Mkdp/hsbc - first direct account [merged card/OD - managed loan]

[Shawn0109]

all

 

Been a long time since I last was on here,

 

here is my issue that is currently stressing me out as this company is not taking "No" for an answer and are now being very aggressive.....

 

This alleged debt has been with a number of different collection agencies

every time I send them the same old £1.00 postal order to get a copy of the alleged Credit Agreement

every time with them saying "Oh we don't have it, go and get it from the original creditor".

 

Now this lot started back in beginning of 2012

again I sent a £1.00 postal order and every month they came back saying "Oh we are still waiting for HSBC to provide us with it".

Then all of a sudden when I advised them that they are in default of my request by over a year

they then say "Oh it's not a Credit Agreement but a Bank Account".

 

Erm ok I don't believe you because I do remember I had some form of credit because with the last lot of collection agencies in 2010

the balance is for the same amount with a different HSBC/First Direct Account Number...... Very interesting.

 

when I made the £1.00 postal order payment to the previous collection agency for a copy of the alleged agreement

they told me they "Didn't have it" so what did they do?

Make it look like I made a payment to the account instead,

good job I kept all the letters from that long ago to prove what the £1.00 was for.

 

MKDP are saying it's a "Bank Account" now and not a "Credit Agreement" which I know for a fact what it is,

but I am standing my ground here and have not admitted anything to them,

 

I sent an SAR request posted signed for on delivery with a £10 postal order got a reply back yesterday what have they sent?

 

Screen shots of payments made to the alleged account,

no statements from the original creditor,

no explanation as to how the debt came about

as on the screen shots they sent over show a balance of £0.00 "LOL"

and no Deed Of Assignment

 

I have sent them an email over saying they have not complied with my request

and will now await to see what other B.S they come up with.

 

Finally in the letter you will not believe what I caught them out on and I pointed this out in the email,

the balance they say I owe was originally £1381.86 it is now £1371.86

I think what they have done again to prevent it going Stat Barred is place the £10.00 postal order I sent for the SAR request on to the account

to make it look like I have made a payment,

 

they are in fact breaking the law and what also looks like committing fraud I would say.

 

I am trying not to stress over this but would you guys think it would be best for me to make my SAR request directly to HSBC and advise MKDP that I have done so?

 

As far as I am concerned this debt is in dispute and if it goes to court I will sue them for the amount of stress

they have placed on me over the last 18 months. Any help guys would be totally awesome.

 

Thanks All.

[citizenB]

I don't think you really need keep sending the CCA requests to DCAs.

 

Send one request to HSBC and then when the next DCA pops up, simply send them a copy of your request to HSBC and confirm the account is in dispute.

 

You might also want to invest £10.00 and send a Subject Access Request to HSBC - this entitles you to ALL data in respect of your relationship with HSBC. There is a draft SAR letter in the CAG library.

[BRIGADIER2JCS]

Shawn, are you saying you sent a SAR to MKDP, they will only have minimal data from the date they acquired the account

As citizen B said SAR HSBC/First Direct this will get all the data on ALL accounts.

[renegadeimp]

So you are saying they have credited the statutory request payment to the account?

[Shawn0109]

The alleged account was sold to MKDP so thought they would have had all the info, yes I will send the SAR request to them and see what happens.

 

And yes MKDP and a previous debt collection agency used the payments for both cca and sar and have applied them as payment to the account,

but not to worry I have all copies of letters sent,

I know they have done this to prevent Stat Barred status by making it look like I have made payment when I have not, I even stated that in my letters to them.

 

But yes I will now go directly to the original creditor with that account number that has been sold on

and see what they come up with, they might turn round and say....

. "Sorry go to the "Mickey Mouse" collection agency we sold it to for that info"

[Shawn0109]

Yes so it seems....... :-/

[Shawn0109]

The alleged account was sold to MKDP so thought they would have had all the info, yes I will send the SAR request to them and see what happens.

 

And yes MKDP and a previous debt collection agency used the payments for both cca and SAR and have applied them as payment to the account, but not to worry I have all copies of letters sent, I know they have done this to prevent Stat Barred status by making it look like I have made payment when I have not, I even stated that in my letters to them.

 

But yes I will now go directly to the original creditor with that account number that has been sold on and see what they come up with, they might turn round and say..... "Sorry go to the "Mickey Mouse" collection agency we sold it to for that info"

 

Then I will be P***ed.....

[Shawn0109]

Just had an email from MKDP today advising me to pay full balance now,

 

I have advised them in a reply back that I have sent an SAR request to HSBC/First Direct via recorded delivery

and even though they have bought the debt from them they must now stop all collection activity whist the dispute is in place.

