MKDP LLP/ HSBC Gold Credit Card

[Rubydooby]

Good evening have just joined this site and would like some assistance in relation to one of my partners creditors.

Timeline:-

01/02/2012 - Letter from MKDP advising of debt assignment from HSBC enclosing copy letter from HSBC advising the same
01/02/2013 - Final Notice from MKDP
14/01/2013 - Letter to MKDP using template contained in thread 30/04/2008 i.e. request for 1)true copy of original and signed agreement 2) FULL Statement of Account 3) Copy of executed Deed of Assignment from HSBC and MKDP and 4) Fair processing notice. Letter unsigned and stating that debt not acknowledged
03/04/2013 - Received Statements of Account - Oct, Nov, Dec 2007 and Jan, Feb, Mar 2008 i.e. copies of HSBC Statements.
21/11/2013 - Letter enclosing Credit Card Request form which was unsigned and only contained name, address and dob. In addition photocopies of Original Credit Card terms, Notice of Variation 01/09/2009 and Latest terms i.e. reconstituted. Letter from MKDP requesting contact to discuss means of repayment.

A couple of areas of concern:-

1) CRS shows date of default 23/03/2008. Amount now outstanding £100 less than last statement i.e. Mar 2008 but evidence not supplied

2) Statements show overall APR 19.9% with standard balance (cash) Interest 1.86% per month and standard balance (purchases) 1.527% per month. Original Terms states interest rate for standard balances 1.167% with APRS cash - 16.7% and 14.9% for all other transactions.

Not sure what I should do next ? Do I advise MKDP that Agreement unenforceable as terms are incorrect or do I send SAR to HSBC requesting full statements - but in requesting the information is this not an acknowledgement of the debt ? Am mindful that date of default 03/2008.

Any advise you can give gratefully received.


Kind Regards.

[Gorang]

Re: MKDP LLP/ HSBC Gold Credit Card

Hi and welcome

What date did your partner make the last payment to the account that shows on that statements??
(as this may well be statute barred, or very close to being)

I assume that your partner has not received a summons yet, is this correct??

Also which template letter did you use??

but in requesting the information is this not an acknowledgement of the debt ?

Short answer is No

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Hi and thanks for your response.

The last statement we have for 7 March 2008 which has a balance of 7584 but balance now due is 7484 so I think she may have made a payment in March which coincides with the date of default on the credit search. Can't say for sure as they did not send the April statement.

She has not received a summons. My partner is hopeless with paperwork and it appears that other DCAs have tried to recover this debt but seemingly given up (she wasn't aware - unopened letters found in her car boot !!)

Sorry about length but don't know how to copy a thread but here is a copy:-

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

In view of your letter dated 2 January 2013 and with reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address.

I would appreciate your due diligence in this matter.

I look forward to hearing from you within the statutory time limit and in writing.

I haven't responded to their letter as yet as not sure what next step is.

Regards.

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Following on from my previous post I have today received a further letter from MKDP stating FINAL DEMAND and that the matter had been passed to Raven Recoveries with this being the final opportunity to avoid Court Action.

Any further assistance in the context of my previous post would be gratefully received.

Regards.

[Gorang]

Re: MKDP LLP/ HSBC Gold Credit Card

The last statement we have for 7 March 2008 which has a balance of 7584 but balance now due is 7484 so I think she may have made a payment in March which coincides with the date of default on the credit search. Can't say for sure as they did not send the April statement.

Does the Dec 07, Jan, Feb or March 08 statements show ANY payment into the account by your partner at all??

CRS shows date of default 23/03/2008

IF which is a big IF, HSBC did everything correct then they would of needed to

AFTER the a MISSED payment becomes due they have to send out a request for the money
If you don't pay up
Then they need to send out a Default Notice (DN) giving 14 clear days in which to rectify the default and pay up
After the 14 clear days are up, then and only then can they register the default on your credit files with the CRA's, this however is frequently BREACHED and some times they register the default BEFORE they send (IF they send ) a DN to the customer

SO IF the default was registered on 23/08/2008 then the DN should of been issued to your partner at LEAST 2 weeks prior to that date

Now they NORMALLY don't issue DN's until you are in the 2nd or 3rd month (sometimes longer, it depends on their mood on the day lol) of being in default

So by my reckoning this account COULD be statute barred, BUT what does concern me is this

7 March 2008 which has a balance of 7584 but balance now due is 7484

as this could suggest one of 2 things

Either she did make a payment in which we would need to try and find out when
or
either HSBC or MKDP (or both) are trying it on to bring it back from being statute barred

MY advise, with what to do with this for now is

As this account could well be, or is Statue Barred, then for the next 6 months (which gives you piece of mind that it is 99% statute barred after that time)

Have a read of any letters that come in then keep them and just file them away (but NOT in the boot unopened lol)

BUT

if any of the letters say that they are a STATUTORY DEMAND or a COURT SUMMONS (form N1 from Northampton) then post up in your thread here ASAP and we can advise form there.

