Hello Everyone,

MKDP have issued a court claim against me for a Credit card account.

I will be defending it, as they have no valid agreement (pre 2007),

I have read up on all the relevant threads and have everything ready to send.

I am a bit worried I have left it too late and need help,

the claim was issued on the 14th of March,

I filed my AOS on the 28th of March online,

I will be sending them a request under CPR 31.14 for all the relevant information,

but I understand I have to give them 7 days to reply?.

is this 7 days within my 14 day from AOS time limit, or in addition?.

The earliest I can get them the CPR 31.14 letter will be Tuesday the 8th,

(If I send on Monday via Special delivery).

However 14 days from my AOS on the 28th of March is Friday the 11th of April, meaning this wont give them enough time to reply?.

What should I do now?

If I ask them for an extension,

How do I do this?

I am worried they will just not reply until after the deadline is up,

especially if requested via mail, and will in turn seek judgement,

If I call them, what sort of proof would I need to show it was granted?

and what if they refuse to grant it?

Thanks in advance for the help - in a bit of a panic!

Thanks,

hereigo

Having acknowledged the claim,

you have 33days from the day of issue of the claim to submit your defence.

Ideally you should have sent your cpr31.14 request on receipt of the claim form.

However send it ASAP requesting all the docs that they mention in their poc to the claimants sols.

In addition send a s78(CCA)request to the claimants if you have not already done so.

You need to submit your defence on time regardless of whether you receive any docs or not,

plenty of examples of these on here edit to suit.

When you have composed your defence post it up and it can be checked prior to submission.

It would be helpful if you could type up verbatim the poc, minus personal details

If you could read the following and provide further in formation hereigo.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

Regards

Andy

Hello,

Thank you for the replies. The claim is from MKDP, for a Barclaycard credit card account. (very similar to dotty50's thread linked below, and my defence will be one I found in one of those threads, copied below) the value is under 2,000. (and actually, the balance is incorrect as it includes charges which were refunded off the balance as they were penalties).

The claim was issued on March the 14th, (so deemed served on the 19th) I then filed AOS online on the 28th. so 33 days from the 14th, I actually only have till the 10th?.I will send the 31.14 request and section 78 on Monday.

I have made about 5 different section 78 requests, to all the different debt owners over the years, all they provide is a set of terms or an account statement. The account is pre-2007 and I am confident they do not hold a valid signed agreement, and since it's pre 2007 I understand they still must provide this.

1.I was under the impression I should not submit a defence, but instead should wait for CPR 31.14, but should I now just submit a defence along with my CPR 31.14 and section 78 request?. (My defence is copied below, is this still the correct one?).

2.It seems my time runs out on Thursday the 10th, so there is no way they will have 7 days to provide under 31.14, so do I just file the defence below (online?) today, and should I request an extension (how should I do this?)

Thanks for help, I left it a bit late due to various reasons and am now a bit worried!.

More detailed claim information:

---

POC:

"The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

The defendant's account number was ************ and was assigned to the claimant on **/**/2013,

notice of this has been provided to the defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer credit act 1974. The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

----

Defence:

In the Northampton (CCBC) County Court

Claim number XXXXXXXX

Between

MKDP = Claimant

and

Me – Defendant

DEFENCE

1. I , ADDRESS HERE) am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system)

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

6. It is denied that I have an agreement with MKDP.

7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

9. If the Claimant is the Assignee and there has been an Assignment, the Claimant fails to plead as such and it is contended that no such Notice of Assignment pursuant to the LoP Act 1925 as ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof that this claim can commence in their own name.

AND the Defendant

Seeks an order that the Claimant’s action is struck out or otherwise is*dismissed*on the grounds that any claim cannot succeed.

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.*

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

Statement of Truth

I believe that the facts stated in this defence are true.

Signed

Me

Defendant

---

http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-MKDP-barclaycard-will-need-some-help-please

If the claim was issued on 14th March, the following timeline applies

Issue date 14.03.2014 + 5 days for service = 18.03.2014 + 14 days to acknowledge = 01.04.2014 + 14 days to submit defence = 19.04.2014. So you have a few days in hand.

What is the amount of the claim ?

You could ask for an extension of time - you would need to write to the Solicitor acting for the claimant. I guess you could do this at the same time as you send your CPR31.14 request.

An extension of time of up to 28 days can be agreed between the parties under CPR15.5 - the claimant's agreement needs to be in writing and it is the defendant's duty to inform the court of any agreed extension. So you would need to advise the court - in writing and including a copy of the claimants agreement to the new date.

