Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Spamalot

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    1,786

  • Joined

  • Last visited

  • Days Won

    1

 Content Type 

Everything posted by Spamalot

  1. Spamalot
    So I sent a SAR and CCA to Lowell and the Halifax. I am awaiting the result from the Halifax who say it could take until March. Lowell provided me with exactly the same documents as before and completely ignored the CCA request. When I informed them that they had failed to provide what I had requested their response was to issue me a County Court Claim for an account number bearing no resemblance to the paperwork they have in my name. Happy days.......
  2. Spamalot
    Will do, thank you
  3. Spamalot
    Hi all, I'm being threatened with litigation by Lowell solicitors for an old Halifax loan that I defaulted on in 2008. I was paying the Halifax a reduced amount up until 2018 when my circumstances changed and I could no longer afford it and stopped paying. After a time I received an assignment letter from the Halifax saying that they had assigned the loan to Lowell but here's the issue..... the assignment had a completely different account number on it, one of which is never mentioned in any of my paperwork I have completely ignored Lowell and let them run their course. Neither account number is on mycreditfile as the original dropped off years ago. I recently received the pre litigation form which I completed and disputed the account/ alleged debt and requested a copy of the agreement, default notice, assignment and statements for the account number that they have been assigned. I was sent a copy of an application form for the original loan (account number completely different to the one assigned.), a computer screenshot of when a default notice was sent.( account number completely different to one assigned,) and a computer printout of a list of figures with no identification of an account number or customer. not one document they have sent has the assigned account number on. Along with the rubbish they have sent me, they have asked me to contact them with my intentions towards the account. I'm tempted to let them run with it and sue the Halifax for Data protection breaches just for jollies, but I need to be sensible Any suggestions on how I should go forward with this? Thanks.
  4. Spamalot
    Thanks Andy, Not sure how I would find that out.. NOA says 'Assigned and transferred By Barclaysharks to MKDP' and the 'effective owners of the alleged account are now MKDP' Witness Statement from MKDP states, they are debt purchasers and authorised and regulated by FCA. Nowhere does it say all rights and title to alleged debt belong to MKDP. It all gets rather confusing... If they don't own it absolute do they have the right to enforce at court... if they do own it absolute why are Barclaysharks still holding the paperwork?
  5. Spamalot
    .... and there's more... Have just discovered in my abundance of reconstituted agreements sent by MKDP, a covering letter from Barclaycard to MKDP.... methinks I shouldn't have seen this... ... it was sent in March of this year and states... please find enclosed documentation under s78 of the CCA1974 for our mutual client as requested. a) how am I a mutual client if the one and only account I am supposed to have with them has been 'assigned' in its entirety to MKDP since 2011 b) why are Barclaysharks supplying reconstituted agreements of accounts they no longer own? Also on this particular copy, Barclaysharks have stated my 'current balance' as the figure stated on the County Court Claim form.... how would they have that information if they didn't still have a mucky finger in the pie? The plot gets thicker! My question is.... how do I raise this matter at court? Can I just include this particular copy of the recon agreement in my exhibits, and raise the point as an afterthought, or must I point it out in my witness statement? I ask because I have already emailed my WS to MKDP and would need to send an amendment, but I will be hand delivering the one to court tomorrow so have the opportunity to add the info. Thanks Spam.
  6. Spamalot
    That' s priceless Andy! Thank you :-D
  7. Spamalot
    Congratulations! I have the pleasure of fighting a similar battle with MKDP in a few weeks time, I hope my DJ proves to be as knowledgeable as yours. Well done, Spam
  8. Spamalot
    Just tidying up my Witness statement exhibits when I noted that the signature on my copy of the alleged NOA from Barclaysharks and the signature on the copy of the NOA sent by MKDP are completely different and therefore obviously been 'invented' by them. Not sure whether to admit receipt of NOA and point out the attempted fraud, or go with not having received one... either way the NOA should be flung out because there's no proof that Barclaysharks were assigned the alleged agreement from MSDW in the first place and the amount includes unlawful charges so is therefore inaccurate .....just wondering which one will be the most damning.
  9. Spamalot
    Thanks Andy. Amazingly I have received a reply to my part 18 request! They are obviously as daft as I am They have basically answered every question with 'don't know, ask Barclaycard' apart from:  'How was the figure on the Notice of assignment calculated' Where the reply was, 'The claimant submits that the balance would be the balance on the account when Barclaycard closed the account. In the event there is a discrepancy between what the Defendant believes the figure to be, this may be due to the fact that interest and charges have been applied to the account, which Barclaycard are able to do under the terms and conditions of the credit agreement.' Also, they say that the defendant was 'given' notice of the assignment in compliance with s136(1) LPA 1925 rather than 'served' it so the provisions of s96 LPA 1925 for service by registered post do not apply. Slippery little beggars... Now I have all this 'helpful information', I'll start preparing my witness statement....
