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  1. Hi, I had a previous bank account (but not old enough to be SB) with HSBC which was overdrawn by a large amount. Negotiations to sort things out with HSBC broke down and I've not heard anything from them for 3 years, and have since moved. I came home yesterday to a claim form (dated 29th August) from MKDP LLP who now appear to own the account. I presume they have traced me, but I have had no prior correspondence from them. The amount claimed is a lot higher than the overdraft was, so will doubtless include countless fees. The particulars of claim are 'The Claimant claims the sum of being monies due from the defendant(s) to under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on . The defendant(s) account number was . It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by . The claimant claims the sum of and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction'. No other supporting documents are included, which I suspect is because there aren't any - the overdraft was originally agreed back in 2001 entirely over the phone and I never signed anything or was sent any specific terms before having it. I'm think defend is the way forward as I definitely do not owe the figure claimed, but I don't know what the actual figure should be so I can't really claim partial admission since I don't know how much to admit, which leaves full defence as the only option, and if they don't back down, a full & final settlement offer to try and avoid a CCJ being issued. I understand that section 77 requests are not relevant to an overdraft, but do I have any other rights under the CCA to demand supporting documentation for the claim and would I be able to use failure to supply this as a defence as you can with a failed section 77 request? Some advice on the best way to approach this would be appreciated!
  2. Name of the Claimant ? Hoist Portfolio Holding 2 LTD Date of issue 02/11/2016 Date to acknowledge =20/11/2016 Date to submit defence = 4pm Friday 02/12/2016 POC 1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account number xxxxx pursuant to The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex HSBC) to the Claimant and notice has been served 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £4900 2.Interests pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300 3.Future interest of accruing at the daily rate of £1 4.costs What is the value of the claim?£7800 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Pre 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? could no longer afford to maintain What was the date of your last payment? 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes In 2012 I requested my CCA, they returned to me only generic docs, with no signed application or agreement form. I will send off tomorrow for CCA and CPA? Thanks
  3. Hi, Could you help me with a Northampton county court claim dated 13 sep 2016 which is for £935.50 + interest. I have acknowledged it online and the issue date is 13 Sep 2016. Claim History A claim was issued against you on 13/09/2016 Your acknowledgment of service was submitted on 22/09/2016 at 20:20:43 Your acknowledgment of service was received on 23/09/2016 at 08:01:36 I want to dispute the whole claim which I have told the court online as im not sure about this credit card or when it was taken out as at that time I had so many debt but im not sure which one this is. Which forms do I need to send off to the claimant and the solicitors. CCA and 31:14? Any help will be appreciated.
  4. Hi, I'm hoping someone can give me some advice. I have an old MBNA debt which I defaulted on in 2010. Since then I have religiously been making pro-rata payments up to and including this month. MBNA sold the debt to Aktiv Kapital who in turn sold it to PRA in 2014. I know that PRA have been receiving my payments because they sent me a letter towards the end of last year saying "...thank you for your ongoing commitment to the payment arrangement on your account". It goes on to say "....We would therefore like to make you aware that if it suits your current financial situation, you could settle your agreement by paying a discounted amount which is detailed below" The letter ends with " If you feel you are unable to pay the settlement amount then please continue with your arrangement as normal." Which I have done! However, on the claim form they state "..Payments of £307 received up to 16/6/16" and are now claiming sum owed plus 8% interest + court fee + legal costs. I know I have not missed any payments because my bank statements tell me so I know they have been receiving them because they wrote and thanked me for my continued commitment 4 months after the date that they claim they received last payment. To say I was shocked and confused to receive the claim form from the court is an understatement. What's going on? and how to tackle this? Any help would be appreciated.
  5. I have also had my Barclaycard debt passed to a debt collection co., but this morning I had a 'phone call from B/Card telling me that they had never had a debt cancelled and that they did NOT have to produce a copy of their agreement for credit cards. Are they correct please?
