MKDP Claimform - Barclaycard **Claim Discontinued**

[citizenB]

I've had the same letter too Nivagey.

 

They may be hoping that these letters are responded to so that the SB period re-starts!

 

It will only restart if you admit liability for any debt or make a payment

[Dotty50]

Precisely CB!

[Nivagey]

Thanks Andy you too

 

Dotty50 & CitizenB Good news Dottty And that wont be happening CitzenB Good heads up though Lets hope that's the end

 

Have a Merry Xmas you all

[Nivagey]

Well that didn't last very long! Just received a letter "Notice of Assignment" to another debt collector.

 

 

They are aware that the account has been placed on hold due to dispute/query and all details have been transferred to the new owners, they will be in contact in due course.

 

They also state that they are aware of legal activity has previously been taken, and there solicitors will be applying to the court to change the name of the claimant.

 

So it starts all over again with the court?

 

Thanks

[dx100uk]

no

if you read around

you'll see what you have is a letter from HPH2 ltd [hoist/robbersway]

they've recently purchased the MKDP group and are sending out 1000's of fleecing letters

to scare people

 

 

ignore!

 

 

dx

[Nivagey]

Hi DX,

 

Oh thanks for this, thought it was starting up again

 

Just a quick refresh about the 6 years Statue Barred My last payment to B/C was Jan 10th 2010, default notice issued 11Feb 2010 which date will the 6 years be up from?

 

Thanks again

[dx100uk]

payment + about 1mth to be safe

 

but don't do anything about it!

 

 

dx

[Nivagey]

Ok cheers DX will take your advice nice one!

 

Thanks again

[citizenB]

Hi DX,

 

Oh thanks for this, thought it was starting up again

 

Just a quick refresh about the 6 years Statue Barred My last payment to B/C was Jan 10th 2010, default notice issued 11Feb 2010 which date will the 6 years be up from?

 

Thanks again

 

The default notice gives a mandatory period in which you can make payment of the amount requested without any default being registered or further action. After which time if the breach hasn't been remedied the creditor can then register a default/ issue a claim etc, because they have followed the regulations.

 

So, I would say end of March / April 2016 should see you safe for Statute Barred.

[Nivagey]

Thanks CB,

 

Just a quick question, how accurate are these credit score company's? I just joined Noodle to check mine and the MKDP filled the default in August 2010 when Mercers sent the Default notice on the 11 Feb 2010?

 

Which can, or should I go by?

 

Thanks

[dx100uk]

always from the oc.

 

a dca cant change it.

[Nivagey]

Thanks DX much appreciated

[Nivagey]

Hi had my first letter from RW today, asking me to enter in to a payment plan with them. Re-cap the Default notice was issued on 11th Feb 2010, and remedy day was 28th Feb 2010.

 

If they decide to issue a court claim in the next few weeks (it will fall between DN and Termination date) can they still go to a court ate hearing if it falls outside the Termination date or SB status?

 

Thanks,

just getting a bit jittery

[Dotty50]

The answer to your questions are covered in Andy's post 172

 

I would just ignore anything unless it is a letter before action which should be clear about their intentions.

[dx100uk]

willy waving ignore

 

 

as said before

[Nivagey]

Ok guys thanks will sit tight and wait :/

 

Thanks

[Nivagey]

Confused update:

 

Going through my credit report and default notice dates etc.

 

I had a letter from B/C In March 2011, stating this below:

 

"we wrote to you some time ago in relation to the default status of your account and the actions that we had to take following the default notice which we served you with.

As previously explained one of our obligations as a lender is to share default information about our customers with credit Reference Agencies when formal demand for payment is made and the account is then closed. A default will then remain on a customers file for a period of 6 years from the registration date.

 

Due to an internal error processing on our part, the updating of you B/C credit reference record within your credit file hasn't happened. To correct this and bring your credit file up to date, we are now passing a default record for your B/C account to the credit reference agencies.

 

The record will register as a default from the original default date of 26/08/2010 and stay on your file for the remainder of the 6 year term from this date. This may affect your ability to get credit from other lenders.

