MKRR - What do we know about them?

[charitynjw]

Re: MKRR - What do we know about them?

Hello again and thank you very much for the information.

I will send a CAA request as advised but just a little confused regarding the extra paragraph. Should this be included in my initial letter that I will be sending to Keynes Collections? I'm sorry if that's a silly question?

CCA

CAA is http://www.caa.co.uk/homepage.aspx?catid=752

[Kinlairdus]

Re: MKRR - What do we know about them?

Sorry CCA!.....I said I was a little confused :tinysmile_hmm_t2:

Should I just copy from the post #55 bit (A template letter can be found here http://www.legalbeagles.info/forums/...ing-with-DCA-s post #4) or should I also add #58 post (there's a version of the letter that has an extra paragraph, in case the DCA claims not to be the creditor?

Regards,
Kin

[CleverClogs]

Re: MKRR - What do we know about them?

To begin with, if it were me, I would send them a s77-79 CCA request for info.

It will cost you £1.00, & you are strongly advised to get proof of postage.

Send a Postal Order rather than a cheque and sign the letter with a handwriting font (such as JohnLennon - link) in a larger point size and blue ink. Creditors have been known to copy and paste genuine signatures into reconstructed documents.

[Kinlairdus]

Re: MKRR - What do we know about them?

Hello,

I have my giro today so I can now get the postal order and pay for special delivery, I have printed out a letter requesting the CCA and will be sending it to MKDP LLP. I did say I was going to send it to Keynes Collections but they have been instructed by MKDP to collect the outstanding balance and are not claiming to own the balance. Many thanks for my replies and advice and I will keep you posted as to what happens next. Oh and sorry if I seem to have taken this thread over :okay:, Best Regards!

[ODC]

Re: MKRR - What do we know about them?

Keynes MKRR MKDP and Raving recoveries are all the one sow's pigs. Same company

[stellalad]

Re: MKRR - What do we know about them?

I'd the misfortune to hear from MKDP chasing me up for a near £8k for a car that was supposed to be collected when I VT'd my Welcome finance HP agreement on meeting the min repayment obligations as per the terms and conditions back in 2008. I had various discussions with Welcome each time telling me they would make arrangements to collect the car then at the end of each call the cheeky twats would ask if I could make a min payment so I wouldn't default!

After a while I heard nothing until the beginning of 2012 I heard from MKDP telling me if I did not make payment of £8k they would pursue legal action. I sent them an email back with scans of my agreement highlighting the T&Cs saying I had met my min agreement and made arrangements my end to VT and requests was not forthcoming from Welcome. I was told they would go back to Welcome to clarify this and heard nothing for about a year, by then the car had been sat in my driveway for nearly 4 years having put in the request to VT!!! :o

From Feb this year I start to receive these generic monthly letters from MKDP telling me they are looking into matters etc, so I sent one in return saying seeing as it had been 5 years since the last payment(6 years in England) it was statute barred and to pursue me further would constitute harassment under the OFT regs. I received a letter back from them informing me the matter is now closed and they will no longer pursue me

Here is a copy of a statute barred letter should anyone have similar issues with companies such as these, just cut and past and edit to your situation.

Your street and house number
Your town
Your postcode
Date

Address details of company




‘Without Prejudice’


Dear Sir/Madam

Account No:

In respect of the above account, your company have contacted me/us which you claim is owed by myself/ourselves.
It is my/our understanding that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:
(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;
then as from the expiration of that period the obligation shall be extinguished...”

It is also my understanding that the Office of Fair Trading (OFT) guidance for Debt Collection Companies for statute barred states that:
“It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last written acknowledgment/payment of this debt was made over five years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Part 1 Section 6 of the above Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that:

“continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment”.

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

[FlamingParrot]

Re: MKRR - What do we know about them?

Thanks for posting the letter above. It should be noted that this letter refers specifically to Scotland, debtors in England and Wales should use a modified version and the limitation period is 6 years down here.

[Kinlairdus]

Re: MKRR - What do we know about them?

Hello everybody, I received a letter from MKDP today regarding my CCA request! It only took 5 weeks to reply to me(so much for the 14days)
Its goes like this,

Further to your recent request for documents relating to the outstanding balance stated.

Unfortunately, at this time we are unable to fulfil your request. MKDP LLP takes great care to ensure that such matters are dealt with in a professional matter and as such we will be liaising with your Original Creditor to request the required documents you have requested.

We will contact you as soon as we receive the documents you have requested.

[charitynjw]

Re: MKRR - What do we know about them?