  6. I have received a claim form from Northampton CCBC as per below on Friday. I'm unsure what to do with this, the form states If you agree and are asking for time to pay then send this direct to the claimant and not the court as this may result in a judgement against you, does this mean if I make a deal with MKDP LLP then I will not get a CCJ? It's a long story of how I ended up with this debt but the short version is that in Jan 2008 I was out of work for 3 months, my overdraft facility was £1000 which was maxed. .. I had secured a new job but needed another £500 to see me through until the first payday, they refused of course.. . I moved bank accounts and didn't pay off the £1000 owing due to servicing other priority debts. I'm almost there out of my debt mountain, I have paid off everything other than the car which finishes in June and was hoping to buy a house in 12-18 months time but getting a CCJ now will end up with me getting a high rate if anything at all making it unaffordable. I think this may be more than 6 years old but have no way of proving this.. . the bank may have kept the account running for a good while as the £700 of charges must have taken a while to accrue. Do I contact them and try to make a deal? In all honesty it galls me that they have probably bought the debt for buttons and I'd like very much for them not to get a sausage, call me niave but if it was Lloyds themselves I'd offer to pay them back the grand (in bits) that I do indeed owe them but not this lot. I have seen a number of wins against them on various threads but don't know where to begin? Can anyone please help? Claimant MKDP LLP FLEMING HOUSE SEEBECK PLACE KNOWLHILL MILTON KEYNES MK5 8FR Defendant my name spelt incorrectly (does that matter?) Correct Address Particulars of claim The claimant claims the sum of 1,722.94 being monies due from the Defendant(s) to Lloyds Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 20/06/2014. The defendant(s) account number was (14 digit number... seems too long to be correct?). It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC. The Claimant claims the sum of 1722.94 and costs. The Claimant has complied, and as far as is necessary, with the Pre-Action Conduct Practice Direction. Sorry I forgot to add that I opened the account in 1998.
  7. Amongst other issues dispute with Welcome Finance, initially attempting to repossess car "forthwith no court order needed" as it was "linked" to a joint personal loan the hp in my name only and not in default +over1/3 paid Dealt with that one sharpish. When over 1/2 paid finances tight with divorce very carefully enquired regarding re negotiating payments advised not possible so again very carefully said that I wished to exercise my right as sufficient sums had been paid to return the vehicle in full settlement, after some time I had to sorn it and put it into secure storage. Then it was removed. Then the you owe thousands letters started eventually told to put up or go away ...long silence now after sending a notice they are terminating agreement and will recover car( been gone a year) calls and finally a letter asking for £2,064.19 from Atlas who are "a trading name of Welcome Finance" I have replied: 17/11/2011 Dear RE: Notification of Instruction Your ref: Thank you for your letter 14/11/11 advising me that you have instructed yourselves to deal with this matter. As you have already no doubt carefully noted the letters and faxes sent regarding this issue you will be aware that there is no outstanding liability to yourselves for yourselves to pass to yourselves trading under any name and I am therefore surprised that you have instructed yourselves in this manner. I assume that the turmoil caused by the recent financial difficulties of the group may have introduced some lack of clarity within your procedures. This matter has been discussed with yourselves in detail before your cessation of loan activity and restructure and I see little point in resending the letters etc. to you acting for yourselves under a different name. I would make clear to you that I will not accept any dealings with yourselves trading under any name or by agents acting on your behalf, by means of phone calls, texts or any other means of communication to any phone number or other electronic account that you now hold or may obtain. I will take appropriate and proportionate action should any such contacts re-commence. It is your responsibility to ensure that any such agents comply. As you have drawn my attention to this matter I had considered closed I will of course undertake a review and I will contact you as soon as is practicable should I find any miss-selling, over or unlawful charging or practices which would give grounds for my making a claim against yourselves. Yours faithfully Anyone had any dealings with Atlas Collections? I suppose a SAR is next and settle in for a long haul
  8. Hi Received a statement from MKDP today for a statute Barred Debt. In June last year before the statue I sent a S77/78 request along with the £1.00 Postal Order clearly stating it was for the Fee incurred and not to be used for anything else. I didnt receive anything from my request. On their statement its gone down as payment received!!! The Debt was statute from Feb 2015 I thought this wasnt allowed??? Hadituptohere
  9. Hi my wife had an account with Nationwide due to money issues she went overdrawn and with charges the amount went up to over £500. in 2014 unknown to us a company bought the debt from nationwide and then promptly took it to court, last month the MKDP sold this debt on to Hoist Portfolio Holding Ltd who as soon as they got the name changed on the ccj promptly sent it to the bailiffs. We are not sure if at the time of the ccj it was statute bared, I am currently applying to nationwide for all the paper work but I need to apply to set the judgment aside to stop the bailiffs can anyone help and how would fight the original charges because I read that someone had recently removed bank charges through the courts.
