MKD Rapid Recoveries and Barclaycard

[scottles37]

I would be grateful for some advice concerning the attached.

 

I sent a standard CCA request letter from this site to MKDP who are collecting for a Barclaycard CC

 

I had been paying them in instalments for at least a year,

 

but after advice here, I decided to send a CCA request letter.

 

I have just received the attached response, which is just a blank copy of the T&C's.

 

Please could you tell me how I should proceed.

 

Many thanks

[Bazooka Boo]

When did you take this card out?

 

And where's the rest of it?

 

If that is all they sent you, then sit on your hands.

[slick132]

Hi Scottles,

 

Can you also confirm when you you first defaulted on payments to the a/c.

 

[scottles37]

Hi,

 

 

This account was opened on 30/10/2002 and default date is 1/04/2011. The attached above is all they have sent me.

Thanks

[Bazooka Boo]

Is that default date taken from your credit file?

Do you know exactly when you stopped paying on this?

 

Like I say sit on your hands, they have failed so far.

[slick132]

Hi Scottles,

 

BC have a reputation for failing to list defaults on time, or at all.

 

Hence why we ask when did you first stop making the required payments.

 

[scottles37]

That date is what is on my file.

 

I stopped paying around the middle of 2009.

 

I also have another case like this,

where the default has not been recorded for three years after I stopped paying the credit card (although I did make intermittent payments to a DCA).

 

Is there anything I can do about this,

because it will now be affecting my credit file for longer than it should have done?

 

 

Many thanks

[Bazooka Boo]

You can inform the CRA and place a notice of correction against the default marker.

[scottles37]

Thanks, should a default be applied after 3 months of non payment?

[Bazooka Boo]

Thanks, should a default be applied after 3 months of non payment?

 

It ''used'' to be that defaults could be placed on CRF's up to six months after the actual default date, howver now

they can apply it whenever they choose, within reason.

[slick132]

My understanding is that a DN should be logged with the CRA in a timely manner, say between 2 and 6 months of the missed payments.

 

Failure to do this would prejudice a debtor because the CRA markers would be visible against the debtor for longer than if the markers were placed promptly.

 

However, the whole issue of DN's, CRA markers and ICO guidance continues to cause debate.

 

 

[Bazooka Boo]

However, the whole issue of DN's, CRA markers and ICO guidance continues to cause debate.

 

It does indeed, never get a straight answer from any of them!

[SabreSheep]

over limit and late payment penalties on the account?

[scottles37]

I am sure there were a number of late payment charges etc on this account back in the day. Is it worth sending an SAR to Barclays? Just not sure what to do with this now, as it seems to be in limbo and don't know how to proceed.

[Bazooka Boo]

Absolutely no harm in sending a SAR to reclaim all of their charges, if they're rattling your cage that is.

 

If all has gone quiet then IMO I would let sleeping dogs lie.

[scottles37]

I have recently received this letter attached.

 

Given that they could only supply a blank set of T&C's as seen previously,

do you think I should respond in any way? or just see how it pans out.

 

I have also changed address,

do you think I should tell them of this at least.

 

I am worried court documents may not reach me

and I will end up with a CCJ because I don't respond.

[slick132]

Hi Scottles,

 

You need to ensure you know exactly what MKDP and Keynes Collections are up to so you should give them your new address. Otherwise they could use the old address for court action. If you failed to receive the court papers, they would get a CCJ against you in default.

 

You can write to them briefly saying :-

 

I refer to your letter of xxdate and deny owing the alleged debt.

 

Please note my new address as shown above for correspondence.

 

Send the letter by RM Signed For delivery so you have proof in case they try to sneak a CCJ through using the old address.

 

They're probably making contact now because the alleged debt is close to being Stat Barred.

 

[Bazooka Boo]

Keynes collections, funny that, sounds suspiciously like MKDP??

 

Defo give them your new address as Slick says, then they have absolutely no chance of

sneaking in a judgement by default.

[nunnyrose]

in case you missed it:-

Hoist Finance has acquired Compello Group, they own:-

MKDP LLP

MK RAPID RECOVERIES

KEYNES COLLECTIONS

[scottles37]

Sorry for all the questions, but I am a bit confused by the above.

 

I don't think the debt is close to be stat barred, because I was paying MKDP monthly until quite recently.

 

Does the 6 years count from default date, or last payment date?

 

Once default date is over 6 years ago, is it still possible to get a CCJ?

 

Should I acknowledge the blank T&C's they gave me and change address or just ignore that?

 

They have stated that this fulfils their obligation under the CCA, is that true?

 

Could they still get a CCJ with just a blank T&C sheet??

 

Thanks again.

[Bazooka Boo]

The 6 year clock starts from last payment/confirmation in writing,

 

Once default reaches 6 years it auto falls of your credit file, never to return, and no they cannot get a CCJ once 6 years has lapsed.

 

Inform them of your new address, nothing else.

 

Just send what Slick advised, don't be threatened by their computer generated missive, no-one in MKDP will even have a clue as to where you are in their threat letter cycle.

[scottles37]

Thanks, will do as advised.

[slick132]

Hi Scottles and sorry I caused confusion.

 

In your post #1, you said you had been paying MKDP for a year. So this is a long way from being Stat Barred which is 6 years from the last payment you made.

 

If the Default date goes past 6 years, the debt should vanish from your CRA files.

 

For as long as the debt is NOT Stat Barred, a DCA can take court action but they'd need the credit agreement if the a/c was opened before April 2007.

 

Just send the letter as stated confirming your new address using Signed For delivery.

 

The CCA response with T&C's may satisfy their obligations under s.78 CCA 1978 but that may not be enough for them to succeed in court, depending on the a/c opening date.

 

[scottles37]

I would be very grateful to receive some advice on the following.

 

I received a response to a CCA request back in May and had stopped making payments to the DCA whilst this process was on going.

 

This account seems to have been transferred many times now, but

 

the other day I received what looks like a more threatening letter from Howard Cohen and Co solicitors.

 

I have attached this letter, and the response to the CCA request which was just a copy of the T&C's.

 

I would be grateful if you could advise the best course of action,

 

ie try and defend any potential CCJ or offer a payment plan to try and avoid a court claim.

 

Should I also send off a SAR now?

 

Many thanks

cohen 2016.pdf

[havinastella]

When was the account opened?

 

Last payment?