You may wish to review that defence hereigo its a little outdated and not suitable in response to the claimants particulars.

Regards

Andy

Thanks for the replies,

CitizenB, Thank you, About the time limits, is this not correct? Issued on 14th + 5 days served = 19th, 14 days to acknowledge = 02/04/2014, 14 days to defend = 16/04/2014 ? Can you please confirm this. Also, as I filed AOS on the 28th, do I still get the full 14 days from when it was deemed served? so it won't be 14 days from my AOS, but 14 days from the 2nd of April?.

Andy, Thanks, could you please point me to a template that is closer to what I should be doing? or give me a rough idea of what my defence should be?. (or a general idea of what I should be aiming for, as all my past research lead me to the template I posted earlier.)

To give a brief history:

1. Debt is for around £1800 and is on a pre-2007 Barclaycard, the card was issued roughly 20 years ago, I have been asking for the agreement from Barclaycard for 3 years or so, who failed to produce anything but t&c's, this was then sold on to a debt collection company.

2.It has been passed around maybe 4 or 5 companies, every time the company has been sent a section 78 request (recorded delivery), but each time they have failed to provide an agreement (other than terms and conditions). They then sell it on and the process repeats, this has been going on for years. MKDP LLP now own the alleged debt.

3.I do not recall if I was sent a default notice from Barclaycard, or from Mercers. I don't believe I have received the correct notice of assignment.

I am confident they do not have an agreement, Barclaycard even admitted in a letter that I am entitled to a signed, executed agreement, but then below said we have now provided you with a reconstituted agreement (which was terms or a statement)

I also think there may be various issues, such as the default notice, the amount being wrong as it includes refunded charges, and various other issues, but my main point is they don't have an agreement, so should not be seeking enforcement, especially as it's pre-2007.

Should I try for an extension? it would seem I would not have time to get confirmation of such before my defence is due, so it seems I should file my defence anyway? Please advise as I have done a lot of research on CAG, but the information was from a few years ago, and now that defence is outdated, I need to know what to do.

Thanks, I really appreciate the help, been researching the issue for years but now it's going to court I have forgotten everything!.

Thanks,

hereigo

Hi

Re service you include the 14th as your start date so +5 = 18th re defences type MKDP into the search box above (top right under the CAG logo) and the first page is full of threads from the same claimant and nearly all contain a defence that I have drafted.

Regards

Andy

Hi Herigo,

Responding to your pm.

It's been a while since I've had to deal with a claim and as Andyorch says, the defences you are looking at will need updating so it will be better to find some more recent claims for reference.

MK issued claims like confetti a couple of years ago, most of us defended and heard nothing more! They rely on the defendant not having a clue what to do so they get judgement by default.

I'd be surprised if they are any different now and it's unlikely (although don't take it for granted) that they will have any paperwork.

They also issued a claim to my OH but it was at a time that was difficult for us to defend alone so we used a solicitor and MK discontinued and cost them a lot of money!

Now I'm subbing, if I can offer any help, I wil.l

Thanks Andy and Dotty for the replies.

I have spent a long time looking through the threads,

My case is based primarily the account being pre-2007, and there being no valid agreement. Also the "reconstituted agreement" they sent was just terms/statement,

There have been many Section 78 requests made.

There are other possible issues, such as the balance not being correct,

and possible default notice and termination issues,

but I do not have the facts to confirm these issues at this moment in time.

How should I proceed? also, should I be requesting an extension,

even if I can file my defense on time?.

Thanks for help,

hereigo

Andy,

I have taken two of your defences and combined various parts, can you suggest if this would be along the correct lines (and any further changes or parts to add or remove?)

Also, they have replied to section 78 requests by just sending terms and conditions, however have not provided a valid agreement, should I still say they have failed to comply?.

Also should I add anything more specific, such as it being pre 2007, and CCA section 127)3) is applicable, or the Carey case which states original signed, executed agreement would need to be produced should enforcement be sought through the courts?

I put the POC into paragraphs as suggested,

Thanks.

-----

POC:

1.The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

2.The defendant's account number was ************ and was assigned to the claimant on **/**/2013,

notice of this has been provided to the defendant.

3.The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

4.The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

---

#####Defence######

1. The claimant has failed to provide a valid copy of the agreement on which their claim relies

2 I have no knowledge of any assignment of this agreement I have never received any Notice of Assignment from either the Claimant or Barclaycard.

3. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

4. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act').

5.The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act.

6. Is denied. The claimant would not be aware of any default having failed to serve any Notice of Assignment and should not have access to my data pursuant to the data protection act.

7. Is denied. The Claimant has yet to comply to a section 78 request, provide a Notice of Assignment, or a Default Notice...it is denied that the claimant has complied with any Pre Action Protocol

8. Until such time the claimant is prepared to respond and disclose the requested documents for the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

9. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

The claim is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;and

(d) show how and when the agreement was breached:

As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

Needs work hereigo...you start to wander after paragraph 2 stick to their particulars......1/2/3/4.

Andy

Needs work hereigo...you start to wander after paragraph 2 stick to their particulars......1/2/3/4.

 

Andy

Thanks for reply Andy. Would you mind pointing out more specifically where I have gone astray? !!

POC:

1.The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

2.The defendant's account number was ************ and was assigned to the claimant on **/**/2013,

notice of this has been provided to the defendant.

3.The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974.

4.The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

---

#####Defence######

1.Paragraph one is noted, I have in the past had financial dealings with Barclaycard but I am unaware of any balances outstanding outstanding. Barclays have not contacted with regards to any arrears.

2 Paragraph 2 and 3 are denied I am unaware on any legal assignment in connection with the above account number nor has the claimant ever requested payment for any alleged debt.With regards to any default the assignee would not be in a position to know if I defaulted or was served with a valid default notice having only acquired the alleged debt in**/**/2013.

3.Paragraph 4 is therefore denied.The claimant has not complied with any pre action conduct,they have not served a Letter before action nor made contact.

4.. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and also declined to respond with regards to my CPR 31.14

The claim is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Claimant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;and

(d) show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by Barclays or the claimant has served since any alleged assignment.

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. Until such time The Agreement is disclosed it cannot be enforced against the Defendant without an order of the court.

6. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edit to suit or if anything is incorrect and copy and paste into MCOL ...print your receipt as proof of submission.

Regards

Andy

Thanks Andy,

I am just putting the finishing touches on my defence, as far as part one "nor has the claimant ever requested payment for any alleged debt" and "nor has the claimant ever requested payment for any alleged debt"

I think I may have had various letters from them and Barclaycard over the years, I do not believe I have had a notice of assignment or a default notice, Should I remove the above parts considering they have possibly sent letters, or do I remove them?

Thanks,

hereigo

Yes if its not true remove that sentence.As stated you must edit to suit.

Andy

Hello Everyone,

Please help, I feel MKDP are breaking all the rules and trying it on!.

but I am not sure what to do. Worst of all I am moving house soon, seems they have timed it to arrive at the worst possible time.

I have a pre-2007 Barclaycard, which was bought by MKDP some time ago,

they have not been able to comply with any CCA requests. I am confident they do not have any of the required documents or paperwork.

MKDP Issued a court claim against me back in March, I filed AOS, and defended the claim with help from CAG (old thread below), and I also made a request for all the information they hold in the form of a CPR 31.14. (sent by recorded delivery).

They completely ignored my CPR 31.14 request and 7 day time limit!, and have not responded in any way shape or form for over 3 months now!. I thought the claim would expire or be dismissed, but they were recently sent a form notice of proposed allocation to the small claims track (and I was sent a copy by the court). I include this below.

Now they have filled out the allocation questionnaire, asked for it to be held in their local court. and sent me a copy saying the court will be in contact in due course.

There must be something wrong here? They have ignored the court entirely, broken the rules by not responding to my CPR request - and now carry on 3 months later as if nothing had happened? with no proof being provided, it seems I have followed the rules, surely there is a 7 day time limit on the CPR request for a reason?

Please help, I am really fuming and don't know what to do! see attached.

They cant have it in their local court You are the defendant it will be held in YOUR local court and you should mention this on the AQ. They have brought a claim against you without providing any evidence required by CPR and then want the claim heard in their local court for THEIR convenience ?

I will have andyorch look in on you with some advice on how to mention that. You have a bit of time before submitting the AQ.. so dont panic if AO doesnt respond till after the weekend.

I notice they have also ticked "NO" for the question as to whether they have included a fee with the AQ. They have to include the fee else it wont move forward ?

I will also merge this thread with yoru original thread so that all the inforamation is in one place.

Complete the forum N180 which you have been supplied with. Agree that it is suitable for the small claims track.

