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

[Shawn0109]

To be fair there,

in all honesty I sent a CCA first and it was over 13-14 months later they came back the DCA

and said oh wait it's a bank account not a credit account,

 

now I then went to HSBC/First Direct and sent them an SAR now tell me..

 

... They can get statements for an old credit card from 2002 that was fully paid off and closed....

 

.. But they can't get statements for an alleged Bank Account that allegedly defaulted in 2004.....

 

........ Strange isn't it.........

 

.... But yeah the payments that I made for SAR and CCA requests I have evidence for as I have kept all them letters from that time period

 

so I am still going with the Statue Barred route, as payment for either a CCA or an SAR can not reflect or be placed on to a disputed account.

[dx100uk]

yep!!

oh and stay off the phone?

 

 

dx

[dx100uk]

is this that hsbc debt that IND got a CCJ on years ago?

 

it was SBd then!!

 

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?184573-FV-1-Incorporated-got-a-CCJ-against-me-back-in-November-2008-for-a-HSBC-Little-Help-Plz.

[Shawn0109]

Hi all

 

Been a long time since I last was on here, my previous thread has been closed don't know why?????

 

Anyways 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.

[Shawn0109]

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]

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.......

[citizenB]

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

 

Yes, send them the follow up letter which I have linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387434-Follow-up-Letter-where-Statute-Barred-Debt-is-still-being-pursued.

 

Just because the company chooses to apply the statutory legal fee for a SAR or CCA request, it cannot be claimed that YOU made a payment to the account. You didn't.

[citizenB]

I so wish you had waited and not started another thread.

 

I am going to merge this with the original one and reopen.

 

It was an error, pure and simple.

[Shawn0109]

http://www.consumeractiongroup.co.uk/forum/showthread.php?184573-FV-1-Incorporated-got-a-CCJ-against-me-back-in-November-2008-for-a-HSBC-Little-Help-Plz.

 

No that was a totally different matter this is to do with First Direct........ So like I say I don't know where to go with this from here........

[Shawn0109]

I so wish you had waited and not started another thread.

 

I am going to merge this with the original one and reopen.

 

It was an error, pure and simple.

 

 

Ok sorry

Thanks for sorting it....

[Shawn0109]

OK guys again things have been quiet but

 

have had a letter from Lauren Taylor from MKDP stating that they now again wnat me to make a payment arrangment,

 

funny thing is I have had a letter from First Direct stating that this was nothing to do with a Current Account as MKDP advised

but was to do with a Credit card Account that

 

they sent me a copy of a statement for stating that there was a credit of 1370.00 paid on there back in November/December 2002 and the ballance showing as Nil.....

 

..... I have sent them MKDP an email yesterday and followed it up again today after getting another letter from them for a "Final Warning"

 

I have also attached to the email a copy of the letter from First Direct along with the statement they sent......

 

....... So what should I be doing in rgegards to this now,

 

as First Direct can not obtain a credit agreement or anything else for that matter,

 

it states that the balance is nil,

 

I have not acknowledged any debt to the lot at MKDP.

 

So what do i do now,

 

besides go back to the Financial Ombudsman?

[dx100uk]

as you now know its a credit card

 

they MUST [MKDP] hold the CCA to deman anything from you.

 

put up KKDP or shut up/

 

dx

[Shawn0109]

Bump! :-/ Any help guys please.........

[dx100uk]

have you sent MKDP a CCA request again.

 

dx

[Shawn0109]

Funny thing is

 

I have sent an SAR request to First Direct

 

they came back with credit card statements funny enough

but could'nt come up with bank account statements as they dont have them on file anymore, and

 

all the time I hvae been telling MKDP via email

 

all of which I have kept this Lauren Taylor keeps saying its a Bank Account so pay up.......

 

Well I got enough evidence to take this to court now if I have to and

I even copied one of her emails to me telling me so,

 

now I think the tables have turned

 

what do you think a Judge would say?

 

They have been chasing me for this for over 3 years,

 

I remeber when I sent them the CCA request

I still have letters for and

 

every 34 weeks I would get a lett saying they were still waiting for the original creditor to find it,

 

it went quiet for a year after that then they said

"Oh wait it's a bank account and not regulated under the Consumer Credit Act"

 

Well the letter from First Direct has proved otherwise..... So what should I do now.?

[Shawn0109]

No I haven't....... Do you think I should?

 

have you sent MKDP a CCA request again.

 

dx

[dx100uk]

yes with an attached copy of the letter from the OC

stating it IS an account covered by CCA

 

dx

[Shawn0109]

Ok I will do this again on Saturday,

 

funny enough I have found some more old letters from other DCA's dating back to 2005 2006 and 2007

 

all of which were sent CCA request and

 

they kept going back to me saying oh get in touch with the original creditor for this,

 

I do have a lot of evidence to go by if this lot at MKDP take it further,

 

I'll do that first thing on Monday and

 

will be sending further info on this to the Financial Ombudsman as I also approched them and

 

they have logged a complaint againt the dca and the original creditor

 

I think I have covered all the basis so far,

 

I'm just waiting for this Lauren Taylor to reply to my email about it,

 

looks like she is burying her head in the sand in light of this now.

 

yes with an attached copy of the letter from the OC

stating it IS an account covered by CCA

 

dx

[Shawn0109]

Haha, I have just had an email from a Debbie Jones now saying the following:

 

 

Thank you for your email.

 

I understand you believe this account to be settled.

 

You have attached a First Direct statement showing a nil balance.

 

The statement you have provided relates to a credit card account.

 

The account held by MKDP LLP is not a credit card account,

 

it is a current account with the account number ******/********.

 

We have previously advised you that we have raised your concerns with HSBC

and they do not have a record of an unresolved dispute on file.

 

I will arrange to forward you a list of transactions you have made to this account, since it was charged off, by post.

 

Kind Regards

 

Debbie Jones

MKDP LLP

[Shawn0109]

Bump as always........ anyone?

[dx100uk]

for what?

 

dx

[BRIGADIER2JCS]

Have you ever had a current account with HSBC?

 

 

Has this account at anytime been in the hands of the Lowell Group?

[Shawn0109]

Yes

 

And it wasn't with HSBC it was with First Direct and

it wasn't overdrawn it was closed when the credit card got a default on it

and the debt was for just over £1300 approx the same amount that this DCA is asking for,

 

noe First Direct in their letter have stated this is nothing to do with a Bank Account

and is to do with the Credit Card,

 

funny thing is they can not get any statements for the bank account

but they can for the credit card and

 

the credit card statement in black and white clearly shows that there was a credit paid on to it in Decemeber 2002

for just over £1300 approx.

 

So I rest my case.

 

And no this hasn't come from Lowell Group,

it has been with different DCA's before now all of which had the CCA request

but could they provide any evidence? No is the short answer.........

 

Have you ever had a current account with HSBC?

 

 

Has this account at anytime been in the hands of the Lowell Group?

[BRIGADIER2JCS]

First Direct is HSBC on line banking. Not sure if First Direct issued CCs under this trading style.

A SAR to HSBC/First Direct should be your next move.