MKDP Barclaycard debt - used CCA £1 for payment?Pulling a Fast One......

[Guest Porkwellington]

Hello....

 

I think I''m being duped and am hoping you can advise on the following please.......

 

Back on March 26th last year I CCAd MKDP regarding an outstanding debt on my credit file...

 

Since then they have regularly written to say that they don't have the information and are liaising with the original creditor...

 

Today I received a letter headed

"Statement in relation to the below agreement governed by the consumer credit act 1974".

 

 

It lays out details of the debt under query with the addition of a transaction made on the 28/2/2014 of £1

- plus another transaction on 2/4/2014 entitled "miscellaneous charge" of £1.

 

That £1 can only be the fee related to the CCA letter.

 

Are they effectively trying to prove a tacit agreement and re-activate the account

- if so what steps should I take next?

 

 

My initial reaction was to send a letter pointing out their "mistake" but then decided to council your opinion first.

 

I've attached their letter and my CCA letter to make things a bit clearer... - which appear to have dropped off so added in later post...

 

Kind regards and thanks -

 

 

Andy

Edited January 19, 2015 by Porkwellington
atts rotated and shrunk - dx They seem to have dropped off - re added in later pos

[dx100uk]

looks like it

 

 

but if they've no CCA they are stuffed anyway.

 

 

I'd be complaining about that

 

 

even if they took it backout again

as they appear to have done

it will have reset the SB date

[SabreSheep]

You *MUST* issue a formal complaint that they have misappropriated your £1 for the CCA and applied it to the account.

 

 

You want that reversed immediatly and expunged form your transaction history.

 

Send a letter to their CEO recorded delivery. Keep proof of posting AND delivery.

 

Once you go through the procedure, refer to FCA and FOS

 

Reason being is that payment COULD be use din future to change the date the debt goes statute barred!!

[Guest Porkwellington]

Thankyou for the replies and much appreciated....

 

In trying to gauge the tone of the missive I send back;

 

 

dx response was quite laid back

 

 

whereas the Sabre was certainly rattling and sounded pretty much affronted by the whole thing; going in really hard.... is it that bad?

 

My main concern was it's design to be a tacit acceptance of the agreement

- re payment thereof

- as well as the SB.

.. Though it isn't really asking for anything at all

- just a statement...

 

I've rotated, compressed and re attached the offending statement as it dropped off the first post altogether....

 

 

[ATTACH=CONFIG]55473[/ATTACH][ATTACH=CONFIG]55474[/ATTACH]

[dx100uk]

don't think its worth complaining?

 

 

the only thing it might do is reset the SB date

 

 

but that can be brought up in court IF it ever gets that far.

 

 

ask them the question or give the FOS a ring?

 

 

does this reset the SB date?

 

 

dx

[slick132]

Hi Porky,

 

Perhaps adopt a halfway approach, between DX's and SS's suggestions.

 

Simply reply to MKDP saying you are very concerned that payment made for a CCA request appears to have been credited to the account. Tell them you require such credits to be reversed immediately. But, before you do that ............

 

What level of debt are you dealing with here.

 

Is the a/c close to being SB'd.

 

[Guest Porkwellington]

Thanks again for your response folks...

 

Slick; with regard to your specific questions... The sb date is july next year... The amount is between 5 and 10 k... Does that put a different Complexion on my reply?

 

Kind regards..... Andy

[fletch70]

Are you saying that there is a credit AND a debit for £1 so in effect they have credited it to your account and then reversed it?

This happened to me with another company however they did write to me saying that they had mistakenly credited my account and had reversed it (enough to keep a court happy)

Just make sure you keep all correspondence .

 

With a few minor exceptions I am a great believer in trying the reasonable approach first and if this does not get you anywhere make it a formal complaint followed by a FOS complaint. This in general puts you in a much better place that going in all guns blazing . Please remember that any communication must not accept liability for the debt so words like "the above account" as opposed to my account should be used.

 

The SB date in July 16? please be certain about that as SB is still a moot point to some. MKDP are, from what I hear a little trigger happy where litigation is concerned so ducks in a row is called for.

[Guest Porkwellington]

Hi Fletch

 

I sent the cca off on 26/3.... Today's letter had an account summary... First ive had... Which details 2 transactions;

28/3 cheque received - £1

2/4 miscellaneous charge £1

Implying activity on the account... I've included a copy of the paperwork a couple of posts back...

 

Thanks for your interest and what do you think... Is this fairly common practice? How would it look in court?

[Guest Porkwellington]

Hi Fletch

 

I sent the cca off on 26/3.... Today's letter had an account summary... First ive had... Which details 2 transactions;

28/3 cheque received - £1

2/4 miscellaneous charge £1

Implying activity on the account... I've included a copy of the paperwork a couple of posts back...

 

Thanks for your interest and what do you think... Is this fairly common practice? How would it look in court?

[fletch70]

I think it shows that they credited the £1 in error but a letter of admission wouldn't go amiss. I would still write telling them that you CCA'd AG and did not get a reply

 

Have a read of http://fshandbook.info/FS/html/handbook/CONC/13/1

I think that explains it

 

Yes from what I hear it is fairly common practise , incompetence or deceit , I could not possibly comment .

 

Activity as such doesn't really matter , it is a payment or acknowledgement that does so you can suggest (better if you can prove) that they made a mistake and applied you CCA fee to the accouint

[Guest Porkwellington]

Thankyou for all your advice - will have a read, write and let you know what the outcome is....

 

It could be a genuine mistake - rather inept - retrofitting the reason for the transaction "miscellaneous charges" around the transaction "cheque received" without issuing a statement/invoice seems a rather odd way to cover it up.... Surely they must know how to handle a CCA payment by now!

[fletch70]

Often it's left hand not knowing what the right hand is doing. It is bad though that they don't issue a correction letter

[slick132]

Hi Porky,

 

As this is a way off from being SB'd, I agree with the action suggested by Fletch in post #8 above.

 

Address the issue of the £1 incorrectly credited for now.