In section D - venue simply out down that you want the case heard at your local/home court - and name the court.

Explain that you are a private individual and the claimant is a business and therefore there is no good reason why the claim should be transferred to their preferred court.

Here's a tip. Do not mention that you may be moving shortly. That may make the court feel that there is an unstable situation here and that the case might be better being heard in the claimant's court.

If later on you move and the case is being hear in a court which is difficult for you to reach - then you can apply for a transfer then.

The most important thing is to make the whole thing as simple as possible now

Hello,

Thank you for the replies CitizenB and BankFodder.

I am a bit confused, surely the fact that they have not provided any evidence to support their claim, and have not complied with the CPR 31.14, request should mean something?.

It seems they can just ignore the rules and carry on 3 months later?.

should I not be asking for the case to be struck out, or ask for the court to force disclosure?.

From what I read before, I had the impression after a month or so the case would lapse or they would need to provide a very good reason why they have not responded to my CPR 31.14 for 3 months?.

Do I now just have to go along with the procedure while they get to ignore it and carry on when they like?.

Sorry pretty angry at them as I followed all the rules and advice, they seem to be abusing the court system and there is no way to hold them to account? There is no case to answer, surely they at least have to show they have the documents they rely on in their POC.

Thanks,

hereigo

You could attach a short letter simply pointing out that the claimant has not complied with your request and respectfully request whether the court might consider giving a direction to the claimant in respect of this

Hi hereigo responding to your PM.

If I could dispel some of the confusion that is venting your anger.

When you are served with a claim the use of CPR31 is a civil request.

..there are no laws that state the claimant must respond

...its a tool for you to use to to try to clarify the basis of any claim and also warns the claimant

that they will have to get their ducks in line should they wish to proceed.

Disclosure always follows the defence..

.the fact that they have now opted to proceed is their prerogative.

.a claim can not be struck out for none compliance to your request at this stage of proceedings.

Allocation is the next stage of proceedings.

..the court will allocate the claim to track and transfer it to your local court (automatically) as you are the defendant LiP.

The fact that they have requested it be their court is a sign of their lack of knowledge of proceedings.

Complete the DQ (N180) as advised by BF above by the date stated...lets get the claim allocated and we can take it from there.

Regards

Andy

They cant have it in their local court You are the defendant it will be held in YOUR local court and you should mention this on the AQ. They have brought a claim against you without providing any evidence required by CPR and then want the claim heard in their local court for THEIR convenience ?

 

I will have andyorch look in on you with some advice on how to mention that. You have a bit of time before submitting the AQ.. so dont panic if AO doesnt respond till after the weekend.

 

I notice they have also ticked "NO" for the question as to whether they have included a fee with the AQ. They have to include the fee else it wont move forward ?

 

I will also merge this thread with yoru original thread so that all the inforamation is in one place.

Any DQ filed after 22nd April 2014 no longer requires a fee.

Hello Andyorc,

Thank you for the reply and information. I did think there must be some power in the CPR 31.14, or the 7 day time-scale. I know under CPR 16.5.4 they have to prove the money is owed, but there is

no need for any proof or backing to their claim at all before an actual court date? And I have no way of compelling them to even prove it's a valid claim?.

This is what angers me, they know they should not have bought the case without the documentation, but they did it anyway, and are happy to drag it out for ages, and go right up to the court date, without lifting a finger or providing any backing to their claim. So now I will have thing hanging over me for the rest of the year, and they continue to abuse the system without penalty? I can't even hit them with substantial costs due to being a litigant in person.

Thank you for the help, sorry I just get so angry when the system is abused like this and they get away with it, however if the defendant makes a slight mistake, or misses a strict deadline the claimant wins. Essentially anyone could randomly decide to take someone to court for no reason, put them through a year of stress, then just pull out or not turn up on the day.

I really thought there must be some check or safeguard to be sure they have based their claim on something, it's a little worrying the system is so unbalanced in this way.

Maybe I should hire a law firm, at least they will get hit by costs when it gets to court,

Thank you, sorry for the rant!.

When you are defending a claim or involved in any litigation...patience really is a virtue.....don't worry they will have to disclose at the appropriate time within the procedures...they are just hoping that you throw the towel in or lose your nerve before that point.

You are still not guaranteed costs...win or lose ..represented or not in Small Claims Track.

Calm down relax and enjoy your weekend...slowly slowly catch a monkey:wink: