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Barclaycard - MKDP - Pre 2007

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  • Barclaycard - MKDP - Pre 2007

    Hi,

    I've been dealing with MKDP now for a while and I'm after a bit of advice.
    The alleged debt is for £500 and the account was opened in 2005 the debt is about 2-3 months away from becoming statute barred and MKDP have started piling on the pressure by threatening a CCJ and constantly calling me at work even though I've told them not to.

    They have supplied me with a reconstituted copy of a credit agreement with no signature and no credit limit details.

    My credit file is coming close to becoming clean again, and as I'm hoping to buy a house in the next couple of years I don't need a CCJ on my account.

    Does anyone have any advice? Any good templates for letters that might get them off my back?

    I don't know if it helps but I was sold PPI for the account and also have a lot of charges which I think I could claim back, is that something I should look at doing now or waiting for it to become SB?

    Any advice welcome
    Tags: None

  • #2
    Re: Barclaycard - MKDP - Pre 2007

    Here's a copy of the letter they sent with the reconstituted agreement
    Attached Files

    Comment


    • #3
      Re: Barclaycard - MKDP - Pre 2007

      Have they actually started court proceedings yet? (if your only 2 or 3 mths away from SB'd it might be an idea to try and keep them busy until then if poss ). Does the paperwork they sent include current T&Cs and previous ones? Are you happy that what they have sent is what was current at the time you signed? etc...
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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      But please include a link to your thread so I know who you are.

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      Comment


      • #4
        Re: Barclaycard - MKDP - Pre 2007

        They have sent old terms and conditions but not the new ones.
        They haven't started court proceedings yet, have done some research and the last paument I made would be 6 years old on 28 August. So I need to keep the off my back till then I guess

        Comment


        • #5
          Re: Barclaycard - MKDP - Pre 2007

          Originally posted by pricey1976 View Post
          I've been dealing with MKDP now for a while and I'm after a bit of advice.
          The alleged debt is for £500 and the account was opened in 2005
          Was this an online application?
          Originally posted by pricey1976 View Post
          the debt is about 2-3 months away from becoming statute barred and MKDP have started piling on the pressure by threatening a CCJ and constantly calling me at work even though I've told them not to.
          They shouldn't be calling you at work, you may want to look at the letter I posted here:
          http://www.legalbeagles.info/forums/...825#post565825
          Originally posted by pricey1976 View Post
          They have supplied me with a reconstituted copy of a credit agreement with no signature and no credit limit details.
          If it was an online application, there would be no signed copy as from 2005 onwards a tick box fulfilled the role of a wet ink signature for online applications. :ohwell:

          Originally posted by pricey1976 View Post
          I don't know if it helps but I was sold PPI for the account and also have a lot of charges which I think I could claim back, is that something I should look at doing now or waiting for it to become SB?

          Any advice welcome
          Not sure about the charges but if the PPI was mis-sold it could be an idea. In some cases when the debt has been sold the PPI is paid directly to you rather than being offset from the balance, however, I'd wait till the end of the year to be on the safe side.

          - - - Updated - - -

          Originally posted by pricey1976 View Post
          They have sent old terms and conditions but not the new ones.
          They haven't started court proceedings yet, have done some research and the last paument I made would be 6 years old on 28 August. So I need to keep the off my back till then I guess
          A bit longer than that, the clock doesn't start running from the date of last payment but from the cause of action, the bank would have had no cause to take action when you'd just made a payment as they'd have no way of knowing you wouldn't be making further payments.

          Comment


          • #6
            Re: Barclaycard - MKDP - Pre 2007

            Good morning this may help you to decide if what you have is compliant as a " reconstituted" agreement.

            A recon must have.

            Your name and address as it was when the account was opened
            The creditors name and address when the account was opened.
            The T's & C's relevant when the account was opened.
            The T' & C's relevant when the account was closed.
            Any other documents mentioned in the T's & C's.
            Any material amendments to the T's & C's during the life of the agreement.
            You should also receive as current statement of the account. ( not an historical one).

            nem

            - - - Updated - - -

            Good morning this may help you to decide if what you have is compliant as a " reconstituted" agreement.

            A recon must have.

            Your name and address as it was when the account was opened
            The creditors name and address when the account was opened.
            The T's & C's relevant when the account was opened.
            The T' & C's relevant when the account was closed.
            Any other documents mentioned in the T's & C's.
            Any material amendments to the T's & C's during the life of the agreement.
            You should also receive as current statement of the account. ( not an historical one).

            nem

            Comment

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