 

My question is now shall I send them a copy of my SAR request that I have today sent to the original creditor?

 

And number two

 

are they allowed to be still seeking collection of the alleged debt whilst there is a dispute in place with the original creditor

bearing in mind that they allegedly bought this debt from them?

[Shawn0109]

So you are saying they have credited the statutory request payment to the account?

 

Yes that's what it looks like they have done. :-/

[renegadeimp]

Yes that's what it looks like they have done. :-/

 

Tut tut thats very naughty. I think you need one of brigs letters. I would try and compose one myself, but from experience, his letters always hit the mark.

[Shawn0109]

Tut tut thats very naughty. I think you need one of brigs letters. I would try and compose one myself, but from experience, his letters always hit the mark.

 

So as above I have sent an SAR Request this time to the original creditor had another email back just like 10 mins ago from MKDP saying that I am not allowed to do this, erm I think I am...... Am I not?

[Shawn0109]

Well today I have had a reply back from HSBC/First Direct

 

They have advised that they can not find any statements regarding the account that MKDP allegedly bought from them

because the account was closed back in 2004

 

they did however have statements from a credit card account that was paid off back in 2002 in full...

.. so the account which MKDP claimed to be a current account which the original creditor stated they have no statements for

I take it I can now go back to MKDP and advise them that all collection activity must now stop...

 

... Any help people would be appreciated.....

[renegadeimp]

So HSBC cant find any statements, nor do they have a CCA, yet the DCA still thinks they can do anything?

[Shawn0109]

That's it, they sent me old credit card statements which show that the account was paid off in 2002....

 

. Now in regards to the alleged account that MKDP are chasing

 

hsbc/first direct say that the current account was closed in 2004

 

and have no statements for this so should I now go back to the DCA

 

and tell them this fact and to finally go away,

 

or should I take this higher?

[BRIGADIER2JCS]

Hi looking in as requested. Will read back on the thread.

[BRIGADIER2JCS]

The Statute Barred letter from the CAG library I think Shawn, no payment or written acknowledgment in 6 clear years, end of I think.

[citizenB]

Well today I have had a reply back from HSBC/First Direct

 

They have advised that they can not find any statements regarding the account that MKDP allegedly bought from them because the account was closed back in 2004 they did however have statements from a credit card account that was paid off back in 2002 in full..... so the account which MKDP claimed to be a current account which the original creditor stated they have no statements for I take it I can now go back to MKDP and advise them that all collection activity must now stop...... Any help people would be appreciated.....

 

 

Shawn do you have this in writing ? If so, then I see no reason why you cant just write to the DCA and advise them that you have been in touch with HSBC and they advise that you have no outstanding liabilities - and even if there were, then they would be statute barred by now.

[Shawn0109]

Shawn do you have this in writing ? If so, then I see no reason why you cant just write to the DCA and advise them that you have been in touch with HSBC and they advise that you have no outstanding liabilities - and even if there were, then they would be statute barred by now.

 

I got this from HSBC/First Direct today

 

the account that the DCA are chasing has claimed the debt is for a current account,

 

now HSBC/First Direct have said in regards to that account they do not have any statements for as it was closed back in 2004

 

the only thing they sent me was 4 statements from the old credit card account that was fully paid and closed back in 2002

 

also I have attempted to use the statue barred letter

 

but MKDP are having none of it as I used the SAR before back in 2010 with another DCA

who again couldn't get the information requested from the original creditor

 

so MKDP have said oh you made a payment to the alleged account in that time period, I know for a fact that I did not.

 

So in light of this new information from the original creditor

can I not just now go to this clown of a DCA and tell them to finally go away.....

 

.. As if there are no statements relating to the alleged account and the original creditor has also not advised on any outstanding balance

this really should be case closed should it not?

[Shawn0109]

Hi guys here is an email that I got from MKDPLLP/Compello Operations from Lauren Taylor who ever she is....... She is the one who has been really annoying me in every way possible, any help would be appreciated.....

 

From: compellogroup.co.uk Contact Us

Sent: Monday, 21 October 2013, 14:37

Subject: RE: SAR Request

Dear Mr ********,

Thank you for your email.

I must advise that Statements of Account are unavailable due to the age of the account as they are only obliged to hold this information for a period of six years. This does not affect your liability on this account.

HSBC closed your account in 2004 as this was when the account defaulted and HSBC cannot sell on an open account. Therefore, at this time we do not regard the account as in dispute. We will resume our attempts to contact you to discuss a suitable repayment method regarding this account.

MKDP LLP are committed to ensure our customers receive a high standard of customer service at all times and we therefore kindly ask you to contact our collections team on 0330 3001004 to discuss your account.

