Hello, I thought I'd update on the situation. The hearing that was supposed to happen today has been adjourned to September because the Claimant has asked for additional time allowed to obtain additional documentation from a third party. What's best for me to do now? Surely if they are making this claim, they should already have relevant documents needed. Do I sit and wait or is there something else I should do? Thank you so much, any advice is greatly appreciated...

Thank you Andy!

Thank you so much! I have a quick question, when submitting my documents before the trial, do I need to send copies to the Claimant as well or just to the court? Thank you in advance!

Hello Victoria, I'd be so grateful to know more about your case and any advice/pointers/suggestions would be most appreciated! Thank you so much

Thank you SO much! I am really most grateful.

Hi Andy, Please let me know your thoughts! Thank you so much... I've just confirmed that they have paid the hearing fee. If they are to provide their documents 14 days before, am I able to see these documents? Thank you.. Witness Statement of ****. I am the defendant in the above case and appear before the court as a litigant in person. 1. Some time in 2006 I took out a credit card with Morgan Stanley. I have no original documentation relating to this account. 2. In 2008 my financial situation changed and I was unable to make repayments, which resulted in my defaulting on the debt. The date of which I am not aware. 3. I was contacted by Newman Debt Collection Agents and began to make agreed monthly payments towards the debt (Exhibit A). 4. In 2009 I was then contacted by Apex Credit Management LTD as the debt was taken over by Barclaycard and came to an agreed monthly instalment plan (Exhibit B) which I continued to honour until December 2010 when Apex were no longer looking after the debt and I was not informed of to whom the debt had been passed. 5. In June 2013 I received a letter from MK Rapid Recoveries (Exhibit C). I responded by post (Exhibit D) requesting proof of ownership of the debt but had no response to my letter. I then received two letters from Raven Recoveries (Exhibit E), responded via post but once again had no response. 6. I received a County Court Claim Form from MKDP LLP dated 29th August 2014. I submitted my acknowledgement of service on 5th September 2014. As a result of this claim I submitted my defence via MCOL on 29th September 2014. 7. As per my defence, on receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 8th Seotember 2014. This was sent via recorded delivery and signed for on the 10th September 2014. The Claimant has yet to comply. Furthermore, on the 8th September 2014 I requested copies of the documents referred to in the Claimant's Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on 10th September 2014. The Claimant has not responded to my request. 8. I received Notice of Small Claim Hearing dated 8th April 2015. I requested mediation via email (Exhibit F) and was informed I would be notified if the Claimant was also willing to mediate. No mediation has taken place. 9. The Claimant has failed to show how I have entered into an agreement with MKDP LLP (formerly Barclaycard). I have had no responses to my CPR31.14 and S78 CCA requests. S.127(3) of The Consumer Credit Act 1974 as amended by S.15 Consumer Credit Act 2006 provides that a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where: prescribed requirements in relation to the execution of regulated agreements (set out in section 61(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer. To date MKDP LLP have not provided me with any documentation to prove their case against me. 10. In my defence I put the claimant to strict proof and requested that the court orders full disclosure. Despite my requests, I have never received appropriate documentation from the Claimant that would allow me to fully prepare my defence. 11. I argue that: a. The Claimant has not provided an enforceable agreement. b. I have never received a Notice of Assignment from Barclaycard to MKDP. I believe that the facts shown in this statement of four pages are true.

Thank you Andy. I'm currently putting together my witness statement and supporting evidence. My trial date is 6th July, is it right to say 14 days before this date would be Tuesday 23rd June? Perhaps I could please post my witness statement here minus personal details for your expert eyes to advise if it sufficient? Thank you so much.

Ah ok, I see. Thank you so much for that - that's made things a lot clearer for me. Haha, true indeed. Thank you so much for your help! I'm really most grateful.

