MKDP/barclaycard claimform - will need some help please!

[Dotty50]

Hi,

 

I have recently sent CCA request for this card, which was my first ever credit card, so could be over 30 years old!

 

Barclaycard have responded in their usual unhelpful manner but state that,"Regulation 9 of the 1983 Regulations mentioned above states for accounts opened before 19th May 1985 such as yours, we can send a copy of your current executed credit agreement.

 

They have of course sent a copy of Barclaycard Conditions dated 10/08.

 

Can someone tell me if what they are saying is correct please?

[slick132]

Hi Dotty,

 

The joke here is that they normally only send out their T&C's anyway, regardless of the age of the a/c.

 

Is the a/c still in use, or has it been recently.

 

In any event, I believe they still need the signed credit agreement if they want to enforce any amount owing on the a/c. Is there a balance owing on it now.

 

[Dotty50]

Yes it has a balance but not used for a while.

 

Have been paying until last month but they took the payment out of my deposit account with Barclays! I know I should have moved the money in it but completely forgot. It's empty now though!

 

Probably not gone about it the right way with these but just had enough of paying month after month and realising how much they are adding in interest.

 

After the way they showed no interest in my OH's offer of reduced payment due to reduced income, I just cancelled my direct debit in protest and requested CCA to see what they would send.

[slick132]

Hi Dotty,

 

I understand why you've done this but, if you fail to make the repayments due on the card, you'll be defaulted and this will affect your CRA files.

 

Even if BC cannot produce the credit agreement, you'll have real trouble getting the default removed.

 

You're probably better paying off what remains on the a/c, and then close it.

 

Trying to get the a/c declared unenforceable will take many months, if not years. This won't happen UNTIL you are taken to court by BC and there's no guarantee that they'll even take court action.

 

They tend to hassle you for months and leave your CRA file in tatters.

[Dotty50]

Credit file already trashed due to others so have given up worrying about that but this card isn't registered with Experien or Equifax, never has been!

[Dotty50]

Gosh it's been nearly a year since I posted on this thread!

 

Just a little update, after several letters from a few different DCA's I have received a letter from Barclaycard to advise that has been assigned and transferred by BC to MKDP LLP who have appointed MMKR as their servicing agent to manage the account on their behalf.

 

I guess BC have no intention of going down the legal route for this card which is over 25 to 30 years old.

 

I decided that after having paid for this many years, BC have had more than enough interest from me and I have paid nothing more and there is a little advantage of this not being registered with any CRA's.

 

Of course, should any claim be received, I will review it and consider my options.

 

Statute barred in approx 5 years, that seems a long way off but time goes a lot quicker as you get older!

[Dotty50]

It's been a while since I dealt with an N1 being issued so will need some up to date information from the experts please.

 

Issue date 3rd May, claimant is MKDP (whoever they are?)

 

POC as follows:- The claimant claims payment of the overdue balance due from the defendant under an agreement dated XXXXXX.

The Defendant has failed to make payment in accordance with the terms and conditions and a default notice has been served pursuant to the CCA 1974.

 

The Claimant has complied, as far as is necessary, with the pre-action conduct practise direction.

 

The claimant claims the sum of XXXXXX and costs.

 

As they do not mention the original creditor and I have not seen anything like a Letter before action, I am at a bit of a loss where to begin!

[AndyOrch]

Debt Collection Dotty are you sure they are the Claimant and not acting?

 

http://mkdp.co.uk/index.html

 

Regards

 

Andy

[Dotty50]

Hi Andy, thanks for looking in so quickly!

 

There is no mention of anyone else in the POC and the date they mention is over 30 years ago!

 

I can guess that it might be BC but without any LBA I really don't know

[AndyOrch]

" and the date they mention is over 30 years ago! "

 

Well whoever,s debt it is is most def Statute Barred... rough value SCT or FT?

 

 

Andy

[Dotty50]

If it's an old CC I will have last paid about 3 years ago, after which time I went down the CCA route after finding CAG.

 

Sorry what is SCT or FT?

 

Rough value is over 10K

[AndyOrch]

If it's an old CC I will have last paid about 3 years ago, after which time I went down the CCA route after finding CAG. So you know what the debt is?

