Hi CitizenB issued date 20th June 2011 and allowed till 7th July. Their WS does not include a copy of the termination notice. Could i use this as an argument that they have not complied with the neccessary laws?

It was issued by Mercers and was requesting amount due £353 (monthly payments missed I persume) the balance is shown as £5600. Thanks

Thanks slick132 and andyorch. Can anyone tell me should the claimant have issued their own default notice or can they rely on a default notice issed by the previous DCA. The reason I ask they have included one in their WS pack which I have never seen before. Thanks

Hi Slick 132, Sorry for any misunderstanding but I am yet to submit a WS as I missed the original deadline which MKDP also missed. MKDP sent their WS the night before the original hearing. This why the judge adjourned the hearing so that I could submit my WS. Here is my WS first attempt (std template from this forum). I want the WS to come across personal rather than a standard response but I dont want to trip my self up on any legal points. Please advise. DEFENCE 1. I xxxxxxx of xxxxx, xxxx, xxxxxxxx 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 or assignment 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. On receipt of the claim form the defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. In particular the following were requested: a. The Agreement b. The Terms and Conditions of the Account c. The Default Notice d. The Assignment, and e. The Termination Notice 10. To date no documents have been received from the claimant. 11. Consequently, i deny all allegations on the particulars of claim and put the claimant to strict proof thereof 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. As the claimant has failed under Sections 77, 78 and 79 of the Consumer Credit Act 1974 to provide the requested documents within the 12 working days the debt becomes unenforceable. 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

Hi Slick132, I'am yet to receive notification in the post relating to the adjournment. I was told by the judge as MKDP had only filed their WS the night before and failed to send me a copy, he would give me an oppourtunity to submit my WS. I was told I have 14days to submit my WS and I would recieve written notification in the post. I have waited 10days and I have not recieved any written notification with regard to any further directions. I feel, regardless that I have not recieved written confirmation about the 14days that I should still adhere to the Judges verbal direction to submit my WS in the next three days. I need help with my WS to make sure that MKDP claim is enforceable and fails to achieve any judgement decision. MKDP have not supplied me a CCA or CPR as requested. I never recieved any notice of assignment. As I understood the judges decision was just for me to submit my WS not for MKDP to submit further WS. Hope that helps. Thanks

Hi Slick, I had my hearing at the small claims court. MKDP had emailed their witness statement to the courts the night before the hearing and did not send me a copy. As a result of this the Judge has adjourned the hearing as I also had failed to provide my witness statement within the deadlines. MKDP's witness statment did not include the CCA or SAR. However they included copies of credit card statements which showed my details. The credit card was originally an egg card taken out in 2005/6 and reverted to a Barclay Card. My main concern is that I do not want a judgment issued against me allowing them claim to my possessions. I need help with my witness statement to make sure MKDP cant enforce a judgment. Please help and advise what points my statement should contain..pre 2007 agreemnt..failing to provide CCA and SAR

Hi All, Excuse my typing scanner on the blink..below are the directions given on the N157. The following paragraphs set out the Judges Directions for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs. The following directions apply to this claim. 1. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later tha 4.pm on 27th septemeber 2013. 2. The original documents mut be bought to the hearing. 3. The judge may refuse to consider or take into account if a copy of it has not been sent to the other party as required by this order. 4. The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves) 5. Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court to arrive within seven days of service of this order. To date I have not recieved any documents CCA or SAR from MKDP.. Please advise what can be done?

Hi DX and CitizenB, I have my hearing in the small claims court on thursday 10th October 2013 and I still have not heard back or received a reply to any of my requests for the CCA and SAR from MKDP. Can anybody me advise me how am i supposed to defend their claims if they dont supply me a copy of the CCA and SAR which they are legally obliged to do?

Hi citizenB and dx100uk, I have eventually heard back from Northampton CBC, they have sent me a N149A notice of proposed allocation to the small claims track. Mkdp have failed to send me a copy of the cca or sar that I requested. I have been asked to complete a N180 Directions questionnaire. Please can anybody advise me what the best course of action I should take?

Hi All, Help needed for my defence. Can anyone point me in the right direction as I need a standard/blanket defence template. MKDP have failed to send me any documents (CCA or SAR requested). Thanks in advance.

Hi DX and CitizenB, I have not received a reply to any of my requests for the CCA and SAR from MKDP. I am concerned as I need to put in my defence in the next day or two. I phoned MKDP to see why they had not sent me the documents and was told they are waiting on Barclaycard. Should they not have these documents to hand before they put in a claim? MKDP also told me they will extend the deadline for my defence. I dont trust them so I would like to send a blanket defence. Is there a template that I could use in this forum? DX can expand on the last part of your last reply "don't forget to go for LiP costs if they do @£18Phr get your CRA file see if this debt shows too. ack it online" what are LiP Costs and how do you ack it online? sorry for being cluless. Many Thanks Dhuml

Thanks citizenB for your replies. I will send a CPR31.14 request and SAR. I dont believe I recieved such letters from MKDP. Ill have a dig around see if I have a copy of the agrement but I doubt it. If I do I will be able to scan them. Thanks

Hi All, I am new to this, even though I did register some time ago. I have been silly and not taken control of my financial problems and had my head buried in the sand. As you probably can gather I am not the sharpest tool in the box and would appreciate your help in steering me in the right direction. I have received a N1CPC claim form issued by MKDP LLP dated 13th May 2013. The POC are as follows: The Claimant claims the sum of £6,***.** being monies due from the Defendant to the Claimant under regulated agreement originally between the Defendent and Barclaycard. The defendant's account number was **** **** **** **** and was assigned to the claimant on , 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 persuant to the Consumer Credit Act 1974. The claimant claims the sum of £6***.** and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. I have not replied back yet and was hoping to find out what my first steps should be? Should I send a CPR 31.14 request and a SAR? I beleive they dont have a signed agreement unless they have photoshopped it. In the meantime should I request more time from the courts to prepare my defence?

Hi, I am hoping you can help. I was made redundant back in september 2009 and as a result Iam having difficulty paying my credit card debts. I have been intouch with the CCCS and they have asked me to send my Creditors a "offer of Token Payment" letter which a £1 payment until my circumstances change. I wanted to know if I send the Token payment letter is that a acknowledgment of my debt and theirfore unable to challenge the CCA agreement if I find out that the card company does not have a signed CCA? Your help is greatly appreciated:confused: