MKDP & BC default/account - now claimform

[taffy_taylor]

I received a letter from "MK Rapid Recoveries" regarding a debt on a Barclaycard which I have never had.

 

They have indeed put a default notice on my credit file.

 

anyone know how to rectify that?

 

( sorry never had this before)

[taffy_taylor]

Some advice please.

 

I have 3 default notices on my credit file with Experian and

 

one of these I have no knowledge of.

 

I contacted the DCA ( MKDP) on the 1st June 2013 and placed a query on the debt as I have never had a Barclaycard.

 

The entry on Experian has since been marked with a "Query" entry.

 

I received a letter from MKDP on 17 July 2013 which was quite apologetic about the length of time taken as

"we are still unable to resolve your query" and "we are liaising with the original creditor"

 

How long can they keep me hanging on for an answer, it's now 2 months and if they cannot resolve it,

 

can I force them to remove the "default" entry.

 

Thanks for any help you can offer.

 

T_T

[taffy_taylor]

One further point. They told me that the last payment they recieved on this account was 21/4/2009 and the alleged default was placed on the account on the 27/1/2010- 9 months kater. Didnt i read on here somewhere that they should do this within 6 months?.......just a thought.

[dx100uk]

8 weeks from your letter then off to the FOS or the information commissioners office

 

dx

[shutmeup]

Some advice please.

 

I have 3 default notices on my credit file with Experian and

 

one of these I have no knowledge of.

 

I contacted the DCA ( MKDP) on the 1st June 2013 and placed a query on the debt as I have never had a Barclaycard.

 

The entry on Experian has since been marked with a "Query" entry.

 

I received a letter from MKDP on 17 July 2013 which was quite apologetic about the length of time taken as

"we are still unable to resolve your query" and "we are liaising with the original creditor"

 

How long can they keep me hanging on for an answer, it's now 2 months and if they cannot resolve it,

 

can I force them to remove the "default" entry.

 

Thanks for any help you can offer.

 

T_T

I've been having that same kind of letter from them every month since last summer. It's been that long I cant even remember what they are trying to resolve.

[slick132]

Hi Taffy,

 

If you are certain that the adverse credit data does not relate to an a/c that you had, you should make a formal complaint to the ICO.

 

You can also consider seeking compensation for damage to your reputation via court action.

 

You need to make sure this isn't for an a/c that BC took over, such as Egg, Morgan Stanley, Goldfish, etc.

 

[taffy_taylor]

Thanks all for your comments. Ia m thinking a letter giving them a week to remove the default from my name with Equifax plus include a £10 for a data information to see exactly what it is they think they have. Can I get them to remove the default having given them enough time. What is enough time ?

 

Regards to all

 

T_T

[slick132]

Hi Taffy,

 

If the default is simply wrong and has nowt to do with you, I'd write by RM Signed For Delivery giving them just 7 days to remedy the matter.

 

If they fail to agree to remedy within that time, or the default is left showing (I'd check this 10 days after you send the letter), make as formal complaint to the ICO.

 

As I said before, you are entitled to ask for compensation.

 

You are also entitled to sue for compensation for damage caused by this matter to your reputation.

 

[taffy_taylor]

I sent a Recorded letter to MK telling them to remove the default as advised by numerous threads on here. I have given them 14 days, so let's see what happens.

 

I moved abroad in June 2008 and the other 2 default entries are dated November 2008. If I didnt receive these notices can I query them? Or should I just suffer this until Nov 2014 say absolutely nothing that might signify acknowledgement of the debts and let them disappear ?

 

Getting better every day !

 

TT

[dx100uk]

are you ever returning?

 

dx

[taffy_taylor]

I returned to the UK this year for work.

 

I still own a house in Ireland which is not worth selling given the state of the Irish housing market. So its rented out and I now rent in the UK.

 

I have no assets here except a salary !

[slick132]

Hi Taffy,

 

........ the other 2 default entries are dated November 2008. If I didnt receive these notices can I query them? Or should I just suffer this until Nov 2014 say absolutely nothing that might signify acknowledgement of the debts and let them disappear ? TT

 

If the defaults do not relate to you in any way, of course you can query the entries. It doesn't matter if you didn't receive the default letters or DN. If they are shown on your CRA records, you're entitled to have them removed and you're entitled to claim for damage caused to your reputation.

 

There's absolutely no reason you should ignore the data wrongly posted against you. If it didn't relate to you, you should get it removed and be compensated for the bank's error.

 

[taffy_taylor]

claimform MKDP in the past week.

 

I have acknowledged the claim via the website MCOL found on this forum.

 

I have completed the information you have thoughtfully posted here and i have included this below.

 

I will also send a CPR 31:14 to them tomorrow.

 

I have ben talking to them via recorded letters for a few months and

 

have already asked them for a copy of the original CCA and

 

they sent me a copy of a "SkyCard Application Form" but this has all the usual statements you expect to see on an agreement form.

 

So I dont know whether this is correct I will scan and remove details if anyone here thinks this will help.

 

I have also asked them for a statement of account which they say they have sent to me but i have not received.

 

I ned this as I belive the last payment i made directly was May 2008.

 

In my last communication to them I sent a second request for a statement of account.