 

Sorry what is SCT or FT? Small Claims Track 5K and upwards.

 

Rough value is over 10K

 

Andy

[Dotty50]

Thanks Andy,

 

Not 100% sure because they do not mention an OC but going by the date, I think it is Barclaycard.

 

I will have to go an dig out my file and see what I did, but if it is them they never satisfied my S78 request, I don't even recall a reconstituted being sent, just a letter full of gobbledegook!

[AndyOrch]

MKDP do have connections with Sharkly.

[Dotty50]

I'm toying with the idea of contacting them to get them to confirm the debt and then I can work out what to do or I just send in a defence asking for full details as I do not have a debt with MK?

 

I was also under the impression that unless the debt has been purchased, only the OC could take action?

[AndyOrch]

I'm toying with the idea of contacting them to get them to confirm the debt and then I can work out what to do or I just send in a defence asking for full details as I do not have a debt with MK? CPR on the agreement and DN?

 

I was also under the impression that unless the debt has been purchased, only the OC could take action?

They dont refer to any assignment or previous OC this falls foul pursuant to CPR 16.4

 

Regards

 

Andy

[bradfordlad]

hi Dotty50 (and Andy, we meet again!)Strange this - I've also received an N1 today, again from MKDP and I believe it's also for a BC debt in excess of £10k!Your tale sounds very similar to my own, so I'll be watching your thread with interest :)BL

[AndyOrch]

hi Dotty50 (and Andy, we meet again!)Strange this - I've also received an N1 today, again from MKDP and I believe it's also for a BC debt in excess of £10k!Your tale sounds very similar to my own, so I'll be watching your thread with interest :)BL

 

 

Hi BL

 

Well you know where you will always find me:wink:

[AndyOrch]

Ok Dotty

 

Just to refresh you CPR 31.14 (The Agreement/Default Notice) 7/14 days Separate Section 78 CCA request (agreement and current statement ) 12 days to MKDP recorded delivery print name.

 

The N1 33 days ( 5 deemed served ) 28 days (14 to AoS) and if defending ( a further 14 to submit your defence)

 

Check all relevant CRAs to validate if any markers relate to this.

 

Regards

 

Andy

[AndyOrch]

Here is I hate Banks thread Dotty http://www.consumeractiongroup.co.uk/forum/showthread.php?349358-Barclays-credit-card-quot-URGENT-ADVICE-NEEDED-quot-(23-Viewing)-nbsp

 

And Bradford Lads http://www.consumeractiongroup.co.uk/forum/showthread.php?349337-County-Court-claim-form-received-too-late-to-avoid-a-CCJ-(5-Viewing)-nbsp

[Dotty50]

Oh Andy, what would we do without you!?

 

I'll be popping over to say hi to Bradfordlad soon

 

I guess they have issued a load to see how many they can get through by default!

 

The POC doesn't refer to any assignment or OC and as far as I can see, the last correspondence was Oct 11 and that was what I deemed to be a standard threat letter, although it mentioned a bulk claim to Northampton and gave 7 days!

 

I don't consider this to comply with pre action protocol!

[Dotty50]

Oh Andy, what would we do without you!?

 

I'll be popping over to say hi to Bradfordlad soon

 

I guess they have issued a load to see how many they can get through by default!

 

The POC doesn't refer to any assignment or OC and as far as I can see, the last correspondence was Oct 11 and that was what I deemed to be a standard threat letter, although it mentioned a bulk claim to Northampton and gave 7 days!

 

I don't consider this to comply with pre action protocol!

[AndyOrch]

Any Idea Dotty when payment was last made or you acknowledged the debt?

[bradfordlad]

The POC doesn't refer to any assignment or OC and as far as I can see, the last correspondence was Oct 11 and that was what I deemed to be a standard threat letter, although it mentioned a bulk claim to Northampton and gave 7 days!

 

I don't consider this to comply with pre action protocol!

 

Ditto on my PoC - looks like they've decided to save some cash by not using solicitors, and let the office junior issue some claims!!

[Dotty50]

I reckon you're right bradfordlad!