Due to him losing his job my husband is 2 months behind with the payments for the car to welcome finance. First they bombard us with phone calls-and are still doing so despite us sending 2 letters telling them not to phone. The today a girl from welcome phoned and said unless the payment was made immediately then they will come and get the car and if necessary get the police involved. Can they take the car without a court order?

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

Background: In 2003 I took out a credit card with HSBC (who I held a current account with). This had a credit limit of £200, which subsequently increased to £500, then £800. In 2007 I defaulted on the card. This default shows up on two separate occasions (more on that later) as 2008. I had been querying with HSBC how the amount owed had increased to £1700+, and had not received any answers. I (perhaps foolishly) then left this. In 2012 I wrote to HSBC, quoted the card number, and stated that I believed the matter was not resolved, and that I would like to resolve it, as I was worried about any adverse effect on my credit history. This letter received no reply, I followed it up with an additional letter a couple of months later. Neither letter acknowledged any debt or offered any payment plan; both referred to my concern over how the figure had been reached. While this was going on, I was receiving phone calls from what I believed to be various companies (Keynes, MKRR, Compello, MKDP etc etc) asking for personal details, which I always refused. It subsequently appears the alleged debt was purchased by MKDP LLP, and they were pursuing. In 2014 I obtained a cred it report from Equifax, Callcredit, and Experian, as I was looking at obtaining a mortgage. There were a number of inaccuracies, but relevant to this was a CCJ obtained at an old address, by MKDP LLP, for £1796. I applied to the court to have judgement set aside, and this was granted on the basis that I had been a continual HSBC client, so they should have had my correct address. There was a condition that I filed a defence with the court by the 12th January. The default date on the HSBC entry on my credit report (I've got some historical ones) is shown as 10/05/2008. The default date on the MKDP entry is shown as 15/10/2008. Neither show on my current credit report. The CCJ has now disappeared from my credit report. Question I have always disputed this debt. Court action was commenced before the debt became statute barred (if you count the default date in 2008 as the cause of action, rather than the date I stopped making payments etc). What should I do? A solicitor friend of a friend has suggested I 'Put MKDP to proof', and has implied that they may not pursue this any further - I however think they will. How do I go about putting them to proof, and what should I ask for? I'm all ready to send some faxes today (I've found this a pretty effective method of instant communication), so I would appreciate: 1. Knowing what information to ask MKDP LLP for 2. Some help drafting my defence Any support gratefully received. Jim

Hey, Can someone please offer me some advice here in relation to my option (if any). Just gained access to my credit file and see that there are 2 loans listed against me, the first one of my car loan from ACF Finance which I will post later on to get some help with these cowboys. The other is from a loan I took out in 2007 with Welcome Finance who had their credit licence removed from them I believe a few years back. The WF loan I unfortunately fell behind with after being losing my job and ended up defaulting on after they starting applying their massive fees and other charges. From memory the last payment was made in 2007 however this is still showing up on my credit file. What it appears to show is that MKDP who probably purchased this loan ended up registering a default on my credit file in 02/01/2010 yet the loan way taken out in 22/10/2007 and defaulted 3 months later. Does the 6 year period for statue barred account start from 2010 or is there something a miss with the originally creditor not placing a default on my account. Can anyone help me some advise with this one please? Many Thanks Scott

Need some help on this one as I have done lots of searching and can not find a case that is similar to mine so would appreciate some guidance. Brief Summary: 29/04/2011 - I defaulted on a HSBC Current account overdraught with an outstanding balance of £1780.09 (which was mostly my own debt and not made up of charges/interest) 16/04/2012 - after being pursued for the debt for months (with no acknowledgement from myself) I was offered a reduced settlement figure of £1,068.05 (60% of original balance) from Westcot Credit Services LTD at which point I decided I had enough of burying my head in the sand and I coughed up and paid via their website in full. This payment is the only contact I have had with any DC at all. 29/01/2013 - I start receiving letters from MKDP/Raven/Compello demanding payment for £712.04 which just so happens to be the difference between the original balance and the reduced settlement figure. I ignore these letters because I believed they were just trying to spoof me into paying more money. As far as I am concerned I have acknowledged the debt (with Westcot) and paid in full and final settlement to close the account. The Default on my CR also changed from HSBC to MKDP a few months after this. 16/04/2014 - To my horror a Claim From from Northhampton CCBC landed on my door step the morning claiming payment of £712.04 + £55 costs. The claim form is dated 11/04/2014 I intend to dispute the whole claim on the basis that I have already settled this debt with a previous claimant and they are essentially, and wrongfully pursuing a debt that does not exist and that they have no claim to. The main issue I have is that due to a recent house move I no longer have any of the letters from Westcot or MKDP etc. In particular I can't find the original letter offering the reduced settlement offer from Westcot. I do have receipt for the payment however. I also need help in wording a suitable defence, taking into account the above as I have no idea where to start. Your help is very much appreciated.