  10. Hi, I took out a Goldfish credit card in 2003. The account had a balance of around £1000 which I was making minimum monthly payments towards. Goldfish then sold the account to Barclaycard when they merged. At this point I stopped receiving paper statements. I therefore called them on numerous occasions to try and rectify this and continued to make monthly payments of random amounts as I had no statement to refer too. I then received threatening letters from Barclaycard stating my balance was over £4000. I had not used the card and I had not received statements so I disputed this and told them I would not pay any further balances until this was resolved and they could tell me where these additional charges came from. No statements were ever received and then I received communication from a debt chasing company stating they had been appointed to retrieve the debt in full. I explained the circumstances to them and again tried to call Barclaycard. Barclaycard could now not even discuss the account as it had been closed on their systems as the debt was sold. Around 6-8 debt companies have since tried to retrieve the debt but each time I call them to ask for evidence they go silent. MKDR is the latest company to 'own' the debt and they issued a small claims court case against me in 2015. I submitted by defence and nothing happened. I called the court and they informed me MKDR had not proceeded any further with the case. The issue I have is that this seriously affects my credit rating and will do for another year. My credit report states that the account has been overdue since 27/04/2011 and if I am to wait 6yrs this will not expire until 2017. Is there anything I can do to challenge this in the meantime? I am certain no one has the statements I have been asking for for the past 5yrs. How can I get MKDR to either proceed or close the debt off? Thanks in advance Katie
  11. Upon checking the new FCA Public Register which is listing "Interim Permissions" in its transitional role from the OFT, I find that Hoist wildcard returns 4 results : Hoist Portfolio Holding Limited (Registered in Jersey C.I.) - IP CANCELLED Hoist Portfolio Holding 2 Limited (Registered in Jersey C.I.) - IP CANCELLED Hoist Kredit Ab (Presumably Swedish Parent Company) - IP CANCELLED Hoist Finance UK Limited - Reference Number 661621 - IP ISSUED Having received a letter from Robinson Way (As we know now owned by Hoist Finance UK Limited) they state that they have purchased an account from MKDP LLP (Compello - Hoist Director is director of Compello also). They state quite clearly and unambiguously that the alleged new beneficial owner of the account is Hoist Portfolio 2 Limited, who clearly are not registered nor authorised to engage in CC activity, and as such cannot legally instruct their associate company Robinson Way to attempt any form of recovery on their behalf. This latest threat to the consumer has all the hallmarks and modus operandi of the last bunch of cowboys who fought their corner for so long and then voluntarily surrendered their licences. I'm not mentioning names, but everyone knows whom I'm referring to. This is now the same old story, one director pulling the strings with an absolute labyrinth of companies who are nothing more than a file on a shelf and a brass plate on an accountants door, representing the fiddles of the strings. I'm making it my business to enquire with the FCA as to the status of Hoist Portfolio 2 Holding Limited just to see and hear from them directly their legal status. They would probably just BS consumers and say "oh well we're all part of the same group" blah blah blah - now where have I heard that before - sounds familiar. Would appreciate all your comments on this matter. Ive been in Court before with people as a MacKenzie Friend against the last mob who tried to collect accounts whilst unauthorised and tried to wriggle with intertwined companies. The Judge generally sees right through it.
  12. Hi all, please can someone advise? I opened a Nationwide current account in January 2009. I had an overdraft limit of £1000. By June of that year I was in financial difficulty and the overdraft went over it's limit. I think it went up to about -£2K. I've always been scared of confronting debts and did my usual burying my head in the sand. Nationwide closed the account and demanded repayment and I ignored it. Since then every so often I get letters from various DCAs demanding payment but I've ignored them. More recently a company called Redhill and latterly MKDP have written wanting me to set up a repayment plan, which I've chosen to ignore. This week MKDP wrote to me saying they've done searches with the CRAs and other databases and have reason to believe I'm still at my address and they are instructing their pre-legal dept to review the account blah blah, with a view to CCJ. Help!! What can I do? I'm a year off this being statute barred. Is there a way to delay things by putting it into dispute? The debt now stands at nearly £8K - mostly made up of charges put on by Nationwide before they sold it. How can I legally challenge this? If someone can point me in the direction of the letter I perhaps need to send to stop them in their tracks it would be much appreciated. Thanks in advance.
  13. Hi all In October 2009 I defaulted on an HSBC overdraft, £700 of which was charges, the other £700 ish the actual overdraft. They didn't get in touch until last year (I had previously looked in to a DRO but HSBC wouldnt confirm the details to me as it had been passed to a DCA, my circumstances then changed and I was able to negotiate the other debts I had at the time) The account was originally opened in 2005. I sent MKDP LLP a CCA request, they took a long time to respond and finally responded saying that the account was opened 'interpersonally' (whatever that means) and therefore no agreement was necessary? I've read elsewhere on the forum that pre-April 2007 CCA agreements are required or the debt is unenforcable, can anyone confirm? I now can't afford to pay this debt having exhausted my options previously; I'm begrudged to play ball with them / HSBC when there are so many charges on there and this could have been resolved years ago if they had given me the info I needed for a DRO!
  14. Some help and advice would be greatly appreciated I've received a N1 claim form this morning for a Aqua (New Day Cards ltd) credit card sold to MKDP The claim is for just under £1300 + £70 court fee. I'm not disputing the debt as I do genuinely owe it and from looking at the balance, minimal late fees/penalty fees were ever applied to the account I'm wondering what options are open to me as I contacted MKDP this morning with an offer to make a pay plan. I explained that I couldn't afford much as I'm on low income and in receipt of benefits such as housing benefit/tax credits/war disablement pension etc. They replied that yes, I can fill out the Admission part of the N1 with an offer of a monthly pay plan, but they'd still 'file the CCJ' with the court and warned me that it would appear on my credit file... ..For me personally, a CCJ would be a disaster as my partner and I rent a house and will probably have to move this year (can't afford the rent' and from what I understand, we'll find it very difficult finding an affordable rental property with a new CCJ on my file).... ..Are they allowed to accept a payment plan but still CCJ me?? MKDP bought the debt on 30/9/2014, they have sent me some letters asking for repayment, but to be totally honest, I've buried my head in the sand as I'm feeling buried with the amount of other debt we have and are unable to pay those as well
  15. I went to court to defend against MKDP for a disputed debt relating to a HSBC credit card that has no CCA for it. They had paid £85 costs + £335 further costs to secure the court date. Upon attending court, I was called in 20 minutes or so after the scheduled time. The judge immediately began proceedings by making reference to the actual letter sent out to confirm the court date. He asked if I had, since this the date of this letter, received any witness statements or other correspondence from MKDP, to which I replied no. The judge then proceeded to confirm that the court had also not received any withness statements or other correspondence from MKDP , and as MKDP had not arrived, he was obliged to me offer me two options, either the case could be adjourned, or it could be struck out. He then proceeded to explain the process of getting the case re-instated etc (they could claim they were stuck on the M6 for example), and advised me of a few other things, and said I could leave. Where do I stand with this now? I have never formally submitted a request for a CCA previously, but I did make a request from the HSBC in a branch (I was informed by their support it was the only way to make such a request at the time) and they couldn't obtain it from the computer, sent to the branch where I was registered at the time, and they couldn't obtain it from there, they then sent to London to see if it was in the archives and it wasn't there either. Should I be sending a request for CCA quick-sharp? To both MKDP and HSBC? My defence was based around the argument of unenforceable, so far MKDP have not sent me an ounce of evidence to prove they actually own the debt, or that they have any CCA. In addition, they actually have the date of default incorrect on my credit file (HSBC date of default is some 6 months earlier, which was actually the true date of default). Why would they pay all that money and not turn up/send statements? Are they playing for time, or calling my bluff? What is the likelyhood of a court re-instating the claim? Thanks.
