MKDP Next steps

[Stevemcmli]

Dear all,

I have a dispute with Barclaycard going on for over three years over their failure to comply with a Section 77-79 request. Eventually the debt was transferred to MKDP, after a sold in dispute and re-interation of my S77-779 request were sent. there then ensued a period of MKDP saying the could not find an agreement. After a few months of similar "can't find..." letters they sent two sets of T's and C's and claimed this fulfilled the S 77-79 request. I wrote back disagreeing. A further two sets of T's and C's arrived subsequently.

I then wrote back rejecting their documentation (T's & C's) and asked if they did or did not have a true copy of the executed agreement. They responded with the attached letter. I was wondering how I respond (if at all) and where that leaves me in terms of enforcibility?

Stevemcmli

[nemesis45]

Re: MKDP Next steps

Hi,
MKDP are attempting to use a " reconstituted " agreement, this does not have to have any signatures but Must have the following constituents.

1. Your name and address as it was when the agreement was signed, no other will do.
2. The creditors name and address when the account was opened.
3. All the Terms & Conditions as they were when the account was closed.
4. Any other documents mentioned in the T 's & C's.
5. Any material amendments made to the T's & C's during the life of the agreement.

The claimant must prove these are the exact T's & C's applicable to the account in question.

What has been provided May fulfil the CCA request but a judge would decide if it is or is not enforceable.

nem

[Mr $quanda£ot]

Re: MKDP Next steps

MKDP lost last Wednesday in court on a similar matter. Whilst every account is different, I doubt they will take others to court in relation with alleged Barclaycard debts in a hurry!

[nemesis45]

Re: MKDP Next steps

Unfortunately MKDP has proved it's to thick to learn from it's
mistakes and blunders on regardless.

All " mistakes " made by MKDP should be reported to the FCA as " information " on the conduct of MKDP.

nem

[FlamingParrot]

Re: MKDP Next steps

Dear all,

I have a dispute with Barclaycard going on for over three years over their failure to comply with a Section 77-79 request. Eventually the debt was transferred to MKDP, after a sold in dispute and re-interation of my S77-779 request were sent. there then ensued a period of MKDP saying the could not find an agreement. After a few months of similar "can't find..." letters they sent two sets of T's and C's and claimed this fulfilled the S 77-79 request. I wrote back disagreeing. A further two sets of T's and C's arrived subsequently.

I then wrote back rejecting their documentation (T's & C's) and asked if they did or did not have a true copy of the executed agreement. They responded with the attached letter. I was wondering how I respond (if at all) and where that leaves me in terms of enforcibility?

It would all depend on whether the T&Cs they sent you were the ones from inception (when you opened your account) or just random T&Cs from any other time. How long ago did you take out the Barclaycard?

As Mr $quandalot pointed out above, MKDP LOST in court last week :whoo: and they were also suing for a Barclaycard. Every account is different though and, in addition to lack of a proper agreement, there were also issues regarding default notices. Out of interest, have you got the DN issued by Barclays?S

Sadly the small claims threshold was increased a few years ago, otherwise they could have been taught a le$$on by being hammered with co$t$.

[Stevemcmli]

Re: MKDP Next steps

It would all depend on whether the T&Cs they sent you were the ones from inception (when you opened your account) or just random T&Cs from any other time. How long ago did you take out the Barclaycard?

As Mr $quandalot pointed out above, MKDP LOST in court last week :whoo: and they were also suing for a Barclaycard. Every account is different though and, in addition to lack of a proper agreement, there were also issues regarding default notices. Out of interest, have you got the DN issued by Barclays?S

.

Thanks everyone for the valuable guidance. I'll check for the default notice in my file and post here tomorrow.. I think the account was opened in 2008 but I'm not sure (that part of the problem) would it be worth you guys and gals giving the T's and C's the once over?

I was under the impression that an true copy would need to be presented to court irrespective of what they have sent to me - is that correct?

Stevemcmli

[FlamingParrot]

Re: MKDP Next steps

Thanks everyone for the valuable guidance. I'll check for the default notice in my file and post here tomorrow.. I think the account was opened in 2008 but I'm not sure (that part of the problem) would it be worth you guys and gals giving the T's and C's the once over?

I was under the impression that an true copy would need to be presented to court irrespective of what they have sent to me - is that correct?

Stevemcmli

Sadly, if the account was opened after April 2007, the court can still enforce it, even without a properly executed agreement containing all the prescribed terms, because the bit of legislation that prevented a court from enforcing in the absence of such an agreement was repealed with effect from that time. That was s.127 of the CCA 1974.

The Barclaycard they lost in court with was from 2002 or thereabouts.