Hi all, Today I received a claim form out of Northampton CCBC from MKDP dated 20/03/14 and in the amount of £6500 inc court fee PoC: The claimant claims the sum of £6XXX.XX being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc. The Defendants's account number was XXXX and was assigned to the Claimant (end of) 2011, 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 £6XXX.XX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. From information shown on my credit file I THINK the claim is for a credit card. There is an entry for MKDP for the same value relating to an HSBC cc but the partial account number bears no resemblance to that quoted on the claim form. The account opened date shown on the credit file info is March 2007. I do not recall receiving a Notice of Assignment, nor a Default Notice from the original creditor (although I could not categorically deny it). I have prepared a CCA1974 request to MKDP (from the templates section) and CPR34.14 request made out to the solicitor named on the claim form (I assume that I send this to the address show for the Defendant?), both of which I intend to send recorded delivery tomorrow. I have also enrolled on the moneyclaim website and accessed the claim ready to respond to the claim but am a little confused as to which response I should choose... do I at this stage complete the Acknowledgement of Service and request 28 days or do I start a dispute? Given that I have very little/no information regarding the original account am I right in thinking I should also issue a SAR to HSBC? Anything else I need to do/consider at this stage? All help GREATLY appreciated; thanks in advance!

Hi folks, I got a Northampton claim form through a little while ago which I responded to with a CPR 3.14 to the solicitors and put in a no agreement defence. They sent a back-dated letter to say they would need to request the documents and would put any action on hold. They didn't and still haven't responded with any documentation. I don't have a CCA for this account, nor even a statement of account. The claim got transferred to my local court (Oxford) and the latest from the court is a general form of judgement or order. The order is that "The claimant must file and serve a copy of the agreement and a statement of account showing how the amount as accrued by xxx on xx September 2014. The defendant must send to the Court and to the Claimant's Solicitors a Defence to the Claim by xxx on xx October 2014." the date for their half of this order has come and gone and I've had nothing. At the moment my defence can only be that there is no agreement since no agreement has been produced. I'm assuming they should have sent it to me as well as the court? This is a CC claim from a card that was taken out many years ago - around 2000 I think. It's in the small claims court. At no point since I disputed the account back in 2010 has anyone attempted to produce a copy of the CCA. Anyone have any advice on what I should be doing here? I have a feeling if the claimant hasn't responded to the court order they are going to lose by default when I put my defence in.

Name of the Claimant: MKDP LLP Date of issue: 01 Dec 2014 (Happy Christmas!) What is the claim for: The Claimant claims the the sum of 12,964.30 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendants account number was XXXXXXXXXXXXXXXX and was assigned to the claimant on XX/07/2011, 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 12,964.30 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. What is the value of the claim: 12964.30 + 410 costs Claim is for credit card Entered into the original agreement before 2007 Account assigned and transferred to the Debt purchaser who has issued the claim. Received nothing headed "Notice of Assignment" is this what it would have had to say? But they bought the debt during 07/2011 Did you receive a Default Notice from the original creditor?: I think from Mercers Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?: No there is nothing in our records to show this, we have kept all letters from DCA's, would this have come from Barclaycard or DCA? Why did you cease payments:- My Wife and I had the same employer which 9 years ago suffered an immediate and huge loss of revenue from a large customer, my promotion withdrawn, no bonus pay increases etc just after we bought a new house. Had to use cards to make ends meet, took secured loan to pay cards (HUGE mistake due to rip off rate rises that’s for another thread) with the intention of remortgaging after fixed period expired, unfortunately this was then 2008, so mortgages became unobtainable, and to use cards again to make payments, Later on employer paid us late so missed payment date on DD with credit cards, so Barclaycard rate jumped from 6.7% to over 30%, ended up juggling credit cards until breaking point in 2010, since then all unsecured debt has been on token payments as advised by C.A.B. Wife very ill in hospital while pregnant for three months then made redundant after having 1st child, became ill with post natal depression, not able to return to work. Managed to sell parts of property to reduce secured borrowing to less than half original amount and pay arrears at the time, still unaffordable though. Wife then ill in hospital with second pregnancy for nearly six months diagnosed pre-natal depression and then post natal, still being treated 3 years later. Hanging on by skin of our teeth trying not to lose house but most importantly mortgage, as with our now ruined credit record would be hard to get new one. PLEASE DELETE ANY OF THE ABOVE OR BELOW IF ITS IRRELEVANT OR TOO PRIVATE Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, originally with mercers who could not accept token payments officially but said to pay them anyway, but they quickly handed to Moorcroft, then when MKDP took over the account in July 2011, we received first contact in August 2011 we were very confused as their letters only listed their own Reference number and that it was for a Barclaycard debt, no credit card number to identify which card it was in relation to, my wife also has a Barclaycard debt that I became point of contact for and also an Egg card debt that keeps getting referred to as Barclaycard. At the time we were convinced that moorcroft had the debt and thought that due to the lack of detail on the letter from MKDP that it was a mistake. Then 1 year later Sept 2012 they sent another letter saying Final Notice and that they would transfer debt to pre-litigation department. We sent a letter to them a fortnight later, saying that we do not know which one of our card accounts this relates to as there was no account number in their letters, and could they send us some more info so we know which card they are dealing with. Just under 2 weeks later we had a letter from them to say that they were in receipt of letter and thanks for writing, that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received but no later than 8 weeks from the date of the letter. We actually got no response until late March 2013 but it was another letter saying that they were unable to resolve query and would liase with Barclaycard. They said they would conatct us as soon as a response received. Then another letter early April stating that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received Quickly followed a week later by a letter saying please find enclosed documents that you have requested RECONSTITUTED CREDIT AGREEMENT. This was weird as I had never requested this, I only wanted to know the account/card number. Even weirder was that included with the reconstitued agreement was a letter addressed to me from Barclaycard dated March 2013 referencing MY request for the section 78 information request. I made no such request and can only imagine that MKDP forged a letter from me to Barlcaycard in my name!!! Now having the card number we wrote to them at the beginning of May 2013 to explain our dire circumstances and to make a token payment of £5 per month as advised by C.A.B. Just over a week later they replied and said that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received, identical letter received in June, July and August 2013. We wrote again in November 2013 to say we had not heard from them as to whether they accept our offer of payment. (all this time we were unable to pay them token payments as they had not provided any bank details) We then heard nothing from them for over a year and assumed they had passed the debt on, the period of silence has become quite common when there are gaps between DCA’s that we have dealt with. Then this month we receive the County Court Claim Form. I have contacted Barclaycard customer service who deny that MKDP contacted them since the debt was sold and certainly was not liasing with them, they said the the debt with them is effectively settled and is now sole responsibility of MKDP and has need since July 2011. So all of the afore mentioned letters from MKDP are lies! What can we do next, we have no money to pay anything other than token payments, our income and expenditure still shows serious deficit. I don’t believe that this should be going to court as they have dealt with this account poorly and obstructed us from payng them any money. We HAVE been in contact with them! I feel that trying to claim the full amount owed through court when they will only have paid a fraction of the amount for the debt is totally unjust. I owed the original amount to Barclaycard, they have written that off now. They may have tried phoning throughout the process, but I never answer again as advised by C.A.B. Should I try to speak to them over the phone to point out their shortfalls in the hope of them withdrawing court action? Never been to court before and am afraid, don’t know what to do for the best, please help!