  16. Hi all have been attempting to help my daughter sort out her debt problems . Recent success Bryan carter discontinued court claim due to information from this site . We now however have MKDP claiming for old hsbc debt . details below . Current account overdraft shows on CRA as defaulted November 2007 as does flexiloan . Name of the Claimant MKDP LLP Date of issue 08 June 2015 What is the claim for The claimant claims sum of xxxx being monies due from the defendant(s) to HSBC bank plc under a bank account facility regulated by the consumer credit act 1974 and assigned to the claimant on 08/12/011. The defendant(s) s account number was xxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand . The defendant(s) has failed to make payment as required by the demand for payment sent by HSBC bank plc. The claimant claims the sum of xxxxxxx and costs . The claimant has complied , as far as is necessary , with the pre-action connduct practice direction. What is the value of the claim? 1,761.70 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft /combined with loan. Account number claim under is current account no mention of loan account number . When did you enter into the original agreement before or after 2007? bank account 2004 / loan 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser MKDP LLP Were you aware the account had been assigned – did you receive a Notice of Assignment? unsure Did you receive a Default Notice from the original creditor? unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Debts were building up not enough money to go round so prioritised to rent and neccesities . What was the date of your last payment? poss 2013 to MKDP under current account number no mention of loan Was there a dispute with the original creditor that remains unresolved? unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes they offered consolidating loan at payments i could not afford , so i refused . Actions so far are as follows AOS done 13/06/15 , CPR 31.14 to MKDP done 15/06/15 , SAR to HSBC done 15/06/15 . MKDP responded to CPR with copy of terms an conditions effective 1st november 2007 , also copy (looks like computer printout as opposed to original ) of a default notice not signed or dated however the account number on this notice is for the flexiloan account and not the bank current account number of which the claim in the POC is for . It would seem that the two debts have been combined and i would say that MKDP are unaware of this , as they make no mention to the flexiloan in their claim . To sum up looking for some advice as to how to proceed as the bulk of the debt is the flexiloan , and the overdraft is mainly charges . I do not want to accidentlly alert MKDP of their error with the default notice and the fact that the loan has been bundled in with a current account as they make no mention of the loan in their claim . Where do MKDP stand if they continue to court ,and what would be the best way forward IE ask MKDP for cca and informing them about the two accounts being combined (as im pretty sure that the flexiloan was statute barred as of 2013 , however as said earlier 10 pound payment was made to MKDP under this debt after constant phonecalls and hounding but with only the current account details . Would appreciate some advice if anyone is able to offer some as defence is due Friday 10th if i worked it out correctly .
  17. I wonder if anyone can advise me on this, I took out car finance in 2008 with Welcome, got into problems and the car went back feb 2009, I now have MKDP on my case, I did CCA them, I have attached their response (attachment 1), I responded to them: 'Thanks for the response to my initial complaint the contents of which have been duly noted. However in light of the information disclosed there are several other matters which need to be addressed regarding the alleged debt remaining under the terminated agreement. 1) It appears that the agreement was voluntarily terminated on or about the 12/02/2009, this is news to me as I made no such request, as far as I was aware the vehicle was voluntarily surrendered. I am sure you will realise that the car had a re-sale value which under the VT would not have been allocated to my account and in this instance would have contributed to the amount outstanding on the agreement, also there was no default information sent prior to recovery process, so I was not made aware of any rights I may have had, this is a requirement under the CCA. 2) The agreement seems to include an insurance element, this was not explained to me at the time and I certainly did not choose to purchase, yet it appears to be included within the total credit price (this is confirmed by calculation of the APR). Please confirm the purpose of this policy and explain why a charge for credit was not properly allocated in the agreement'[/b] They have responded to this the other day, I am a bit lost now as I thought as they owned the debt, why should I have to go back to Welcome for info whilst MKDP continue chasing me? They have also stated that I have advised it was VT, I resumed it was as per the paperwork they sent me. Can anyone offer some advise how I should respond to them or the next step? Many thanks in advance