Our office opening hours are: Monday to Thursday 8am to 8pm, Friday 8am to 6pm and Saturday 9am to 4pm. You can also contact us by fax on 0870 8747780 or email us at [email protected].

Kind Regards

Lauren Taylor

MKDP LLP

______________________________________________

[citizenB]

Shawn, It is my understanding this is statute barred, if you have sent the statute barred letter then it is for them to prove otherwise ! If they continue to pursue after that letter has been sent then, you simply escalate your complaint to the OFT and Financial Ombudsman.

[dx100uk]

the debt is statute barred end of!!

 

your real issue here is you KEEP WRITING TO THESE DCA's DONT

 

you keep writing

 

they keep thinking they've found a MUG TO FLEECE.

 

ideally you should have posted here FIRST before you ever did anything

 

you would have been advised that a bank account cannot be CCA's

 

and

 

a DCA cannot be [worthwhile wise] be SAR'd either

 

then none of your payments would have been used to pay the debt off!!

 

dx

[Shawn0109]

Ha they have told me that it's not Statue Barred and that the last payment was back in 2010..

... Now that payment was to another DCA to obtain either a CCA or SAR and not a payment on the account, all of which I have the evidence for.

 

In relation to what the original creditor has posted back to me in the SAR request

I put forward to them, they can not produce any statements of account as it was closed back in 2004

but they could produce statements for a credit card that was fully paid back in 2002 and closed,

in relation to a segment of the email this Lauren Taylor sent over:

 

I must advise that Statements of Account are unavailable due to the age of the account as they are only obliged to hold this information for a period of six years. This does not affect your liability on this account.

 

HSBC closed your account in 2004 as this was when the account defaulted and HSBC cannot sell on an open account. Therefore, at this time we do not regard the account as in dispute. We will resume our attempts to contact you to discuss a suitable repayment method regarding this account.

 

If a DCA was chasing you for a debt and they could not produce statements of account would you pay them?

 

I know I wouldn't and yes also the original creditor can sell the debt on whenever they like......

 

this has been going on for over 2 years now and I am now ready to take legal action against them if I have to.

 

Even when over 2 years ago now I sent a CCA request and each and every 4 week

 

I got a letter back stating they are liaising with the Original Creditor and will let me know when they have the information to hand..

 

..... Then all of a sudden this year they say "Oh wait a second it's not a credit account but a bank account!!!" what a load of c**p this is.........

 

I have had enough of this lot, again in my way of thinking....

 

.. If the DCA and the Original Creditor can not produce statements of account or any other additional information then this should be case closed in my eyes,

 

as this woman Lauren Taylor from MKDP LLP AKA COMPELLO OPERATIONS is really starting to get to me,

 

my father is currently undergoing Chemotherapy for Cancer and the last thing on my mind right now is a stupid alleged debt to a company that can not prove it....

 

... All they can prove is payments on to account and not how the debt originated.......

[Shawn0109]

the debt is statute barred end of!!

 

your real issue here is you KEEP WRIRING TO THESE DCA's DONT

 

you keep writing

 

they keep thinking they've found a MUG TO FLEECE.

 

ideally you should have posted here FIRST before you ever did anything

 

you would have been advised that a bank account cannot be CCA's

 

and

 

a DCA cannot be [worthwhile wise] be SAR'd either

 

then none of your payments would have been used to pay the debt off!!

 

dx

 

Soin relation to my post 2 mins ago should I sent them another Statue Barred letter?

[citizenB]

If they cannot provide statements to prove their case, that is their problem not yours. Especially if you can provide evidence that the payment they say was made in 2010 was the statutory fee for a SAR or CCA request. They can apply the fee to the account, but it is a gift from them to the account. NOT a payment by you to the account.

[Shawn0109]

If they cannot provide statements to prove their case, that is their problem not yours. Especially if you can provide evidence that the payment they say was made in 2010 was the statutory fee for a SAR or CCA request. They can apply the fee to the account, but it is a gift from them to the account. NOT a payment by you to the account.

 

Ah ok yeah I still have all the letters in my file from back then,

 

I'm just tired of this situation now, like this afternoon I just felt like k***ing myself....

 

.. Just because of the stress MKDP Compello Operations is putting on me,

 

every time I tell them that there are no statements they are like

"So we are still going to take in further and either get a CCJ or make you bankrupt!!!!!"

 

I have seriously had enough of this clown DCA and nothing would make me happier than to take them to court a

nd then claim costs back for the stress and psychological effect it has been having......

 

... Thanks for the help so far, I thought I was on my own.....