To my dearest CAG friends, I hope you are all well. It has been a lifetime since I have been on here for advice. I have some very dear friends (Mr & Mrs W) who are in desperate need for some help. A DCA, MKDP LLP are chasing funds (of less than £1000) for a credit card balance. Reading through their paperwork (in my limited knowledge) Mr & Mrs W may not have followed the procedure correctly in replying back to court documents. Let me give you a brief overview. Debt was assigned from HSBC to MKDP LLP on 13 March 2013. Mr W requested a copy of the signed agreement from them. One year later (12 March 2014) an ineligible copy was finally sent through which was a copy of opening a bank account not a credit card. 29 May 2014 Claim form received from Northampton County Court Business Centre POC reads: The Claimant claims the sum of £xxx.90 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 13/03/2013. The Defendant(s) account number was xxxxxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc. The Claimant claims the sum of £xxx.90 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. They did not complete the AoS instead they replied with a letter dated 14 June 2014 with the following: Dear Sir/Madam, With reference to the above, I can see that there is nothing for the Court to deal with as I have said that I would be happy to pay upon proof of the debt which MKDP LLP have failed to provide. 16 July 2014 Mr & Mrs W received Notice of Proposed Allocation to the Small Claims Track which said the following: TAKE NOTICE THAT 1. This is now a defended claim. 2.It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Direction Questionnaire (Form N180) and explain why. 3. You must by 4 August 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties. 24 July 2014 Mr & Mrs W received from MKDP a copy of their Directions Questionnaire where they requested Settlement/Mediation. 6 August 2014 Mr W received a General Form of Judgment or Order They had failed to file the Directions Questionnaire with the courts. They duly completed one on the 13 August and hand delivered it to the Courts. 16 Sept 2014 Mr W received a phone call from the Mediation department. Mr W disputed the debt saying he was waiting for a copy of the credit card application. Mediation department said they would go back to MKDP to request said form. MKDP told the mediation department they were in possession of a document with a date stamp (1996) which did not require a signature from the bank. The conversation ended with a 'see you in court.' 26 Sept 2014 Mr & Mrs W received a Notice of Transfer of Proceedings stating to all parties, This claim has been transferred to the County Court hearing centre listed below for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation. 12 November 2014 Mr & Mrs W received a General Form of Judgment or Order stating: Before District Judge xx sitting at the County Court... UPON considering the file and there being nothing like a defence document filed IT IS ORDERED that:- 1.The defence is struck out 2. The Claimant may enter judgment forthwith without further order 3. Any party affected by this order may apply to have it set aside or varied or stayed such application must be made within seven days after the date when this order was served on the party applying. Dated 20 October 2014. Mr & Mrs W responded with a letter dated 19 November 2014 stating: With reference to the above judgment I am requesting this be set aside. The Notice of transfer Proceedings dated 24 Sept state that I should have received a notice of allocation, of this I have never received. It would appear from this last document that I should have submitted a defence document, this I was totally unaware of as this is the first time that I have been in this situation. Could the court advise if this situation could be resolved and if so what action is required of me at this point. 24 November 2014 Mr & Mrs W received a letter from the courts advising they need to complete a N244 form within 7 days which is where I am asking for help. I feel so sorry for them as they should have asked for help. From the mediation it has gone straight to judgement. As such, please could someone advise how we complete the N244 form to help them with their case. It must be completed asap. Thanks so much Big hugs x:)x

Hi All, I'm hoping someone here can assist me with MKDP/Compello/Raven etc. For some time (years) I have been receiving letters from the above to my mothers house about an outstanding debt to Welcome Finance, I was duely ignoring them as I was not aware of any debt. Some time ago I re-registered on the electoral role after getting married and moving to a new house with my now wife, it would seem this meant the "group" knew to send letters there instead. I finally decided enough was enough when the "group" started calling the house, and so wrote them the attached letter. They responded after a few days saying they would supply the requested information which arrived today In the envelope they sent is a signed Welcome Finance Personal Loan Agreement that I had taken out in 2003 and several "Welcome Financier : Loan History" sheets showing direct debit payments that I had paid with the final one on the 22/02/06 (which is when I started University not that this is relevant). Then there is an entry for a "Cash Payment" on the 22/12/2008 which I have no recollection of at all. I guess my questions here and advice I require are: By my asking for proof of the debt mean I have accepted knowledge of it? I believe this is to be Statute Barred this year even working off this dubious cash payment date? Could it be possible this Cache payment has been fictitious added to skew the dates? Thanks in advance, Glenn

I have been working abroad for a few weeks and returned today to a claim form from MKDP LLP issued on 11th July for an old Barclaycard debt. What is my best method of dealing with this?

Hi I recently received a court claim from MKDP who had bought an old Barclaycard debt . I duly asked for copies of the Credit agreement, default notice and assignment . This was ignored as they claimed they did not have to provide this until the hearing . I ( after getting some advice) filed a counter claim under CPR 31.14 . I duly attended a hearing earlier this month and won ( icluding costs) . MKDP was order to provide these documents by the middle of October and I would then on this basis submit a defence 21 days after . Only problem is that I have heard nothing since and phoned the court today who told me they had not recieved anything either . I am now stumped . What do I do now ? I have looked on the internet but can only find enforcement notices for claiming money back but do not think that is correct .? All help gratefully recieved .

