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

[Shawn0109]

I already did the SAR request to First Direct they advised they couldn't give me statements for the Bank Account as it was over 6 years ago, but funny enough they could get them for a credit card account that shows it was fully paid off...... Now don't you just find that a little strange?

 

I have even gone to the Financial Ombudsman and they are looking into it also, i have explained this to MKDP and they said oh we have a list of credits on to the current account again which shows a nil balance so there was no debt...........

 

They have been chasing me for the last 3 years and they really are starting to **** me right off. So when they sent the letter to me back in Feburary 2014 from First Direct it states it is to do with a Credit Card Account and not a Bank Account so I think next move for me is to take them to court because MKDP have no evidence of any kind.................

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.

[Shawn0109]

Oh and by the way First Direct is a subsidary of HSBC so the on-line banking is totally different,

and yes First Direct also do Credit Cards..

 

.. So to be fair they have already had an SAR request from me for information, they have failed to supply it...

 

... They have also had a CCA request and again failed to supply it,

both First Direct and MKDP so really I aint going to bother requesting this information again.........

 

 

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.

[Shawn0109]

MKDP phoned here today,

I told them I was not going to discuss anything with them over the phone,

 

the woman on the other end started getting aggravated and shouting her orders

that they want full payment in 7 days......... Yeah right as if I'm going to pay you guys anything,

 

have just spoken to the original creditor who advised that there was a debt on a Credit Card

and in order to pay it off they opened a current account,

 

I find that very hard to believe which in turn then had a debit balance on it....

..... I have heard of Money Managed Loans but I have never heard of something like that before,

 

they advised that the current account was opened in 2002

which again I find strange as they sent me an application form for a credit card

and a bank account that was stamped as received by HSBC/FRIST DIRECT

all the way back in 2000 so they are lying through their teeth.

 

I have now advised them that I will be tking this matter further

and that all future communication be done in writing no more phone calls are allowed.........

[dx100uk]

ah the old managed loans trick yes.

 

well they cant do this bank account lark.

 

prove I agreed to it..

 

dx

[Shawn0109]

Which is what I asked them to do

there is another account number which they said is the debt collection agency reference number but it isn't,

 

so my thought is that this account number is the money managed loan account that there should have been a credit agreement for this

in turn would be regulated under the consumer credit act 1974 would it not?

 

ah the old managed loans trick yes.

 

well they cant do this bank account lark.

 

prove I agreed to it..

 

dx

[Shawn0109]

So with this in mind of a "Money Managment Loan" which should be under the consumer credit act, how should I proceed?

 

ah the old managed loans trick yes.

 

well they cant do this bank account lark.

 

prove I agreed to it..

 

dx

[Shawn0109]

Ooppss......... Looks like I hit a very bad nerve with Debbie Jones @ MKDP LLP...........

 

Thank you for your email.

 

We do not believe that we can assist you any more than we have already done,

and therefore ask that you direct any ongoing grievances in this matter to the Financial Ombudsman Service.

We will not enter into any further correspondence with you on these particular issues.

 

With reference to your CPR 31.14 request,

I am unsure of how this would relate to the above account as this is:

Failure to file a budget and the CPR rules and regulations would only apply once legal action had commenced and at this stage no action has been taken.

 

We are unable to comply with your request to stop contacting you by post,

however, I can confirm that our records have been updated so that all future correspondence will be in writing only for a period of three months,

this will then be reviewed.

 

Kind regards

 

Debbie Jones

MKDP LLP

 

 

*****What do you guys think I should do now?

 

I am thinking to just ignore which is the best way,

in the email looks like she doesn't know how to reply properly to my email

and thats why she has now decided not to have any further communication with me....

.. Wow thats so sad.............*****

[Shawn0109]

Hello all.

 

It has been a while I sent this email to MKDP LLP last week as the word from the horse's mout first direct states that I signed a Credit Agreement for a Managed Loan back in November 2002 I requested a copy of this from MKDP LLP back in March 2012, anyways here is the email I sent:

 

Account in Dispute - Section 10 Notice

 

Dear Sirs,

 

Account No: ******/********

 

Ref No: ***********

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 20th Match 2012 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on 10th April 2012.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested, any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

 

Yours faithfully

 

**********They Then In Turn Sent This Back To Me Today**********

 

Thank you for your email.

I can confirm we have liaised with HSBC in regards to the correspondence you have received and they have responded to advise that this balance is an amalgamation of your Current Account and Credit Card. Please accept my apologies for any confusion our previous communications may have caused; I must advise that we are purely reliant on the information provided by the original creditor and this information has not been divulged to us previously.

The information we must provide you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

A statement of account is below:

• The current credit on your account is £0.00

• The current balance on your account today is £1,381.36

Due to the current status of your account, the full outstanding balance is now due. We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues. Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account.

We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies and requesting payment from you. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted “enforcement” for this purpose. This completes our obligation under Section 78 of the Act.

Further to your Section 10 request under the Data Protection Act. The above account was assigned and transferred by HSBC to MKDP LLP on 8th December 2011. This means that the effective owners of the above account are now MKDP LLP. As a result of the transfer of your account, MKDP LLP has obtained your personal details from HSBC and will act as data controller for the purposes of the Data Protection Act 1998. MKDP LLP may acquire additional information about you from a variety of other sources, including public records and other accounts purchased by MKDP LLP and will use this data for a number of purposes, including administering recovery of any dividends payable and for research and statistical analysis in respect of this account and any other account owned or subsequently acquired by MKDP LLP. As the above balance remains outstanding, we do not have to comply with your request to stop processing your personal data.