Please accept our sincere apologies for this delay and any inconvenience this delay may have caused you."

 

Noddle Credit Report : Barclaycard Balance: 0 Updated: 31/05/11 STATUS: Satisfied

 

Looking further in the the report it states : Account end date 31/05/2011 Date of Default 26/08/2010.

 

Now my DEFAULT NOTICE was served by MERCERS on 11th February 2010 Stating despite a recent letter from B/C (26 JAN 2010) you are still behind with the repayments on your account! And I had to correct this BEFORE 28 FEBRUARY 2010. My last payment to B/C was Dec 1st 2009.

 

 

How come they are stating the DEFAULT DATE was from 26/08/2010 and Barclaycard have stated/reported that the account as Satisfied as from 31/05/2011? and Mercers served the notice on 11Feb 2010

 

Its really down to the wire here with the S/B Limit but B/C mistake is crucial in the timing?

 

Thanks

[dx100uk]

I wouldn't worry

its known that mercers were carpeted about dodgy DN's

 

about that time.

 

wont effect your SB date

[Still_surviving]

Ive been going through a similar situation as yourself with MKDP (Now Hoist Portfolio) and Robbers Way.

 

My last payment was October 2009, default note 11.01.10 and rectification date on DN of 28.01.10

 

My default was actually registered with the credit agencies with the same date MKDP took over the debt (July 2010). It seems that Barclaycard like to fleece people for a few extra months interest and charges before throwing in the towel.

 

Would be interested to know if yours was the same.

 

Having exchanged views with slick, its my view that the cause of action date is no later than the rectification date on the DN. After that date, they could have chosen to commence legal action - the fact they chose to delay is down to them and should not alter the start of the limitation period.

 

Its entirely possible this is a bit pessimistic, and the cause of action is more closely linked to the date of last payment.....as im sure you know by now, its all a bit vague

[Nivagey]

Hi DX,

 

What concerns me the Mercers DN served by them via B/C is up in 2 days + their deadline till 28th, Barclaycard are stating its up at the end of August, which will give RW more time? I though Mercers were acting legally for B/C so which Date do I go by?

 

Thanks

 

Hi Still.....

 

Yes your right mine is exactly the same thing, as you say its all very vague, I know they can still chase (till they are blue in the face after 6 years) that don't bother me I just need to know the exact time legally the SB starts from conflicting dates could mean RW will still make a claim in the Court

[dx100uk]

there is no conflict...

 

SB date is NOTHING to do with defaulted date on a card

 

 

dx

[Nivagey]

Another letter from RW today asking me to fill a financial detailing my income and expenditure and my proposed repayment offer to them. They also stated they may be able to agree a reduction in the balance Does this mean they know they are on a hiding to nothing offering a reduced payment?

 

 

Thanks

[dx100uk]

begging letter

ignore

[Nivagey]

Had a letter from MKDP on 18th Decmeber 2015

regarding the CC Claim that was issued against me on 16/10/2012

stating that they have discontinued the claim with the court

and that it was loged with the court confirming the claim had be discontinued!

 

Today got a letter from ch solicitors vi hoist portfolio claiming they are the legal owners of the account

and give the CC Court claim number.

 

 

They say they have subitmited an application to the court to substitute the Claimant Details from MKDP to HPH2,

 

 

This is beceause our client is now the legal owner and the order further confirms

that we are on the court record and acting on its behalf.

Please see attached Court order confirming these details.

 

We request that you continue to deal with our clients agent RW in respect of this account.

 

The letter is a photo copy of "In THE HIGH COURT OF JUSTICE and has a stamp of the logo of the Crown and dated 9 March 2016

 

Between

MKDLP Claimant

 

-AND-

 

MULTIPLE Defendant

 

ORDER

 

Is this still notifying me they plan to go to court despite MKDP discontinuing

and I will have a hearing date or do I have to file AGAIN my defence?

 

Truly confused now the STATUTE BARRED should be well and truly in now

[dx100uk]

ignore

its simply a letter

informing you

H2HP2 ltd have purchased the MKDP portfolio.

 

 

dx