Hi I would appreciate some advice please. I received a claim from MKDP, issued by Northampton CC. I submitted an Acknowledgement of Service. I now have until October 7th to submit a defence. I sent a CPR 31.14 to MKDP, to which they have replied, stating: 'Unfortunately at this time we are unable to fulfil your request and as such we will need to liase with the original lender to request the appropriate documents. We will forward these to you upon receipt but this may take up to 8 weeks. However we draw your attention to the fact that this claim is for a balance less than £10,000.00 and the normal track will be the small claims track which is governed by the Rules and Practice Directions of CPR 27. This means that part 31 of the rules is not applicable to your claim pursuant to CPR 27.2 (1)(b) and CPR 31.1 (2). It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assists in reaching settlement. It is also worth noting that we are required to file and serve on you and the Court copies of all documents upon which we intend to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim in compliance with CPR 27.4. Please note that now a claim has been issued it is your repsonsibility to file a response and we may enter judgement if an Acknowledgement of Service or Defence is not filed at the appropriate time. For the avoidance of doubt i t is our contention that you are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents. I have tonight just spoken to the company as this has been an ongoing issue with them. When they initially acquired the debt, they moved the default date by 6 months, to which I raised a dispute (dispute raised in March 14.) Equifax supported me in getting the default date reinstated to its original date, but since that dispute, MKDP have been sending me letters saying 'unfortunately we are unable to supply you with documentation at this time.' I thought nothing of it (as I believed - naievly - they would continue the 'paperwork' route until they could enter into an agreement with me) until I received the claim. I spoke to the company tonight, as I wanted to know why they went to court if they were still sending me these letters. The company told me on the phone that they requested the documents from HSBC and so far they have received 17 pages of statements. The debt is an HSBC credit card which was opened in 2005. The amount is for less than £10,000, and I defaulted, due to redundancy just over 2 years ago. My question is - I am now unsure as to what to plead as my defence, or how to go about writing this. Everything seems tied up with legal jargon, and I don't want to write something wishy washy which may mean a judgement is made. Advice appreciated. Thanks

Hi, I am new to the forum and have found it useful so many thanks. I have a credit card debt that I have not been able to service for around 2 years due to the financial crisis. I am just starting to get back on my feet. Barclaycard have in the past served me with a default notice etc but have never informed me that the debt has been purchased, transfered or otherwise to MKDP. Last week I had a court summons arrive (just as I was about to go on a much low cost get away holiday for a few days). I have submitted my acknowledgment of service via the web and I am now starting to prepare my defence etc. I am drafting my CPR31.14 to MKDP, along with a CCA and this will go to them on Monday by recorded delivery. Below is the draft of my defence I intend to send to support myself to the courts in Northampton. I would be grateful for any opinions etc that anyone could share and / or give me please. Tanks in advance. "The claimant claims the sum of £3680.78 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 xxxxxxxxxxxxxxx and was assigned to the claimant on 13/06/2013, 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 £3680.78 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 xxxxxxxxxxxx Between MKDP = Claimant and Mr X = Defendant DEFENCE 1. I, Mr X of 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 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 dismissedon 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 Mr X Defendant

Hi, I want to get my house in order so need some advice on what to do. Back in late 2007/early 2008 I got an unsecured loan of £2000 from Welcome. At the time it was set out at 25 payments of £199 I made payments for a while until I was out of work paying what I could and when. in late 2008 they renegotiated my loan and setup a new one. These are the details of what they said 61 payments @ £ 85 current Balance £ 3,771 I got a settled mark on my credit file and another loan was setup now showing several months with a 6 mths late mark on each of these , this left me with a bitter taste in my mouth and was stupid to set this up, to cut a long story short I haven't paid a thing because I felt as though i was ripped off, I want to start paying it off but feel that it was underhand what they did at the time. I believe I was sold various PPI's etc which may have esculated the total loan. What should be my first step, I have no paperwork as I buried my head in the sand. Thanks to anyone who can help.

Greetings all Following a lot of reading here, the following is my current state of play with a claim received from MKDP LLP. At the end is my proposed Defence to the Court. Name of the Claimant ?MKDP LLP Date of issue – 26th June 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. What is the value of the claim? £8410 Is the claim for a current or credit/loan account or mobile phone account? Old credit card When did you enter into the original agreement before or after 2007? 1980s Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments:- Change of circumstances Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Amount claimed £8000 Court fee £410 Total amount £8410 Particulars of claim The claimant claims the sum of 8000 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 XXXX and was assigned to the claimant on XX/XX/2011, notice of this has been given 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 8000 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. I acknowledged service on 14th July. CCa sent My CPR request: 14th July 2014 1: the agreement. 2: the assignment 3: the default notice 4: the termination notice 5: statement of account Their response: We write with reference to your recent request to inspect the documents referred to in our statement of case under CPR 31.14. Unfortunately at this time we are unable to fulfil your request and as such we will need to liaise with the original lender to request the appropriate documents. We will forward these to you upon receipt but this may take up to 8 weeks. We draw your attention to the fact that this claim is for a balance less than £10,000 and the normal track will be the small claims track which is governed by the Rules and Practice Directions of CPR 27. This means that Part 31 of the Rules is not applicable to your claim pursuant to CPR 27.2(1)(b) and CPR 31.1(2). It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assist in reaching settlement. It is also worth noting that we are required to serve on you and the Court copies of all documents upon which we intend to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim and in compliance with CPR 27.4. Please note that now that a claim has been issued it is your responsibility to file a response and we may enter judgement if an Acknowledgement of Service or Defence is not filed at the appropriate time. For the avoidance of doubt it is our contention that you are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents. My proposed defence to be filed: 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 XXXXXX, 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 1 is neither admitted nor denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim. Until such time the claimant can comply with my section 78 request and CPR 31.14 the claimant is prevented from enforcing any agreements or seeking any relief. 2. Paragraph 2 is denied that any notice of assignment – as required by section 136 of the Law of Property Act 1925 and by section 82a of the Consumer Credit Act 1974 – was received on or after 17/9/2012. 3. Paragraph 3 is denied that any statutory and valid default notice has been served on the Defendant. 4. Paragraph 4 is denied the claimant has complied with any pre action protocol and has yet to respond to my requests for clarification. It is denied the Defendant owes any monies to the Claimant and the Claimant is put to strict proof to: (a) Show how the defendant has entered into the agreements (b) Show how the Defendant has reached the amount claimed for © Show how the Claimant has the legal right, either under statute or equity to issue a claim by way of a Notice of Assignment and evidence of its service On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxx for a copy of the notice of assignment, default notice and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants solicitors on xxxxxxxxx. The claimant has yet to comply. On receipt of this claim form the Defendant requested a copy of the credit card agreement by way of a section 78 request dated xxxxxxxx. The Claimant has yet to comply. Therefore the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 5. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed. 6. 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. 7. 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. Is this appropriate as a filing? Thanks to all who have contributed and have let me get this far. I hope I haven't yet made any blunders.Any other guidance greatly appreciated, please just let me know if I am good to go with the above.

all Been a long time since I last was on here, here is my issue that is currently stressing me out as this company is not taking "No" for an answer and are now being very aggressive..... This alleged debt has been with a number of different collection agencies every time I send them the same old £1.00 postal order to get a copy of the alleged Credit Agreement every time with them saying "Oh we don't have it, go and get it from the original creditor". Now this lot started back in beginning of 2012 again I sent a £1.00 postal order and every month they came back saying "Oh we are still waiting for HSBC to provide us with it". Then all of a sudden when I advised them that they are in default of my request by over a year they then say "Oh it's not a Credit Agreement but a Bank Account". Erm ok I don't believe you because I do remember I had some form of credit because with the last lot of collection agencies in 2010 the balance is for the same amount with a different HSBC/First Direct Account Number...... Very interesting. when I made the £1.00 postal order payment to the previous collection agency for a copy of the alleged agreement they told me they "Didn't have it" so what did they do? Make it look like I made a payment to the account instead, good job I kept all the letters from that long ago to prove what the £1.00 was for. MKDP are saying it's a "Bank Account" now and not a "Credit Agreement" which I know for a fact what it is, but I am standing my ground here and have not admitted anything to them, I sent an SAR request posted signed for on delivery with a £10 postal order got a reply back yesterday what have they sent? Screen shots of payments made to the alleged account, no statements from the original creditor, no explanation as to how the debt came about as on the screen shots they sent over show a balance of £0.00 "LOL" and no Deed Of Assignment I have sent them an email over saying they have not complied with my request and will now await to see what other B.S they come up with. Finally in the letter you will not believe what I caught them out on and I pointed this out in the email, the balance they say I owe was originally £1381.86 it is now £1371.86 I think what they have done again to prevent it going Stat Barred is place the £10.00 postal order I sent for the SAR request on to the account to make it look like I have made a payment, they are in fact breaking the law and what also looks like committing fraud I would say. I am trying not to stress over this but would you guys think it would be best for me to make my SAR request directly to HSBC and advise MKDP that I have done so? As far as I am concerned this debt is in dispute and if it goes to court I will sue them for the amount of stress they have placed on me over the last 18 months. Any help guys would be totally awesome. Thanks All.