  10. Spamalot
    Silly Question time.... If the POC states that the original Lender was Barclaycard and they are now saying that the original lender was MSDW, do they have to apply to vary the POC?
  11. Spamalot
    There's nothing extra.... it"s just Day date time place of hearing, they say it should take no longer than 90 mins. Date given for delivery of docs to all parties and payment of fees. Original Docs to be brought to hearing. That's it. No other directions. Very short and sweet.
  12. Spamalot
    Not sure to be honest! I put in a holding defence online at MCOL which was as follows... (probably one of yours Andy ) Defence In response to the particulars of claim. 1. It is denied that there is a ‘…regulated agreement originally between the Defendant and Barclaycard and it is denied that any monies are due as alleged by the claimant MKDP LLP. 2. It is denied that a legal notice of assignment has been served and the claimant is put to strict proof thereof. 3. It is further denied that any default notice has been served by either Barclaycard or the Claimant pursuant to the Consumer Credit Act 1974 and in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 and the claimant is put to strict proof thereof. 4. It is denied that the claimant has complied with the pre action conduct practice direction in the following matters:- a) Failure to send a letter before action, and b) Failure to provide legal documentation to support their claim. Documents have been requested under CPR 31.14 for production of the alleged agreement, default notice and assignment. Requests were made on 14th and 16th December 2014, but as yet they have not been produced. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for © show evidence of Annual Statements and Notices of Sums in Arrears since the alleged assignment; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. As the Claimant is an alleged assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer credit Act 1974. I respectfully request that I may amend and particularise my defence accordingly once the alleged legal documentation has been received. It is my intention to make a counterclaim against the claimant MKDP LLP. This was as an exact response to the PoC. My counterclaim was : MKDP LLP have been unlawfully sharing inaccurate personal details with third Parties and credit reference agencies,(Contrary to Data Protection Act 1998) causing me difficulties in obtaining credit, a regular bank account and employment. MKDP LLP have persistently harassed me by telephone and post despite being informed that the alleged account was disputed, and them being unable to provide legal documentation proving otherwise. Having formally complained to MKDP LLP about their harassment and unlawful use of my personal data I received a final response from them informing me that they disagreed with my comments and I could take my complaint to the Financial Ombudsman Service. Having advised them that it was my intention to do as much I was issued with a County Court claim preventing me from doing so and thereby also preventing me from resolving this dispute outside of the courts and causing me more distress. Well why not? I've done the DQ and the case has been allocated to Small Claims with witness statements and docs to be exchanged by end of next month and fees paid. Original Docs are to be brought to the hearing. Their reply to my defence and covering letters to the CPR 31.14 response have opened up avenues that need exploring. Particularly the bit about the alleged agreement being assigned to Barclaycard by MSDW as I have proof that it was not. I can honestly say hand on heart that I never received an assignment to Barclaycard and I was also never issued a Barclaycard so I wanted them to hang themselves.
  13. Spamalot
    Have already done that with MKDP, and also Barclaycard previously thanks Andy... neither threw up any assignments etc. and I'm pretty sure that what I'm asking for doesn't exist. May have to hope the DJ requests the info at the hearing In June. Should be able to cast enough doubt on their 'legal ownership' and the amount claimed in my witness statement. Fingers crossed!
  14. Spamalot
    ah.. right... Cheers Andy. Is there any other way I can get this information?
  15. Spamalot
    Have today sent off a Part 18 request to ruffle their feathers a bit more. PART 18 - REQUEST FOR FURTHER INFORMATION To: MKDP LLP (claimant) Please answer the following questions: 1. On what date was the alleged agreement assigned from MSDW to Barclaycard? 2. What was the amount assigned? 3. Does the amount assigned include charges? If so how much? 4. Was a notice of assignment sent? If so, where to and how? ( e.g. Royal Mail first class, special delivery/ recorded delivery) 5. On what date did Barclaycard issue a card and where did they send it? 5. Does the amount claimed include charges, and if so what amount? 6. When was the alleged account terminated? 7. How was the figure on the Notice of Assignment from Barclaycard to MKDP LLP calculated? 8. How was the Notice of Assignment from Barclaycard delivered? TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 7 DAYS OF SERVICE OF THE SAME UPON YOU It may not produce much, but you've got to make them earn their keep and see if they'll hang themselves. Hey to the ho.
  16. Spamalot
