MKDP, Barclaycard and me.

[eiggy]

Hello

 

I have a second BC debt being collected by MKDP,

it's for £2,500 and is not SB.

I made a CCA request during summer last year and followed that with a failed CCA letter.

 

This week my failed CCA request letter has been answered with a few pages of T&C's and some copy statements from BC.

 

MKDP state that I am liable for the debt and they will now resume collection activity.

There is nothing with either mine or BC's signature,

even a letter they included supposedly from BC responding to my CCA request wasn't signed

and looked a bit suspect, was dated June 2013!

 

I was wondering what I should do next?

From what I understand it's not enforceable as there's nothing signed,

I want to send the failed letter again but I don't think the wording would suit this case

and don't want to come across as if I don't know what I'm doing.

 

Thanks for any suggestions on my next move.

[gregs07]

Just ignore them.

 

They'll threaten you with county court probably. They might even claim if they think you'll ignore it with the hope they'll get a judgement by default.

 

 

Just keep an eye on your mail.

 

You've got a complete defence.

 

Have a scoot around and look at other barclaycard threads. They're notorious for losing/not retaining paperwork.

 

hey presto.

Edited January 11, 2014 by slick132
tidied layout

[dx100uk]

that's all you'll get from BC is T&C's

 

how old is this debt

 

is it on your CRA file?

 

dx

[dx100uk]

BC sold it for a reason

 

you need to sar BC and find out if you have PENALTY charges or PPI to reclaim.

 

dx

[eiggy]

Defaulted in 2010, its on my CRA file and MKDP are the owners.

 

There was old BC duplicate data on there but I complained about the duplication and had the old BC data removed.

 

I've made a SAR to BC in December and got back my statements along with a signed copy of my application made in 2004.

 

There are 15 charges of £12,

the first in Nov 09 and the last in Jul 10.

 

I found a link on here back in December and entered the figures into a spread sheet,

 

I'm really not sure if what I done was right as it said the total claim is £1.055.05?

 

Could that be true?

 

I've attached a photo of the xls.

 

I've done my homework to the point that I feel like I'm chasing my tail.

 

Assuming I'm correct, they can't successfully win judgement at the CC if there's no signed CCA?

 

I don't want to just ignore MKDP as I feel I might have a case to stand my ground but I'm not 100% sure.

 

I want to reply but I don't know what I should say to be affective.

[eiggy]

* Just to confirm, I made the CCA request to MKDP and MKDP replied with the T&C's and BC statements not BC as my first post might have implied.

[dx100uk]

pdf the attachments.

 

eitherway that's all you get out of a BC CCA request 9/10

 

with the signed application in 2005 on file

 

and the usual T&C's only [were these from 2004?]

 

you need to keep your eye out

 

as in MY opinion

with the clear financial link

that's all they'll need in court.

 

no saying they WILL

 

attach your xls file directly but remove you details

[slick132]

Hi Eiggy,

 

From what I can see of the tiny jpeg of the spready, your figures look right. The interest will be far greater than the charges themselves because of the effect of compound interest on older charges.

 

If you pursue the refund of charges direct from BC, they may repurchase the a/c from MKDP so as to set off the refund against the o/s balance. If they don't, BC would be obliged to refund direct to you.

 

Re DX's comments about the possible enforceability of the a/c with court action, you have a better chance because of when the a/c was opened, ie 2004. But it would always come down to a judge's view on the day.

 

[eiggy]

Okay, I'm attaching the pages sent to my by MKDP. As to what date, there is no other date contained in the T&C's sent by MKDP. I can only refer to the date contained in the header of pages 7/8, a date that's not applicable to any of my correspondence and looks like a faxs header?

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[slick132]

Hi Eiggy and your pdf's seem fine.

 

Interesting that the default or penalty chgs referred to in pdf #6 show £12 as the fee. I think they would have been higher in 2004 because the OFT had not then set the ceiling of £12 on penalty chgs.

 

Just a thought but was there any PPI on this a/c that you could also reclaim to reduce the balance.

 

[dx100uk]

yep wrong

 

£12 didn't come in till late 2006

 

dx

[eiggy]

Thanks for the replies, very much appreciated

 

There's no PPI just 15 x £12 first in Nov 09 and the last in Jul 10.

 

I have no clue what I should do next!!!

[eiggy]

Thank you very much who fixed my PDF's, just noticed xx

[eiggy]

If I was to sue BC for the charges would that stop MKDP from chasing the debt? Even if BC didn't buy it back?

[slick132]

If I was to sue BC for the charges would that stop MKDP from chasing the debt? Even if BC didn't buy it back?

 

It should certainly hold MKDP off pending settlement of the issue as this would place the a/c in clear dispute. After any refund is made, I would expect MKDP to resume collection activity.

 

See this thread for guidance, making notes as you go - http://www.consumeractiongroup.co.uk/forum/showthread.php?368541-trancyb-vs-Barclaycard

 

There are also examples of BC **Compound Interest** wins in the Barclays Successes forum - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

Research properly before proceeding with the claim, to make sure you get it right.

 

[eiggy]

Okay, my calculations were wrong. Charges are £216 and compound interest is £420 using 24.9%. The debt is £2,500.

 

I'm worried about CC action so I'm thinking about reclaiming and putting my account into dispute with the DCA in the hope BC will buy it back. Is that wise? Who's the better evil?

 

If I do, will this count as acknowledging the debt and reset the SB clock or have I already done that by making the CCA request?

[slick132]

Hi Eiggy,

 

Experience suggests BC will only buy the debt back from the DCA IF you take court action to recover chgs.

 

If you want the chgs and int't back, you will almost certainly have to take court action.

 

I do not see that you'll reset the SB clock, as long as you DON'T :-

 

1. Acknowledge the debt in writing.

 

2. Agree in writing to a set off of a refund against the alleged debt.

 

An alternative strategy would be to leave the a/c alone and claim back penalty charges as a counterclaim IF the DCA takes court recovery action.

 

[eiggy]

Phone calls have started today, two already. 03332400233. Have goggled it and it came back as MKDP.