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our friends wescot now MKDP old goldfish barclaycard


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Hello all,

 

I have just registered as the advice I was reading has been invaluable, thank one and all,

 

having many problems with wescot at present,

they keep threatening court proceedings,

holding them off at present,

 

I made an access request to the credit card provider and all they have given me is the application form,

advice seems to suggest that a reconstituted agreement will be enough to enforce the debt,

is this true,

 

the debts precede the change in the law, so I am covered by the 1974 act,

 

any practical advice for next steps with wescot,

it also seems to me that their solicitors are possibly in breach of the solicitors regualtion authority when they communicate with people,

their disclaimer seems highly dubious.

 

Any help would be greatly appreciated,

 

as I need to protect my young family.

 

Regards

benjamin brittan

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Thread moved to Debt Collection forum

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Hi and welcome to CAG. When I saw the thread title, I about choked. FRIENDS!!! :-)

 

Wescot, just like other DCAs like to use the threat of court action to make you fearful. Working isn't it?

 

They are generally full of bovine excrement. The letters say 'May','Might', very rarely do they say 'Will'

 

You say you sent a subject access and they sent you a recon agreement. How much did this cost you? £1 or £10?

 

I would say that not supplying the original agreement restricts Wescots ability to sue (others disagree) The rules are that they can do everything to get you to pay short of getting a court to enforce the debt.

 

What sort of debt was this?

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do you know of this debt?

 

do it show on your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello all,

 

I hope I did not offend to many with the title of my first thread,

I was being sarcastic,

but thanks to this site me and my wife have laughed about the problems we face for the first time in a long time,

the draft letter I saw is on its way to wescot as we speak,

I only paid £1 for the access request,

the debts are from 3 credit cards

and the amount is not inconsiderable,

all the other dca people have backed off when I have told them that they are in breach of the cca 1974,

 

wescot are somewhat different, their tactics are disgusting,

 

I have already reported them to the oft for their lies when they correspond with me, I am sure I will not be alone in that.

 

I have also reported their solicitors to their regulatory body as I believe that there is a duty over disclosure to faithfully represent their clients position,

their disclaimer is simply not good enough, everyone who gets a letter from their solicitors should not ignore the back page of their correspondence.

 

I will keep looking for more information on this great site and I am sure I will be back when wescot reply.

 

I will not forget the donate button either.

 

Benjamin brittan

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  • 9 months later...

Hello Again one and all,

 

I hope I am using the system correctly as I am not as savvy as I need to be.

 

With your help I managed to see off wescot,

 

my problem now is that the chase has been taken up by MKDP,

 

they have responded to a letter I sent asking for true copy of the agreement ect,

 

they are of the view that Carey v HSBC Bank plc takes precedent,

 

they also quote sections 77/78/79 of the 1974 act sub section 2.17.

 

They go on to state that this means that if an original signed agreement is not available, then an unexecuted agreement is applicable even though it may not have been signed.

 

As usual I would be grateful for any help as my financial position nor my situation have not changed since I recieved the vital help.

 

If anyone can help both myself and my family would be very grateful.

 

Yours Benjamin Brittan

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Hi benjamin

 

It would help if you could give as much info about the alleged debt as possible. Does this show on your credit file, what was the default date, when was the last payment or written acknowledgement? The more info you can give the guys, the better they'll be able to tailor their advice to your particular circumstances.

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Hi benjamin

 

It would help if you could give as much info about the alleged debt as possible. Does this show on your credit file, what was the default date, when was the last payment or written acknowledgement? The more info you can give the guys, the better they'll be able to tailor their advice to your particular circumstances.

 

The credit card was originally a goldfish card,

 

the default date was some 18 months to 2 years ago although I have never acknowledged this fact,

 

I have no idea if it shows on my credit file though I suspect it does,

 

the last payment on this alleged debt was well over 18 months ago.

 

I received a letter this morning from MKDP, in which they have stated what I quoted in my earlier correspondence.

