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MKRR and HSBC


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Hi

 

I received a call this morning from a company called MKRR asking about payment on an HSBC account.

 

Never having had one suspicions were raised.

 

I asked her what the debt was (credit card)

how much (£1605.73)

when it defaulted (14 January 2008)

if that meant statute barred

- no as payment of £30 was made in 2009

 

As I told her I had no knowledge of this debt

I asked for proof of debt to be sent out

- default notice and proof of last payment.

 

She said the notice of assisgnment was proof of the debt

but I wouldn't accept that as any company could send me a letter saying money is owed

but that doesn't proove that said debt actually exists.

 

She was also unable to give me proof of when/how last payment was made as it wasn't made to MKRR.

 

The call ended with her saying statements will be posted out to me.

 

Later on today the postman comes with a letter from MK Rapid Recoveries dated 11 February saying:

 

"Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment"

 

Does this company just buy statute barred/near-barred debts?

 

And am I right in believing that a notice of assignment is all the proof they need of a debt existing being a pile of poo?

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stay off that phone!

 

never discuss debts on the phone

least of all with a fleecing dca

 

they are NOT BAILIFFS

 

and have

NO SUCH BAILIFF POWERS

 

send them a CCA request

 

and check your Credit report file.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Were " security questions" asked prior to the caller divulging details of the alleged debt?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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She said the notice of assisgnment was proof of the debt

but I wouldn't accept that as any company could send me a letter saying money is owed

but that doesn't proove that said debt actually exists.

 

it may prove that a debt exists, however, I am certain that it does not prove that it is your debt.

HTH (Hope This Helps) RDM2006

 

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  • 7 months later...

Hello again

 

Big delay in this as i have just received in the post this morning a big pack from MKDP about this HSBC credit card.

 

The letter from MKDP considers this a final response to my concerns. Inside is what they consider to be a "list of payments made in recoveries" and "reconstituted copy of credit card agreement." Intriguingly, the credit card application has an old address of mine hand written into it where it says "signature".

 

I have checked my credit file and this debt does not show. Presumably because it defaulted so long ago.

 

So I was thinking of asking MKDP for proof of that payment made just over five years ago and stringing this thing out to August next year. I am nervous about doing that, though, as they could easily start CCJ proceedings before the end of the six years.

 

Also thinking about asking HSBC to refund any charges.

 

I don't have a scanner so I have attached JPegs of what they sent me.

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Hello again

 

Big delay in this as i have just received in the post this morning a big pack from MKDP about this HSBC credit card.

 

The letter from MKDP considers this a final response to my concerns. Inside is what they consider to be a "list of payments made in recoveries" and "reconstituted copy of credit card agreement." Intriguingly, the credit card application has an old address of mine hand written into it where it says "signature".

 

I have checked my credit file and this debt does not show. Presumably because it defaulted so long ago.

 

So I was thinking of asking MKDP for proof of that payment made just over five years ago and stringing this thing out to August next year. I am nervous about doing that, though, as they could easily start CCJ proceedings before the end of the six years.

 

Also thinking about asking HSBC to refund any charges.

 

I don't have a scanner so I have attached JPegs of what they sent me.

 

 

Is the old address the one current when you opened the account?

 

 

A recon agreement must have:

 

 

Your name and address as at the inception of the account.

The Creditors name and address at inception.

The Ts & Cs at inception and closure of the account.

Any documents mentioned in the Ts & Cs.

Any material changes/amendments to the the Ts & Cs during the life of the agreement.

A current (not historic) statement of the account.

The recon fails I think.

 

 

When was the last payment or written acknowledgment of the debt?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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you'll need to PDF those

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

The last payment according to them was via a collection agency of £10 on 12 August 2009. When I actually last paid HSBC I have no idea.

 

The list of things in the pack is:

 

Application Form

Credit Card Agreement Terms - Original

Credit Card Agreement - Notice of Variation

Credit Card Agreement - Current Terms

 

The old address which was written on the application form was indeed my address at the time.

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Hi

 

The last payment according to them was via a collection agency of £10 on 12 August 2009. When I actually last paid HSBC I have no idea.

 

The list of things in the pack is:

 

Application Form

Credit Card Agreement Terms - Original

Credit Card Agreement - Notice of Variation

Credit Card Agreement - Current Terms

 

The old address which was written on the application form was indeed my address at

 

 

the time.

 

 

Ok the recon seems to be compliant.

 

 

It would be helpful to know the actual default date as it has been know for this DCA to change default dates to the date they acquire a debt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I can't read the docs on my tablet unfortunately.

 

Can you remember taking out a HSBC credit card and if so when and what were the circumstances of the default.

 

Hi

 

I can remember taking the card out. This would be around 2005/6. Around this time I was high as a kite. I was diagnosed with rapid-cycling manic depression and was on a course of Olanzapine and Lithium so a lot of things I did back then I cannot quite remember.

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OK, was ownership transferred from the original creditor HSBC or someone else?

 

Hi

 

I can remember taking the card out. This would be around 2005/6. Around this time I was high as a kite. I was diagnosed with rapid-cycling manic depression and was on a course of Olanzapine and Lithium so a lot of things I did back then I cannot quite remember.

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The letter from MKRR mentions their recent letter with regards transfer of ownership. This is referring to the notice of assignment which will say from where ownership was transferred from. Did you not receive this letter?

 

I may have done but thrown it away. Should I ask for a copy of notice of default and notice of assignment?

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OK I think you need to write to MKRR and say you have no knowledge of receiving a notice of assignment or making a payment in 2009 and see what they come up with, we can then take it from there. Keep your letter simple and don't admit liability.

 

Also stay of the phone to them keep everything in writing.

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