 

Next Item from them after a 6 month delay was the claim form.

 

 

Claimant - MKDP LLP

 

Date of Issue - 24 Jul 2014

 

The Claim - is for unpaid credit card account monies 11,890;87 being monies due from the defendant to the claimant under a regulated agreement originally between defendant and Barclaycard.Account was assigned to claimant on 15/12/2011, notice has been provided to defendant. Defendant failed to make payments etc etc

 

Value of the claim £12,300.87

 

The claim is for Credit Card Debt and I cannot confirm whether interest or other charges have been added as not statement of account has been supplied.

 

I entered into the original agreement , according to the application form they sent me on the 20 June 2006

 

The claim is issued by the DCA MKDP not Barclaycard

 

I was not aware the account had been assigned to MKDP.

 

I did not recieved a default notice from the original creditor as I had moved abroad and no longer resided at the address. The account mangement broke down in May 2008 when I moved yet Barclaycard did not place a default notice on my credit file for over 18 months IE January 2010.

 

I have not received statutory default reminders annually as i had moved from that address

 

I ceased payments as I was not able to afford them due to various personal money disasters that started in 2008

 

There was no dispute with the original creditor that remains unresolved. I just couldn't afford the payments

 

I entered into an arrangement with PayPlan who it appear may have been paying Barclaycard up to April 2009. Albeit a fraction of what was needed per month.

 

 

I Have told MCOL that i intend to dispute the claim but i dont know whether i can. I hate the fact that there has been a default on my file for 4 years and now it looks like a CCJ for another 6 !!!

 

What are the odds on MKDP canceling this and settling for a fair offer ?

 

Any help or advice would be helpful……….. PLEASE

 

Thanks

 

TT

[taffy_taylor]

I posted this last week but I think it got all lst with earlier posts of mine.

 

Anyway, Helpful advice is welcome!

claimform MKDP in the past week.

 

I have acknowledged the claim via the website MCOL found on this forum.

 

I have completed the information you have thoughtfully posted here and i have included this below.

 

I will also send a CPR 31:14 to them tomorrow.

 

I have ben talking to them via recorded letters for a few months and

 

have already asked them for a copy of the original CCA and

 

they sent me a copy of a "SkyCard Application Form" but this has all the usual statements you expect to see on an agreement form.

 

So I dont know whether this is correct I will scan and remove details if anyone here thinks this will help.

 

I have also asked them for a statement of account which they say they have sent to me but i have not received.

 

I ned this as I belive the last payment i made directly was May 2008.

 

In my last communication to them I sent a second request for a statement of account.

 

Next Item from them after a 6 month delay was the claim formicon.

 

 

Claimant - MKDP LLP

 

Date of Issue - 24 Jul 2014

 

The Claim - is for unpaid credit card account monies 11,890;87 being monies due from the defendant to the claimant under a regulated agreement originally between defendant and Barclaycard.Account was assigned to claimant on 15/12/2011, notice has been provided to defendant. Defendant failed to make payments etc etc

 

Value of the claim £12,300.87

 

The claim is for Credit Card Debt and I cannot confirm whether interesticon or other charges have been added as not statement of account has been supplied.

 

I entered into the original agreement , according to the application form they sent me on the 20 June 2006

 

The claim is issued by the DCAicon MKDP not Barclaycard

 

I was not aware the account had been assigned to MKDP.

 

I did not recieved a default notice from the original creditor as I had moved abroad and no longer resided at the address. The account mangement broke down in May 2008 when I moved yet Barclaycard did not place a default notice on my credit file for over 18 months IE January 2010.

 

I have not received statutory default reminders annually as i had moved from that address

 

I ceased payments as I was not able to afford them due to various personal money disasters that started in 2008

 

There was no dispute with the original creditor that remains unresolved. I just couldn't afford the payments

 

I entered into an arrangement with PayPlan who it appear may have been paying Barclaycard up to April 2009. Albeit a fraction of what was needed per month.

 

 

I Have told MCOL that i intend to dispute the claim but i dont know whether i can. I hate the fact that there has been a default on my file for 4 years and now it looks like a CCJ for another 6 !!!

 

What are the odds on MKDP canceling this and settling for a fair offer ?

 

Any help or advice would be helpful……….. PLEASE

 

Thanks

 

TT

[dx100uk]

threads merged

 

dx

[dx100uk]

they've yet to prove the claim yet

 

WHEN did you send them the CCA request?

 

scan up what you got back please

 

you NEED to find out that last PAYMENT DATE.

 

dx

[taffy_taylor]

I sent them the request in August 2013 and they replied with a photocopy of an application for a Skycard in April2014.

 

I dont understand your statement of they have yet to prove their claim yet….. Sorry

 

I will scan up what they have sent me

 

They claim that i made my last payment in May 2008 but then it continued via a debt managment plan. i do recall i made payments to payplan up to April 2009 and i assume because they claim so that they received payment from a dip until 2009. At that time i had moved abroad.

[dx100uk]

I would resend the CCA & a cpr 31:14

[taffy_taylor]

A scan of what they sent me in response to the CCA request. Does this prove the debt? and satisfy the CCA requirement or is it an application form?

[dx100uk]

pdf please

 

dx