Hi Claim form received dated 16th May: The defendant claims the sum of £2xxx being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and BC. The defendants acc no was xxx and was assigned to the claimant on xx 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 CCA74. The claimant claims the sum of £2xxx and costs. The claimant has complied , as far as is necessary, with the pre-action conduct practice direction. I have received the NOA The default notice is deficient in time (slightly) and wording (greatly) The agreement is the original (not reconstituted) and is not signed by the creditor I have not read the terms provided as yet but will be doing so tonight and correspond them with the agreement and statements Their POC do not claim statutory interest They do not mention termination notice The account is not SB They do not mention statements provided Any advice on the above would be greatly appreciated Many thanks Alloyz

Hi guys/girls im new to this so here goes, I had a loan with welcome finance that wasn't paid back, it was removed from my credit file in March 2014. i have just check my credit file again and it seems the same debt is on again as a default this time with MKDP LLP, i called them to see what was going on and they said i have made a payment of £15 in 2010 which i certainly didn't, so i asked them how it was made and to who, they told me they only have it down as a transfer,no bank details ect. so i called the credit agency and they said if i would of made this payment it would have to be reported to them and of this was the case why was it removed this year if i acknowledged the debt back in 2010?? it doesn't make sense and no one has any answers for me.

I received a letter from "MK Rapid Recoveries" regarding a debt on a Barclaycard which I have never had. They have indeed put a default notice on my credit file. anyone know how to rectify that? ( sorry never had this before)

I took a £20k secured loan out about 1 and a half to 2 years ago now and been paying the extortiante rates back since. Never missed a payment till now. Ive hit financial difficulties and need some help. I believe my CCA in incorrect and am considering putting it into dispute also. I sent of the subject access request and the CCA request along with 2 seperate postal orders. One for £10 and one for £1. I received a letter today saying thanks for the requests but please send a cheque for for £1 and the £10 !! My postal orders were no where to be seen or even mentioned in the letter !! Totally Stolen by Welcome !! Whats the best route now? I really dont want to send cheques as ive heard they can uplift signatures. I sent them recorded delivery and never signed the letters as I was told just typed my name. Help !

Just making sure that everything I have done is correct. hubby got a claim form this week with an issue date of 10th March. So far i've acknowledged and am defending the whole amount, have sent HSBC a CPR 31.14 and have SAR'd them. THE HISTORY Originally hubby had a credit card, got into difficulty paying it off but all payments made were on time. They called him into the bank and offered him a managed loan to pay it all off which he took. We got into financial difficulties so hubby stopped paying it, he has had loads of letters which he hasn't kept so I don't know what they have sent with regards to the CPR request but am going with it all. The managed loan was then put onto his bank account which he hadn't used for ages, this is years ago. Now some time in the last few years he got a tax refund which was paid into this account, we don't know when but the SAR will tell us. Apart from that the account just hasn't been touched at all for about 10 years or so. So I don't think that there is anything else I should do at present except wait.