Hi Kinlairdus,

The ball is in their court now - unless & until they comply with the request, they cannot proceed with chasing the alleged debt.

[FlamingParrot]

Re: MKRR - What do we know about them?

Hello everybody, I received a letter from MKDP today regarding my CCA request! It only took 5 weeks to reply to me(so much for the 14days)
Its goes like this,

Further to your recent request for documents relating to the outstanding balance stated.

Unfortunately, at this time we are unable to fulfil your request. MKDP LLP takes great care to ensure that such matters are dealt with in a professional matter and as such we will be liaising with your Original Creditor to request the required documents you have requested.

We will contact you as soon as we receive the documents you have requested.

That is a standard DCA response to a CCA request, 99% of the time they wouldn't be able to respond within 14 days because they would have bought the account without any paperwork and would have to go back to the original lender to obtain the documents. :typing:

As long as they are in default of your request, the account is unenforceable. :bounce: In many cases, when accounts have been sold, the original lenders are not able to supply documents either. :thumb:

[loandodger]

Re: MKRR - What do we know about them?

If anyone has had a Tradepro Card and is having problems with MKDP LLP then have a very careful read in their terms and conditions. It is a poorly written document and they are in fact not a party to their own contract. They have county courted me twice, once in Tradepro and another in MKDP, the first one would have been assigned to MKDP when they changed the name of Tradepro Card Services Limited. I defended both and they have now been stayed for over a year in the most recent one and about 4 years for the initial one. These people havent a clue, so my advice is, if you have a sole trader account with them, read the doc word for word, it dosent make sense. Good authorities on this are Wilson v First County Trust. Unenforceable agreements. http://en.wikipedia.org/wiki/Wilson_...rust_Ltd_(No_2)

[Charcat]

Re: MKRR - What do we know about them?

Hello,First off appologies if this is in the wrong thread, this is my first post and I am looking for some advice on dealing with MKRR/Raven Recoveries. I have been getting phone calls and text messages from these companies for debt which isn't mine. How can I inform them that the debt isn't mine without giving them my details to confirm this fact? They have told me in the text messages who they are looking for and I can only presume that this was the previous owner of my phone number as these calls only started coming after I had to change my number.Any advice is welcomed at this point, I have never received anything in writing from this company as I can only presume that the address they have for the debt is not the one now associated with the phone number.Many thanks in advance.Charcat

[CleverClogs]

Re: MKRR - What do we know about them?

If they do not have your address, they will find it difficult to sue you - or to sue anyone!

Register with the Telephone Preference Service (link) and, when the calls persist, report them.

[Nikerboker]

Re: MKRR - What do we know about them?

Hi there! I wondered if they ever contacted you again since you sent the letter requesting documents? I now have this company badgering me too.

Hello everybody, I received a letter from MKDP today regarding my CCA request! It only took 5 weeks to reply to me(so much for the 14days)
Its goes like this,

Further to your recent request for documents relating to the outstanding balance stated.

Unfortunately, at this time we are unable to fulfil your request. MKDP LLP takes great care to ensure that such matters are dealt with in a professional matter and as such we will be liaising with your Original Creditor to request the required documents you have requested.

We will contact you as soon as we receive the documents you have requested.

[Kinlairdus]

Re: MKRR - What do we know about them?

Hello everybody,

Well its been a long time since I have received any correspondence from our friends MKDP apart from the usual monthly 'we are unable to fulfill your request' regarding the CCA request that I sent 25th July 2013.

That is until a few days ago when the following letter came through the post (I have tried to upload my scan but its not working so Ive had to type it)

19/08/2014

Account Ref
Original Account
Original Creditor
Balance Outstanding

Dear Mr

I write further to your recent correspondence in regards to the outstanding balance on your account.Please accept this letter as a Final Response to your concerns.

The information we must provide you under the terms of Section 78 of the Consumer Credit Act 1974 is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

A statement of account below:

The current credit on your account is £0.00
The current balance on your account is £******

Due to the current status of your account, the full outstanding balance is now due.

We are currently unable to provide a copy of the credit agreement. We accept that we are therefore prevented from enforcing the agreement with you while this state of affairs continues.

Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account.

We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies and requesting payment from you. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC 2386 in which it was held that none of these steps constituted 'enforcement' for this purpose.

This completes our obligation under Section 78 of the Act.

We therefore request you contact us on 03303001004 to discuss you account

On this occasion we have been unable to uphold your claim; should you remain unhappy with our response, you do have the right to refer your concern to the Financial Ombudsman Service. This must be done within six months of the date of this letter and I have enclosed a leaflet which explains how to do this.

Yours sincerely

Lauren Taylor