MKDP, Barclaycard and CRA

[Topham]

Ok so if at this stage

 

 

I can ask them to go away

 

 

shall I write to them with a template letter from here saying that it's sb!

 

 

The last payment was 6years 2 months ago

 

 

and I've never spoke to them since all this asking for CCA and SAR

 

So again shall I ignore it or tell them it's sb?

[dx100uk]

leave them to rot.

 

 

its current wisdom not to invite unnecessary letter tennis

 

 

dx

[Topham]

Awwww really wish I could just send one letter and that would end it all! All the advice had been great so Far

What would there next move be from here? Another fishing letter or a court letter CCJ thingy which I've read in other subjects happening

[dx100uk]

there is no CCA.

 

 

no point in them doing court.

 

 

dx

[dx100uk]

no mkdp has got to find that and send it to you.

 

 

now go read the link in post 60

 

 

and look in those statements for late/over etc etc fixed sum fees

 

 

dx

 

 

as already explain

 

 

sorry no PM advise allowed as it helps no-one bar you.

 

 

this is a self help site too don't forget.

 

 

like you should be doing

you need to read like threads.

 

 

if we too this off to PM it helps no-one.

 

 

so as above unless/until MKDP provide YOU with an enforceable CCA

no dice. MKDP

 

 

for want of ref

the CCA in the SAR is an APPLICATION FORM not a signed CCA

[Topham]

So the CCA is the Credit card application form, that barclaysbhave provided.

 

I have to wait for this same thing to be provided by MKDP and until then there nothing that can be done about court with that respect.

 

And with regards statue barred debt, according to the limitations act it's 6!years from last payment or from when I admitted in writing to knowing about the debt, and in my case I havbt and its over 6 years, so therefore its frowned upon having MKDP chase me for a debt that is stat barred, but I have to j form them in writing and ask them to stop chasing me just as they can ask for the money.

 

Does that sum it up have I got it right

[slick132]

Hi Topham,

 

Does that sum it up have I got it right

 

No, as said already the debt is not SB'd 6 years from the last payment or last acknowledgement. See my post #87.

 

There's no magic letter to send that will definitely stop a DCA. That's why we are saying continue to ignore them for a while longer.

 

Please re-read the thread and the advice given. Stop fretting and realise that sometimes doing nothing is the right course of action.

 

[Topham]

Ok so how will I know when it is sb properly, how do I work it out

 

I think then I can rest a bit better knowing that's its sb

[Topham]

I'm just worried as well the next letter could be a copy of the CCA and then a court order I'm getting married this year and don't want any hassle

[dx100uk]

bugger all we or you can do to stop that happening

 

we are not crystal ball owners.

 

please stop fretting

 

if you were to read some threads here

rather than posting you same worry since post one over and over and over again...you'd get a perspective ofhow others deal with these things

and that they simply go quiet andwait to see what happens.

 

cant see what you are worried about anyway

 

even if they do court, its easy to bat them away.

 

go read the forum

[Topham]

Ok Ive spent the afternoon reading

 

I was under the impression the signed copy of my credit card application is in actual fact a signed copy of my CCA. Which according to dx in actual fact is just a signed copy of the application form.That's one of my confusions

 

And obvs the second is with the sb date, which I'll just wait a bit longer

[dx100uk]

very few application forms contain everything required for a compliant Consumer Credit Agreement.

 

 

I don't think there is one here for BC at all whereby an application form meets the requirements.

[Topham]

doong some research im assuming seen they lee referring to carey v hsbc does this apply to me this paragraph

 

Carey V HSBC Bank plc [2009] EWHC 3417 (QB) (23 December 2009)

 

"108. Accordingly, I conclude that Reg. 7 requires *a copy of the executed agreement in its original form *as well as a statement of the terms as they are at the time of the request."

[dx100uk]

T&C's must be a copy of the original at the time of inception

and a copy of and T&C that cover any significant changes.

 

 

dx

[Topham]

OK GUYS. JUST RECIEVED THIS OF THEM AT MKDP

 

THE ACCOUNT IS WEKK INTO THE STAT BARRED PERIOD

 

 

 

 

 

HOW DO I PLAY THIS NOW? DO I SEND THEM A STAT BARRED LETTER?

 

THEY HAVE CREDITED THE 1 QUD FOR THE CHEQUE I SENT REGARDS A SAR. THEN WHEN I KICKED OFF THAT THEY ARE NOT ALLOWED TO DO THAT THEY REMOVED IT FROM THE ACCOUNT BUT IT LOOKS LIKE I MADE YMENT WHEN IN FACT I HAVNT

[dx100uk]

£1 is CCA request not sar

 

 

that's simply a statement of account

that they must send under FCA guidelines if they are the owner of the account.

 

 

nothing to worry about I think

the 'payment' can easily be disputed

 

 

dx

[Topham]

Yes must be the cca then

 

and ok happy days

[slick132]

Hi Tops,

 

You can send the SB letter, or simply ignore them, as the debt became SB by Feb 2015.

 

You should make a formal complaint to the FOS about crediting of the a/c with your CCA fee.

 

[Topham]

where would i find a template for a sb letter

[slick132]

Hit the green LIBRARY tab at the top of the thread, select DEBT COLLECTION and it's about 14th on the list of templates.