 

Prior to that I had heard from them 10 days ago and before that it was July/August of last year.

 

I should also say that they have said in their last letter that this is their final response

and if I am unhappy with it I can complain to the Ombudsman.

 

Yours Benjamin

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get that cra file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello all,

 

I have downloaded the application form for my cra it will go in the post tonight,

the stupid question is why do I need it,

 

told you I was not very savvy about this hole thing,

 

I am in ignorance of the purpose in getting it I have never done so before.

 

Am I in some potential danger from these debt collection agencies if I do not apply for a cra.

 

Is there anything else I can do in the meantime,

MKDP at this point are not threatening court proceedings,

though I accept that they have stated that this is there final response.

 

Do I need to tell them that I will apply for my cra and then respond,

sorry to sound so naive it is simply true that I am I had thought that this had all gone away.

 

Regards

 

Benjamin

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Hi BB,

 

Did you send MKDP a formal CCA request with a £1 fee.

 

When was it sent.

 

Has anything been sent in response and, if so, what.

 

:-D

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Hello all,

 

I am sorry for the confusion I seem to have created, firstly, yes this is the same thing, to the other reply, I have not made a specific request of MKDP for a cca request I made that request to Barclaycard many moons ago and they responded with a copy of the application form, this led to me writing to wescot to tell them that this was not good enough, I asked for true copy of the agreement.

 

Wescot went away, I heard nothing for months then MKDP took up the chase, I am grateful for the response so far, I was simply asking what is the purpose in applying for a copy of my credit file, I have done so, it was simply to ask what do I do when I get it.

 

regards

 

Benjamin Brittan

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Hello there.

 

This post reads as if it should be part of an existing thread. Would you like it added to one?

 

It looks like this one, I could be wrong, but you also have a similar sounding thread in the Barclaycard forum here. It's better to keep the information together.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?383537-Our-friends-wescot-ect

 

My best, HB

Illegitimi non carborundum

 

 

 

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4 threads running on the same question from the OP HB...all need to be merged and redirected to Debt Management & Debt Self Help forum.

 

Regards

 

Andy

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If you could HB I would be very much obliged:-D

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hello all,

 

Thanks for the help so far, I was wondering, the last thing that I posted seems not to have been included in my thread.

 

My question is this, having applied for my credit record, what do I do with it when I get it,

 

my original problem still exists,

 

what do I do about MKDP,

 

they have told me this is their final response,

 

is a cca request still of use if I have already done so with barclaycard,

 

I am happy to listen to any advice, your help has been vital to me before now

 

Regards

 

BB

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your cra file tell you WHAT debt you actually have to the outside wortld

and who owns it. what level it is,

and your credit history

 

many many DCA's try to fleece people into paying debts THEY DO NOT OWE>

 

DCA's are NOT BAILIFFS

they have NO SUCH LEGAL POWERS.

 

all DCA's are interested in is MAKING MONEY OUT OF YOU.

 

yes CCA MKDP

 

now why can you not get your CRA file online?

not got a credit or debit card.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi BB,

 

The reason for checking your CRA files is to see who now shows as the owner of the disputed a/c.

 

I still think a formal CCA request to MKDP with the required fee is your best move as you need to put the matter into dispute with THEM.

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 3 weeks later...
Hi BB,

 

Did you send MKDP a formal CCA request with a £1 fee.

 

When was it sent.

 

Has anything been sent in response and, if so, what.

 

:-D

 

I did send them a cca request with the £1 fee

 

I have now received a reply from them telling me that I received a final response from them at the end of february,

that response stated that Barclaycard had fulfilled their obligations to me under section 78 of the consumer credit act,

they are refusing to enter into any further correspondence with me

and they also state that they will continue now with their collection activities,

they also say despite my reiteration that the account no longer remains in dispute.

 

Their final respost is to tell me that I can complain to the Ombudsman. I would be grateful for any help.

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did you get your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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