Hello Andy, Many thanks for your response. When you say they don't go to trial, you mean beyond the small claim hearing? Are you able to advise what can be done to avoid a CCJ? This is the only reason I'm considering contacting them directly to clear the debt as I'm nervous that going to court will result in a CCJ. Thank you so much.

I emailed to request mediation, this was their response: Thank you for your email. Your interest in mediation has been noted. If the other party is also willing to mediate, we will contact you to book an appointment. Mediation can only take place if both parties are willing to negotiate. If one party does not want to mediate, your case will proceed to a County Court hearing. As I mentioned before, I requested a CCA and CPR but have not heard back from them. I have been reading other threads, which is where I was reading about bundles hence my confusion. I'm sorry it seems as though I am being a nuisance and perhaps should no longer post here as I do not wish to annoy anybody. I did contact MKDP to try and stop this process but they didn't want to co-operate. I just wanted some advice on whether it would be good to try again to settle this before the hearing. I am aware that litigation requires work, it was never my decision for things to go to court so am doing my best to get my head around what is involved. I am not aware of the "Directions"other than the directions questionnaire. Thank you for your response and I'm sorry to have troubled you.

Hi Andy, I requested mediation and was told that I would be contacted if the other party also wanted mediation, but I heard nothing. My first notice of allocation letter says: Parties serve and file copy document 14 days before hearing The original documents shall be brought to the hearing. Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned above. I'm sorry for my ignorance I have no idea what documents and evidence I am supposed to provide? I have never been through anything like this before I'm finding this process extremely stressful. Do you think it is advisable for me to contact MKDP directly to try and settle the balance in full? I am in the process of moving house, having a wedding and business trips coming up and this is honestly the last thing I need! I just want to be rid of this situation.. If anybody could please advise on what I should do, I'd be so grateful. Thank you... I've read in other forums about a court bundle, what does this consist of? I'm supposed to file this to the court and to MKDP? They are also supposed to do the same? I've heard nothing from MKDP other than a statement of the account. The hearing is on the 6th July... Can I submit documents prior to the hearing via email? Sorry for so many questions... I'd have thought there'd be some kind of instructions with my hearing notice on what I'm supposed to do so now I'm stressing out big time! Thank you in advance!

Hello there. Well it's been some time, but I've now been given a court date in July. I requested Mediation but nothing happened... I'm wondering if anyone may please have some advice on how I should approach this in court. MKDP never responded to my CCA and CPR requests and I have very little paperwork relating to the original credit card. Any advise or thoughts would be sincerely appreciated. Thank you so much.

Thank you! What would so many people do without your help and support?! I really am grateful, thank you Andy

Thank you so much Andy for your response ... I get a bit panicked when new information comes through and I don't know what to expect! Considering the background of this situation, I can't find a default date on my credit report and that they haven't responded to my CCA & CPR requests, is it better for me to try and resolve this through the mediation (although from what I've read on mediations with MKDP on some other threads, they don't seem to budge!)? Sorry I know you can't predict, but just if you may have some insight on how these things generally go, I'm so grateful for any thoughts and advice This just takes up so much time and stress and I'd like to resolve it as best I can. Thank you so much!

Hello again, hoping someone may please be able to advise... I've been away for a little bit and got back to find a notice of proposed allocation to the small claims track with a N180 I need to complete by 30th October. MKDP have sent me a copy of their questionnaire but still haven't responded to my CPR and CCA requests. I'll look at some other threads now but would be really grateful for some advice? I have no idea of how the process works and what to expect next... Thank you!

Yes dx, I am confused! In the Barclaycard letter it gives the current balance as the one which includes the court fee. I have just looked at my credit report and this debt is not listed on there. *confused.com*

I'll look into getting my credit report. I'm very confused - can MKDP take this to court even though Barclaycard own the debt?

Hello, hoping somebody might have a moment to get back to me please?! I'm confused as dx previously suggested I shouldn't bother sending the CCA to barclaycard as they had sold it, but from their response it shows they still own the debt and MKDP are acting on their behalf. How does this change things? Now that they've responded but haven't sent the original signed agreement, does this change my defence? Thank you so much So thankful this wonderful forum exists...