I noticed last year (2013) that MKDP has entered a record of a CCJ and default out of the blues against me on my credit file. As I have never had any dealings with MKDP whatsoever, I called to challenge the entry on my file. MKDP claimed they had bought a debt i owed to Barclaycard. For the record the Barclaycard debt was settled/satisfied in 2009. There is a record to this effect on my credit file. I went to the court and I was successful in having the CCJ set aside. Following which MKDP then took me to court claiming that I owed the best part of £5K. The District Judge on the 18th of June 2014 struck out MKDPs claim as she had directed on two different occasions that MKDP provide evidence that I owed Barclaycard, and MKDP still did not provide the evidence.. .I'm guessing because they had nothing to present. MKDP's request afterwards for an appeal was also denied. MKDP has also not made any request for an appeal of the decision to a higher court within the 21 days allowed by law. This in effect means MKDP can never again come after me for this fictitious debt! Now to the crux of the matter, MKDP is still insisting, despite the court judgement, that I owe them and thus have to pay them before they remove the default record from my credit file. I have written to Equifax attaching a copy of the judgement. But, to my amazement, Equifax have written back advising that the default record entered by MKDP cannot be removed as MKDP are of the opinion that I still owe them. Equifax have advised that the record can only be removed at the behest of MKDP. So, please what can I do legally to get this fictitious record on my credit file removed. Is the court judgement not enough to get it removed? Can MKDP still insist on me paying a debt that I do not owe and that the courts have also adjudged that I do not owe? Despite the fact that there is no legal means left open to MKDP it appears I'm still being held to ransom by this dodgy company. ..is there nothing I can do legally?

Hi there. I have a court summons pending with MKDP. I have read through lots of threads on this site, which have been a great help and enabled me to get some way down the line. I would just like to consolidate where I’m currently at, as this part becomes somewhat vague in the existing threads. I would be very grateful for any advice on my next steps. Debt details: HSBC Bank: Loan Started: 2004 Defaulted: 2007 Random debit card payments made here and there up until 2012, so the debt is not statute barred, but no longer on my credit file. I can’t remember anything about the loan - PPI, other penalty charges - even the original amount! County Court Claim: Issue Date: 01 May 2014 +5 for Service: 05 May (actually received on 09 May) +14 to Acknowledge: 20 May +14 Extra: 02 June Amount Claimed: £2,005.00 Court Fee: £105.00 I have decided to defend, as I moved in 2010 and have only just been tracked down at my new address, so did not receive a NOA. I also have no idea how the claimed amount has be calculated. I should have received a response from MKDP before today (unless the +5 service is also applicable to them?), but I haven’t, as of yet. I’m becoming conscious of the increasingly tight time frame. More details below. Other Info: Claim Form received: 09 May (evening - slow postal service) Sent response (as per below): 12 May (both 1st Class recorded delivery and £1 postal order receipts filed) Signed by MKDP: 13 May Acknowledgment of Service: 19 May (online) Response: None (as of yet) Particulars of Claim: The Claimant claims the sum of £2,110 being monies due from the Defendant(s) to HSBC Bank plc under loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on 13/03/2013. Notice of assignment has been provided to the Defendant(s). The Defendant(s)’s loan account number was [emitted]. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to the Consumer Credit Act 1974 by HSBC Bank plc. The Claimant claims the sum of £2,110 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. Response to MKDP: MKDP LLP Fleming House Seebeck Place Knowlhill Milton Keynes Buckinghamshire MK5 8FR 12th May 2014 Dear Sir/Madam Re:- County Court Claim No. [Emitted] With reference to the above County Court claim, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned. I understand a copy of the credit agreement should be supplied within 12 working days. 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. I look forward to hearing from you. Yours faithfully [Emitted] Thank you for taking the time to read the above. If I’ve missed anything, please let me know. Any advice on how to proceed would be gratefully received.

Hoping someone can help with the above. I've just received a claim form from MKDP LLP for an old HSBC account. I defaulted over 3 years ago on an overdraft of £1000 and a credit card for £5000. To cut a long story short I ended up in serious financial difficulty and could not afford to continue repayments, and seeing as HSBC were the primary cause of these difficulties I wasn't going to prioritise repaying them. Having read a few threads regarding MKDP on here and seeing the quotes about them issuing these 'like confetti' in the hope of getting a CCJ by default, I'd appreciate any advice on how to go about defending the claim. The particulars of claim column only refers to a bank account facility (it lists the account number) and makes no mention of the credit card - the two debts were bundled together once I defaulted. So at face value it looks like they are claiming for an overdraft debt of over £6000 when the overdraft was only £1000 and the rest was a credit card debt. Should I request a statement showing how they have reached that figure? Or is this standard procedure, and if so should I go down the road of requesting a CCA? I'm surprised at their decision to pursue this course of action as any background checks would have indicated they are wasting their time. I have no income or assets and cannot claim anything because of my partner's income. Any advice would be most appreciated, thanks in advance.