BUT

If you want piece of mind to know when the last payment was made to the account then you could send a SAR request to the original lender (HSBC) with the £10 fee, in which they have 40 days to comply, this should give you every statement for the account since it was opened right up until they sold the debt to MKDP

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Brilliant - thanks Gordon.

I guess that I should also let MKDP know that I have written to HSBC and just to recap - advising them that the account is in dispute is still not an acknowledgement of the debt. Presumably only an offer of payment at this stage is an acknowledgement ?


Regards.

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

PS Gordon date of default is 23 March 2008 per the credit report

Regards.

[Gorang]

Re: MKDP LLP/ HSBC Gold Credit Card

Brilliant - thanks Gordon.

I guess that I should also let MKDP know that I have written to HSBC and just to recap - advising them that the account is in dispute is still not an acknowledgement of the debt. Presumably only an offer of payment at this stage is an acknowledgement ?


Regards.

Personally I would not write to MKDP at all, for NOTHING unless they send a Statutory Demand or a Court Summons

I would just wait to see what comes in from them next, and in the mean time

If you want to write to anyone at this stage then I suggest, sending the SAR to HSBC (with the stat £10 fee) so you can find out for sure, exactly when the last payment was made to the account to see if the account is SB'd (statute barred) or not

I seriously suspect that this account is already SB'd in which case MKDP is entitled to NOTHING except the letter I mention next

If you send SAR + fee to HSBC and the statements in their reply confirms that the account is SB'd then the next letter to go out would be to MKDP informing them that the account is in fact SB'd, (which there is SB'd template letters here on the site)

BUT

I would ONLY send the SB'd letter to MKDP, once you know for sure that the account is SB'd

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Thanks Gordon.

Will get a SAR done this weekend - not sure that my partner will be comfortable with not writing to the DCA knowing her.


Regards.

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Further to previous communication now had further communications as follows:-

"Final Demand" Letter dated 09/12 from MKDP threatening to transfer account to Raven Recoveries; and

Letter dated 02/01/2014 from Raven Recoveries requesting payment of the full balance unless a reason can be provided for not being able to make the payment. This letter being the final chance to pay by instalments. "Failure to make contact with us within 7 days of this letter being issued (received 07/01) will leave us no further option than to assess your account for alternative action to recover this balance"

There was some doubt as to whether the account was sb'd and statements show last payment made 10/2007, however, the £100 reduction was made some time after by my partner's ex- partner. She can't be sure whether she discussed with HSBC but it is likely to have been over 3 years ago and the payment did not come from her account. So in this case having not made the payment herself we can show that last time debt acknowledged was 10/2007. Is my understanding correct ?

We have sent SAR to HSBC which was signed for on 23/12.

Would rather avoid Court Proceedings/ Statutory demand at this stage but unsure as to whether to go for account in dispute - i.e. SAR pending or straight to Statute Barred Letter.

There are doubts as to whether MKDP have acted correctly:-

Failed to advise that they have provided a Reconstituted Agreement; and
Actual Interest charged does not reflect copy terms provided

Clearly they cannot get hold of a copy of the Original Application since it took nigh on 10 months to produce recon version.

Thanks in advance.

[FlamingParrot]

Re: MKDP LLP/ HSBC Gold Credit Card

We have sent SAR to HSBC which was signed for on 23/12.

Would rather avoid Court Proceedings/ Statutory demand at this stage but unsure as to whether to go for account in dispute - i.e. SAR pending or straight to Statute Barred Letter.

There are doubts as to whether MKDP have acted correctly:-

Failed to advise that they have provided a Reconstituted Agreement; and
Actual Interest charged does not reflect copy terms provided

Clearly they cannot get hold of a copy of the Original Application since it took nigh on 10 months to produce recon version.

Thanks in advance.

SAR pending is not a reason to put the account into dispute. In fact, if it was me, I wouldn't even mention the SAR. Many banks only hold/send information for the past six years, so they may not find very much for a SBd account.
I'd just send the SBd letter, which would put the ball on THEIR court, if they want/are able to argue it isn't.

[Rubydooby]

Re: MKDP LLP/ HSBC Gold Credit Card

Will do thanks for response


Regards