I thought ownership would have some impact if MKDP have issued the notice for the CCJ and not barclaycard. Excuse my naivety to the situation. Well I'm a bit confused as the agreement they've sent has Morgan Stanley T&C's as well as the Barclaycard T&C's but nothing has my signature on. It also has information in there about a card protection plan policy - I wasn't aware I was paying for any insurance. Could it just be standard information? As far as I can recall, I did have notification that Barclaycard had taken over the goldfish account, but not that Goldfish had taken over Morgan Stanley. Also, may I please ask what this means in Barclaycard's response? "With regards to your reference to sections 5(2), 3 (b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008, we do not accept that there is any basis to assert that we have not fully complied with our obligations. We know that your account is not in dispute because of any delay in providing your copy documents as Section 78)6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78(6) for more than one month. This completes our obligations under Section 78 of the Act."

I've received the CCA back from Barclaycard but heard nothing yet from MKDP. I guess this means Barclaycard still "own" the debt and MKDP are just acting on their behalf? Should I go ahead and submit my defence? It's due on the 30th. Thank you in advance!

Great, thank you so much Andy!

Ok, I'll hold off but would you mind please looking at the below defence? I'd like to prepare as much as possible, trying to get my head around it all. I hope this one is appropriate - please excuse my ignorance to such matters... I'm very grateful for your help. The particulars of claim read as follows: 1. The Claimant claims the sum of 7,626.13 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 *** a nd was assigned to the Claimant on 13/05/2013, 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 7,626.13 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. Defence Paragraph 1 is noted, I have in the past had financial dealings with Barclaycard but deny any monies being due as alleged by the claimant MKDP LLP. Paragraph 2 is denied I am unaware of any legal assignment between Barclaycard and MKDP LLP and the claimant is put to strict proof thereof. Paragraph 3 is denied, the claimant has not provided a default notice as alleged and has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of **** and remains in default of my section 78 request dated 08/09/2014. Paragraph 4 is denied as yet the claimant has yet to provide any proof at all. Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement. and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (d) show that they have served a Notice of Sums in Arrears (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 08/09/2014. This was sent via recorded delivery and signed for on the 10/09/2014. The Claimant has yet to comply. Furthermore, on the 08/09/2014 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the 10/09/2014. The Claimant has not responded to my request. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, as 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. The Defendant has no recollection of receiving a notice of assignment. Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974. 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.

Could you please advise where to find a suitable defence? I read this one in a few places so thought it would be ok.

Thank you dx. Andy advised I need to submit my defence by 30th September. Should I wait until then or should I submit my defence before? I still have not heard back from MKDP since they received my CPR and CCA requests. I'd be very grateful if somebody could please read my defence below? 1. In the Northampton(CCBC) county court Claim number XXXXXXX Between MKDP LLP and XXXXXXXXXXXXX – Defendant DEFENCE 1. I, XXXXXXX of (Address) am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. 3. The Claimant’s 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 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. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis ofthis claim. 6. The Defendant also sent a formal request pursuant to s.77/78 of the consumer credit Act 1974 for a copy of the agreement. 7. To date No documentation has been received from The Claimant. 8. As a result, the Claimants claim 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. Consequently, I deny all allegations onthe particulars of claim and put the Claimant to strict proof thereof. 9. It is denied that I have an agreement with MKDP LLP. 10. 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. 11. 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. 12. AND the Defendant seeks an order that The Claimant’s action is struck out or otherwise is dismissed or struck out on the grounds that any claim cannot succeed. i. 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. ii. 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)

Because I need the paperwork to complete my defence? That is what I've been reading on other forums? I don't have the original agreement and other relevant files at my current residence. If you can advise on how I can submit my defender without this then I am most grateful. But also, don't they legally have to respond to the CCA and CPR requests?