Barclaycard (MKDP) Sold to Hoist Portfolio

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

We just do things differently. Usually I'd agree, an LBA is best. But here - with this specific case I say it could cause more damage. Had you got the letter a few days earlier than the deadline then I'd possibly go with sending them a copy of their admission it's UE but as things stand right now; why bother?

Just date the envelope of the LBA received by the way. You may need that later in any defence.

Its your call whatever you do mate. I'm just putting the facts out there to think about. It's not a one answer fits all, in this extreme situation I think you know what I'd do. What you do however, is your call.

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

And there I was just airing my dirty laundry on AAD as this big storm erupted around me

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Never ignore a Letter before Action from a solicitor.

Says who?

In context it's fine. The letter gave him 10 days which expired prior to receiving the letter so replying is futile. This isn't a traditional fight. He has a letter confirming it's UE / no agreement and he's already out of time to their demand that the DCA had no right to pass to legal in the first place as they confirmed they can't enforce it.

Bigger picture. Think outside the box.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

You should know better.

Never ignore a Letter Before Action from a solicitor.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

If you don't tell them your position (without going into too much detail) prior to legal proceedings being issued then you are risking legal costs.

Not with Jo he doesn't

If I was you I'd check what Jo says. I think you'll find she and I think alike - tactic wins.

Yes, you like to keep records / paper trails but the BEST cases are those where a debtor has ignored all letters as we know they haven't messed anything up. Plus, you won't see anyone on AAD ever get hit with opponents costs.

As it stands, he has a solid defence. Replying jeopardises all that. You should know better.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I was thinking of referring them back to a letter sent to robbo way which explained the ue MKDP letter and then simply finish with the lba response asking for docs

Keep it simple but state my position. They cannot say I didn't tell them

That's exactly what I would do. Why not enclose the MKDP letter of admission that the debt it UE not the one you sent to Robinson Way (or both if you fancy it).

If you don't tell them your position (without going into too much detail) prior to legal proceedings being issued then you are risking legal costs.

although I must admit I do kind of enjoy fighting court cases

Me too. In fact I'm more competitive than Andy Murray's mother when it comes to winning.

However no outcome is guaranteed so why invite trouble if you can avoid it?

Plan B x

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

There is no chance of me thinking you are talking crap

A good point well made with regard to timescales, Thank you Niddy


( Spud hope Niddy will see it as a joke )

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Its about taking the correct approach so it can be seen that I/anybody have taken the time to tell them and they still plough ahead regardless

You don't need to prove anything to anyone mate. Your silence is benefitting you. Each response adds risk.

See my last post.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Anyway, good luck whatever you decide. Just be careful as sending a reply giving them 14 days to respond is giving them a licence to get a recon and fulfil s.78 then issue a claim a day later.

Post claim only gives them limited time to remedy but the key - you have a defence.

Imagine your horror if they remedy then issue a claim on the back of the good recon? You'd be gutted.

I'll leave it there but I set AAD up to protect debtors. I ain't changing my position now so if you think I'm speaking shit then just look around you mate. But if it was me I would not be responding. As it stands you're in a very strong position. Each move you make adds an element of risk.

Over & out. Good luck

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Its not so much struggling.......I can hear you shouting !!!!! Loudly !!!!!!

Its about taking the correct approach so it can be seen that I/anybody have taken the time to tell them and they still plough ahead regardless

It is my belief that they probably will issue anyway, I just need to "behave" correctly for maximum effect

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Rob Way / Hoist / MKDP = the same. You don't need to tell them anything mate. They already know everything.

I'm struggling to spell it out here

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Don't get me wrong, I wouldn't be going into detail anyway but I was thinking of referring them back to a letter sent to robbo way which explained the ue MKDP letter and then simply finish with the lba response asking for docs

Keep it simple but state my position. They cannot say I didn't tell them

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hoist, I'm guessing have referred this to Cohens. Well hoist is MKDP so if, as planB says above, they act like they don't know what's going on then that's no excuse. It's another fault to them.

You've done everything right. Don't bow to their bullying now unless you feel they'll win in court. Now is the time you build a case up against THEM. You've loads of faults including the fact they've passed it to legal KNOWING FULL WELL they're in default of s.78 and cannot enforce. Jo will eat them up and spit them out for that.

-> http://forums.all-about-debt.co.uk/s...l=1#post531354

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

It is mate. Entirely your call.

If you really want to play nasty - consider sending a one liner with a copy of MKDP letter where they confirm it's UE and literally say to HC "see attached, I suggest you revert back to your client. Any legal action will be vehemently defended. "

Spells out your position in full.

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Which is a fair point.....decisions decisions