hawkead's UE diary

[MrsD]

Re: hawkead's UE diary

that's fine, just wait until they come back to you (it can take a while...........................................)

[SA Gold]

Re: hawkead's UE diary

The constant calls are a bit of a nuisance 6.45pm last night and again 8.45am this morning

Hi Hawkhead,

If anything like my alleged account () with Barclaycard - these calls will eventually drop off. The buttons with your phone number on will soon wear out on their handsets so they move on to another poor soul.

Chin up - AAD will help you fend off these maggots

[hawkhead]

Re: hawkead's UE diary

A short update:

Received a letter today from MKDP - the pertinent line reads: "At this time, we must apologise, we are unable to resolve your query"

This is now ~60 days since the request was sent (Signed for and delivered)

[Enforcer]

Re: hawkead's UE diary

An update

Have amended the OP with some better dates e.g. Date credit card started: June 2001

Have also received a letter from MKDP this morning (in response to CCA request) and I quote:

"Unfortunately, at this time we are unable to resolve your query. MKDP LLP take great careto ensure that such matters are dealt with in a professional manner and as such we will be conducting a thorough review which may include liaising with your original creditor.

Once we we have completed our review we will be in contact with you regarding the resolution to your query."

Just had the same letter! Barclaycard sold mine to them whilst in dispute with Ombudsman over missing prescribed terms.

[nightwatch]

Re: hawkead's UE diary

A short update:

Received a letter today from MKDP - the pertinent line reads: "At this time, we must apologise, we are unable to resolve your query"

This is now ~60 days since the request was sent (Signed for and delivered)

You may be lucky and they can't find it! but they wont want to tell you that, so you will get letters just saying the same thing over and over, just file away and wait for the next.
I had a loan with Barclaycard was making reduced payments, then they stopped cashing the POs ages later a DCA writes to say they want full payment, sent of a CCA request and had a letter straight back saying they had referred it back to Barcs, not heared a peep for 2+ years now,

[Enforcer]

Re: hawkead's UE diary

Agree, I have had over 2 years of, we "consider" your account to be enforceable, and the prescribed terms "would" have been on the reverse. Hopefully I will have an answer soon!

[hawkhead]

Re: hawkead's UE diary

Received a letter from MKDP this morning concerning a "Reconstituted credit agreement" and that agreement from Barclaycard

I have uploaded it via the form on this site for checking

[SaltnVinegar]

Re: hawkead's UE diary

Hi there

All quiet on the western front? Any news?

Best
SnV

[hawkhead]

Re: hawkead's UE diary

Just a quick update - it's been relatively quiet

The odd letter from Robinson Way encouraging contact and a reduced balance offer of 33%

I could now afford to "settle" it for hundreds - is it worth doing that ?

[Enforcer]

Re: hawkead's UE diary

I certainly would not offer to pay them anything, they followed the same pattern with me, in the end they agreed that it was UE and closed the case!

[Joanna Connolly Solicitors]

Re: hawkead's UE diary

MORGAN STANLEY/Barclaycard

Date commenced - June 2001

Approx balance - £12,100

Date last paid - October 2011 (last full payment)

arrangement or not paying - not paying

Status - default in June 2012

Account owner - MKDP LLP

HISTORY

JUNE 2012 - Assignment letter from Barclaycard transferring to Link Financial Outsourcing heard nothing subsequently

JUNE 2013 - Assignment letter from Barclaycard and MKDP and several follow up letters asking to make a payment
JULY 2013 - CCA request letter sent
AUGUST 2013 - Reply from MKDP "we are unable to resolve your query"
9TH SEPTEMBER 2013 - Reply from MKDP "At this time, we must apologise, we are unable to resolve your query"

24TH SEPTEMBER 2014 - Reply from MKDP Letter containing "Reconstituted credit agreement"

Since you last updated your diary (2014) this debt would have been assigned from MKDP to Hoist (based in Jersey) with Robinson Way as their DCA (based in England).

Does that latest letter mention Howard Cohen solicitors or any threat of legal proceedings? Probably not but I thought I better check since it's a £12k debt.

When was your last payment?

I can see your last contractual payment was October 2011, but I can also see you negotiated a £25 per month payment in December 2011 so when did that stop? I can see you were defaulted in June 2012 but Barclaycard are notoriously slow to default accounts but it may be relevant when trying to establish the Statute Barred date.

If you're heading towards SB that can sometimes flag up with a creditor who starts to chase again after a period of relative quiet (in order to beat the SB clock).

A reconstituted credit agreement can sometimes be acceptable to the court if it's 'honest and accurate' and I can see in post # 22 that you sent your recon for checking - was it deemed unenforceable? If it was a Morgan Stanley Dean Witter (before Barclaycard) it probably would be

I see no reason for you to pay them anything at this stage but keep that letter safe along with all the others. Is there a deadline for accepting their 'offer' and is the letter headed Without Prejudice?

Di

[hawkhead]

Well don't you just hate it when posts are left with no conclusion!

I have dug out my old bank statements and the last payment was 10th May 2012 (I checked the 3 later months)

So thank you to all that helped

A donation is on it's way

[Joanna Connolly Solicitors]

I have dug out my old bank statements and the last payment was 10th May 2012 (I checked the 3 later months)

I bet you're glad you checked

If the last payment was May 2012 that suggests the debt became Statute Barred last month assuming it had already been defaulted by that date.

Can you confirm that it was (defaulted before May 2012) because Barclaycard were notorious for late defaulting of accounts where they had set up a ATP (Arrangement To Pay).

Reading back through your thread I see that the debt appears to have been assigned/sold a few times (from Morgan Stanley Dean Witter to Barclaycard to Link to MKDP and finally to Hoist Portfolio) so they would need to prove the whole assignment chain which may cause them a headache if they were to attempt court proceedings.

Added to that you say the response to your s77-79 CCA Request was a reconstituted agreement (did you ever ask Niddy to give you an opinion on whether it was unenforceable?).

Di