Again, please accept my apologies that the service you have received has not met with your expectations. Customer service is of paramount importance to us and I appreciate the level of service received on this occasion has fallen short of the service we expect you to receive.

Kind Regards

Lauren Taylor

MKDP LLP

 

**********My question is where do I go from here, this is really starting to annoy the hell out of me now as this has been going on since 2011/2012 with this bunch of Muppets**********

[dx100uk]

well they've confirmed its the managed account lark.

 

and that they cannot enforce

 

just ask for payments.

 

though luck. MDDP!!

 

pers i'd send/do no more now unless they issue court papers and they say they cant .

 

dx

[Shawn0109]

Right, so they can still send court papers if they want to,

 

what would a judge say when they can not provide a credit agreement,

 

don't think they would have the bottle to do that as they don't have the evidence to back up their claim,

 

plus the statute barred comes into play in September/october time.

 

So then they won't be able to do a thing.

[dx100uk]

they could try but as their letters says

they cannot enforce it.

 

in other words

 

they are stuffed.

 

I take it they have you correct address?

 

dx

[Shawn0109]

Yes they do,

but as this states they don't have the credit agreement and they can not even produce statements of account either,

 

I've even stood by the fact that I have never acknowledged the debt to them or any other DCA previous to this,

 

I'm not even going to worry about this now,

 

as I say it's only 2 months till it goes Statute Barred so they won't be able to do anything,

 

along with lack of evidence, I have plenty of always requesting copies of the CCA and always being told,

 

"Sorry we can't get it" and then the debt being sold on to other DCA's it's starting to annoy me.

 

I'm not going to pay this alleged account and I don't think that they will be able to do anything about it.

[BRIGADIER2JCS]

The only restriction that is made if the CCA is not available is that the creditor/DCA/ debt Purchaser cannot enforce the debt via the courts, the could seek judgement but could not enforce it.

[Shawn0109]

I for one think it would be pointless then even seeking a CCJ

 

they have no evidence to provide,

no statement of accounts,

no credit agreement,

 

to me I would say this is very much a case closed,

 

I'm sure a judge would laugh them out of court to be honest when he/she would see how much evidence I have regarding this matter.

 

Like I say it's due to go Statute Barred in two months anyways,

 

I wander if they come back next demanding payment again,

 

what should I say next?

[dx100uk]

go quiet

 

unless they issue court papers

 

MKDP are rather inept at the best of times

 

they'll prob sell it on.

 

dx

[Shawn0109]

I'll just call it all in all a bad day today....... I hope MKDP (AKA) Raven Recoveries go under...... To me they seem to be scraping the bottom of the trash bin now........

Edited August 7, 2014 by Shawn0109

[Shawn0109]

Well just had a follow up letter form the idiots scrapping the bottom of an old barrel MKDP "Tracing Department"

 

 

advising me to contact them to arrange immediate payment or they will be taking further legal action by obtaining a CCJ

and instructing door step collectors "Blah Blah Blah"

 

 

any advise on what I should do,

 

 

or just wait and see what happens?

 

 

Like I say they have already admitted that neither themselves or First Direct can find the credit agreement

or statements of account, so in the eyes of the law it is un-enforcable....

 

 

.. Little help if possible peeps.....

[dx100uk]

read the letter properly

 

 

it does not say WILL or AND

 

 

it says may and OR

 

 

dx

[Shawn0109]

It says that they are instructing their pre-legal team to review the account and that should the matter proceed and a CCJ be obtained "Blah Blah Blah" instruct a Baliff to come round, good luck with that as it is not my house, it belongs to my family obtain a charge angainst your property, again good luck with that as it ain't my property or deduct monies from my wages from work............. Hate getting letters like this before I go away on holiday.

[Shawn0109]

It says that they are instructing their pre-legal team to review the account and that should the matter proceed and a CCJ be obtained "Blah Blah Blah" instruct a Baliff to come round, good luck with that as it is not my house, it belongs to my family obtain a charge angainst your property, again good luck with that as it ain't my property or deduct monies from my wages from work............. Hate getting letters like this before I go away on holiday.

 

*****Ah I get it now..... This is one of their "Blackmail/Threat Letters" to scare me into paying up..... Well as I have said before this is not going to happen, thanks for the tip.*****

read the letter properly

 

 

it does not say WILL or AND

 

 

it says may and OR

 

 

dx

[dx100uk]

instructing...that word

 

 

to do what..

 

 

review means nothing

 

 

its a std computer generated threat-o-gram

 

 

read it carefully

 

 

dx

[Shawn0109]

Again many thanks for the advise, I just panic when there is no reason to, the more I look at it now, it is just your standard threat letter, I'm just gonna keep my head down, enjoy my holiday and let this bunch of monkeys go and do one. If it turns into more serious issues then I have plenty of evidence from way back to present my case if need be. Thanks

instructing...that word

 

 

to do what..

 

 

review means nothing

 

 

its a std computer generated threat-o-gram

 

 

read it carefully

 

 

dx