  18. Hello everyone sorry to bother you all I've been searching online and have come across this amazing site and fingers crossed I'm hoping someone will be able to help and advise me on how to proceed with a CCJ that I've just had put onto my credit file. The debt is for £3300 and states the judgement date was 26th January 2015 but was only added to my credit file yesterday. This debt is for a very old HSBC bank account debt that went into default on the 5th November 2009 for £3145 and now looks like MKDP LLP have purchased the debt I've heard nothing from them at all and moved into my new house in july 2014. so would not have received any court papers. I'm just looking for some legal advice on what id need to do to get this sorted it was due to come off in November this year so they got in before the 6 years and i can't afford to have this on my file as I've been trying so hard to sort my life out and it seems everything is now coming back to bite me I have also noticed a new company have applied a default to my credit file called MYJAR for £692 it looks like its for a old payday loan from txt loan from 2012-2013 again in my old address but i defaulted 2-3 years ago and its only just been put on my credit file and the default date is missing is this allowed as its showing on my file as if I've only just started missing payments ? Any help would be amazing and id be very grateful
  19. My partner recently received this. It's for a debt which was originally around £9000, but with interest/charges is now £9858. With the court fee the total amount exceeds £10000. POC: The claimant claims the sum of ****.** being monies due from the Defendant to the Claimant under a regulated agreement originally between the defendant and Barclaycard. The Defendant's account number was **************** and was assigned to the Claimant on 17/9/2012, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of ****.** and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. There seem to be no errors in the POC, unlike the other MKDP claim I'm dealing with. The credit card was taken out around 13/14 years ago and was originally with Providian, then Monument before passing to Barclaycard. Hopefully this might make locating the CCA (if it exists) more difficult. I've sent the CCA and cpr 31.14 requests off, along with a SAR to Barclaycard. Have also done the acknowledgement of service on MCOL intending to defend the claim. Any advice on dealing with this would be most welcome, especially anything I may have overlooked at this early stage and further down the line the defence. Having just been browsing some of the other threads on here I noticed someone being advised to write 'I do not acknowledge any debt to your company' at the top of a CCA request. Is this particularly important? Too late to alter anything now obviously but I'm wondering what the significance of this is, as surely that would be something that you would point out when submitting a defence.
  20. Desperate for help on this one, I have received a county court claim from MKDP it claims I owe them money and have broken an agreement with Barclaycard. claiming default notice served pursuant to consumer credit act 1974 The issue date was the 14th August 2014, received it on the Wednesday 20th August2014. What options do I have? I do not believe that the original documents can be produced from 2000-2001 on the account. What I believe they are trying to do is serve this as a sneaky back door to get a CCJ for the debt. Tigs.. Should of popped more info on, the debt is for 11406.91 including court costs
  21. I'm sure I saw it on here but can't find it. My partner had a letter from Welcome Finance (MKDP) saying she owed over £4,0000. It was statute barred which, with the help of the Ombudsman, they eventually agreed. However, we just saw that the 'debt' appears on her Experian credit score! Is this legal? We've just emailed the Ombudsman again to ask advice on how to get this b/s off of her credit score.
