued a claim without having any docs mentioned in the claim.
    pretty sure the recon they sent a year after they issued a claim was unenforceable! Wrong address on it and couldn't read the terms!
    default was not sent by BC but sent by Mercers!
    The reason I was going to send a CCA request was just to buy time!! In case they argue that SB clock started when BC sold the acc which was Feb/march 2011!
    last payment was sept/oct 2010

    ive got the original CCA which I got from BC without mkdp knowing about it! An application form!
    they Mkdp/BC obviously made a recon at a newer address which I wasn't living at when I originally opened the account!

    Leave a comment:


  • PlanB
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Chaplin View Post
    Mkdp issued a cc claim 5th April 2012
    discontinued 2/3 years later!!
    If the claim was issued in April 2012 and (possibly) discontinued 2/3 years later then I'm guessing that you filed a Defence at the time (did you?).

    If so then the Claimant would need to make an application to the court for permission to issue a new claim which they won't get if the facts of the new claim are the same or substantially the same as the initial claim and any legal arguments which you may have raised in your Defence (if you did) even if they weren't raised in the Claimant's POC.

    What was the basis of your Defence (if you filed one)? Did you send CCA Request which was not complied with?

    If you can't lay your hands on a copy of the Notice of Discontinuance then you can ask the court for a copy since the Claimant would have had to file one.

    Once you've got a copy of that then you can send it to Robinson Way or Howard Cohen since they'll be the next to write to you.

    Bottom line? If you've sent a CCA Request in the past nothing is gained by sending another one UNLESS the response to that request was a compliant CCA from a previous creditor.

    If the response to your original CCA Request was a compliant agreement then sending a new request to any subsequent debt purchaser is a good idea.

    Plan B x
    Last edited by PlanB; 29 December 2016, 22:30.

    Leave a comment:


  • Pixie
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I wouldn't send anything at this point Chaplin as there was no threat accompanying the statement you received this morning. By all means search for the discontinuance letter in case you need it later but you don't need to send anything in reply to the letter today.

    Leave a comment:


  • Chaplin
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Trying to find the letter of discontinuence!!! Think I got one from the court and another from MKDP!! Although have a Mrs who hides fcuking everything bar her stuff��

    Leave a comment:

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