    Further to the above.... MKDP have stated that they don"t have a copy of the original agreement and that they don"t need it for court, and that if I want a copy of the assignment between MSDW and Barclaycard I need to ask Barclaycard for it as it has nothing to do with them. Their responses seem a bit baffling to me.
  17. Spamalot
    They have sent pages and pages of Morgan Stanley terms and conditions which states it is a copy of the agreement, and another A4 sheet with my name and address on top and a text box about my right to cancel underneath. I am not able to upload any pictures/scans from my laptop at this stage, but it is general run of the mill T&C's. Nothing outstanding. I have again requested a copy of the original signed properly executed agreement Under CPR 31.14, quoting point 4 of the summary of findings Carey V HSBC, and also copies of the alleged assignment from MSDW to Barclaycard, as they have now decided that Barclaycard were not the original creditor and that MSDW was. They have offered to discuss a settlement figure out of court, but I have politely told them to take a running jump.
  18. Spamalot
    Many thanks for that SabreSheep.. It has saved me a massive amount of head scratching...
  19. Spamalot
    Thanks for the reply Oleg. MKDP have recently admitted that they will be relying on a reconstituted agreement at the hearing in a couple of months. I understand from reading CAG that as the alleged agreement pre dates 2007... apparently it was 1998/1999, then they must produce the signed agreement in order to enforce it at court. Is this correct? I f so where would I find the legislation for this. Many thanks
  20. Spamalot
    No worries dx s78 request sent today, also acknowledgement received from MKDP re CPR 31.14 request, advising me they will be requesting stuff from the original creditor so 'may be some time' Can anyone advise me with regards to the assignments from MSDW to Goldfish Bank to Barclaycard etc. Is it my responsibility to request copies of these alleged assignments or is it up to MKDP to prove that the paper trail is in order? Also, Barclaycard changed the account number from the original one given by MSDW... should I be requesting anything for that? Many thanks for input so far, Spam
  21. Spamalot
    Since the thread merge, this could get difficult to follow! To clarify... In 1998 I had a Goldfish card issued by HFC... Eventually Barclaycard got hold of it and the fun began. Nothing seems to have come of that one and I believe it will be statute barred as of 2015 In 1999, I had an MSDW card, Goldfish bank took over it, then somehow Barclaycard got their finger in that pie too and more fun ensued. The claim from MKDP is for the MSDW/Goldfish/ Barclaycard account and NOT the Goldfish/HFC/Barclaycard account...
  22. Spamalot
    Cheers, I do have a debit card, I'm just not allowed a current account with a cheque book... which makes life difficult on one occasion... this one. C'est la vie.
  23. Spamalot
    Ok, thanks.
  24. Spamalot
    No I haven't... due to the defaults on my credit file I have been unable to get a 'bank account' so can't send a cheque.. Also since moving I haven't managed to find a fully fledged Post office to get a postal order..
  25. Spamalot
    Hi all, Here we go again.... hopefully for the final time. Name of the Claimant ? MKDP Date of issue – 10.12.2014 What is the claim for: The claimant claims the sum of £4,*** being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard. The defendants account number was **** **** **** **** and was assigned to the claimant on **/**/2011. Notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974. The claimant claims the sum of £4,*** and costs. The claimant has complied,as far as is necessary with the pre action conduct practice direction. What is the value of the claim? £4,*** Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Debt Purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure, have received a copy since I requested one after their first threat of action. Did you receive a Default Notice from the original creditor? No, I received one from Mercers which was not in prescribed form and didn't contain Barclaycards Name and address. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? The account was in dispute with Barclaycard since 2009. What was the date of your last payment? Token payment around February 2010... to be confirmed Was there a dispute with the original creditor that remains unresolved? The Original creditor was MSDW, who allegedly assigned the account to Goldfish Bank who one day turned into Barclaycard.. Don't recall notification of this Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes... with MSDW AOS was sent on 12.12.2014. Believing that MKDP were gearing up to litigate, and I was moving home I advised them of this on 21.11.2014 and gave them my email address in order for them to communicate with me. On 25th 11.2014, they sent their Letter before action to my previous address. I eventually received it after re-direction and also after the claim form, which miraculously arrived at my new address. I believe they have done this purposefully because I was about to take my complaint of harassment and unlawfully updating my credit file to the Financial Ombudsman.... or am I just being paranoid.. CPR31.14 request sent via email on 14.12.2014 due to Christmas post... requested an acknowledgement email... they didn't send one. I requested another one by snail mail on 16.12.2014. Previous requests under CPR 31.14 have after 18 months yielded the Mercers default, a re-constituted credit agreement and the Barclaycard 'Notice of assignment' to MKDP.. .. but was it Barclycards 'legal property' to assign in the first place? That was never established. Here endeth the first posting...

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...