  22. Hi all, Sorry this may be a tad long-winded!! Car purchased from Welcome Finance in mid-2008, stopped paying the instalments in mid-2009 as I was unhappy with the car, how they operated and how they had treated me. I have no records from that time as to when the last payment was made but I know that the car was returned to them around October 2009. They agreed on the phone to collect the car and because I had rectified some existing faults at my expense etc etc I was told the final balance owed was up to £300 once the car had been handed back depending on a few factors. I asked for written confirmation of this as a full & final settlement offer and would make payment immediately. I never received this and then didn't hear anything else for quite some time. In the mean time I had been in and out of the country, moved house etc eventually a couple of years ago I received some letters via my mum's address from MKDP saying I owed £4000. Significantly more than £300!! I confirmed this detail by applying for a credit report with experian and note that they hold an account on my record for £4000 which is defaulted as of 28/10/2009. Then today I was passed a letter from MKDP, which was again sent to my mum's address, stating that the debt of £4000 had been sold to Robinson's and also enclosed was an offer letter from Robinson's saying I can pay £10 per week for several years, £15 per week for less years or call them to discuss options. I've always ignored all letters and never replied to them or spoken to them on the phone. As I was;t even in the country for some of the past few years I never even needed credit so it didn't affect me, however I'm now back permanently so want to make sure this doesn't go to CCJ. Now, I'm aware that this debt is either Statute Barred already or is about to be. If, for instance, the SB start date is indeed 28/10/09 then this is just 2 months away from now, however I'm not exactly certain when the car was returned or when exactly the last payment was made to Welcome Finance. I've never received a default notice, never received a notice of assignment to MKDP and generally didn't receive anything after the car had been handed back so I assumed there was no outstanding amount and that was the end of it. I moved house a couple months after the car went back so I can only guess that some paperwork may have been sent to my old address, but seeing as I hadn't heard anything from Welcome Finance in that time I assumed, rightly or wrongly, that there was no need to update my address with them. Now my questions, if I may.... 1. Should I just sit it out and hope a claim form doesn't arrive in the post? 2. If no to Q1, then I'm looking to clarify exactly when the debt was/will be SB. What''s the best way to do this and how long does that add to the process? 3. If yes to Q1, then I guess if a claim form does arrive I'll need to formulate a defence and cross that bridge when it comes? Any advice is greatly appreciated!
  23. Some weeks ago sent MKDP a sec 78 request. They eventually responded with a recon document and some alleged old statements mostly illegible, also received a recon document from OC which differed from the one from MKDP. sent MKDP a CPUTR request. They have now replied to that request stating that they do not have a signed copy of the original agreement but have been told by the alleged original creditor (BC) that such an agreement would have existed and as such the account is enforceable as their documentation sent to me conforms to sec 61(1) of the Consumer Credit Act 1972. (Yes 1972) they state. Any advice or comments on what next action should be please.
  24. Hello, I received a claim form from MKDP LLP dated 10.12.14. I have responded online intending to contest the claim. Just to give a little background of the debt as far as I recollect. I was having a temporary financial problem around 2010 and missed a payment or two. I later called barclays to make some payment. They asked if they should set up a direct debit on the account I paid for and I said no. I told them I will always make a telephone payment until my situation changes. A month later, I wanted to use the card and was told the little money I believe was in the account was gone. I found out that a company by the name Mercers had taken money off my account. I investigated this and found out that it was a company that assist Barclaycard to collect their debt. I called barclaycard and told them that my right has been violated as my account details should not have been passed to a third party which went ahead to take money out of my account without my permission. I sought compensation but they refused. I told them I would not make further payment until the issue is resolved. There were a couple of back and forth telephone conversations and I stopped hearing from them until I got this claim form from MKD LLP. I am at the moment a full time masters student at the university and have no income at the moment. I called MKDP LLP and offered to pay £1000 as a final settlement. I told them I intend to get the money the only credit card I have which has a limit of just over £1000. They refused and demanded a settlement of £1600 instead. I told them that apart from the fact that barclaycard violated my right, I do not believe I was owing that much. I have not made a formal defence and don't know how to go about it. The whole issue is overwhelming as I have exams coming up at the end of the month with loads of assignments before then. Any advice will help
  25. Hi All I am looking for some advice, I have recently received a letter from MKDP stating my outstanding balance is 3,356.39 and they are informing me they are instructing their pre-legal department to review my account . I haven't communicated with them as i am financially in a mess. I believe this is from when I banked with the Nationwide and I had a loan and overdraft with them, they recalled both, gave me 28 days notice that they would be taking the money from my bank account this was September 2010 , I had to move my bank account or I would of gone into mortgage arrears and utility bill arrears and unable to support at that time my dependant, I have buried my head in the sand! I am aware after six years I can still be chased but under no obligation to pay this, I really am stuck about what I do. I have since learnt about the Conduct of Business Regulations (BCOB), BCOB makes it unlawful for your bank to treat you unfairly. which giving me 28 days notice for such a large debt feels unfair. MKDP have registered a debt in their name against me on my credit referance Any advice?
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