MKDP/barclaycard claimform - will need some help please!

[Old Cogger]

Has anyone heard back from the court yet?

 

I am getting daily telephone calls from MK but no message is left but I did answer today out of curiosity and it went straight to a message stating that it was a non urgent call and to telephone them on a specific number.

 

I won't be rushing to do that!

 

Spoil sport Why Not lol

[i hate banks]

Have not heard anything as of today . Strange how they are calling you ?

[AndyOrch]

Need to check on BL and Situp Dotty.Can you post to their threads and prompt response?

 

Andy

[Dotty50]

Iv'e asked on their threads Andy.

 

It's sitdown not up! , unless their's another one that I'm not subbing to?

[AndyOrch]

Sit up sit down sit up, have you ever had that feeling when you wanted to go......no theres only one user sit up:lol:

[Dotty50]

I was just having a look at my file for another claim (different CC) that I defended a while ago and the court issued a letter back to me the day after my defence was submitted, so could they just be struggling to get through things because of the double bank holiday?

 

I have checked on MCOL and it shows that my defence is there, I did have a bit of a panic thinking that I had missed the submit button!

[bradfordlad]

That's exactly what happened to me this morning!

[bradfordlad]

Hi Dotty,

 

any progress / news with yours? Not heard a peep from anyone on mine - wondering whether I should make a move......

 

BL

[Dotty50]

No BL still not heard anything but I've just not had chance to do anything yet!

 

I will let you know if I hear or do anything.

[sit down]

Hey Dotty,

 

I've not been on for a few weeks cos I've not received anything yet from the court, MCOL or MKDLLP. Anything received by anyone else?

[i hate banks]

I also have had nothing back from the court .

[Dotty50]

No still not heard anything from anyone.

[AndyOrch]

So all of you at the same stage and no response, what is the stayed date Dotty?

 

Andy

[Dotty50]

Hi Andy, Isn't it 28 days after MK are sent my defence?

 

As the court have not sent any acknowledgement, I can't answer your question but the date I submitted was 1st June (the last date to submit was the 6th) which was the friday before the long bank holiday, I think we're all at the same stage yes so should we contact the court to check?

 

Maybe Northampton can't cope with all these claims being issued?

[AndyOrch]

Ok so anytime now ie 6th July 2012 but you all should have received notification from Northampton that your defences have been forwarded to the Claimant

and the 28 days etc etc......to respond or stayed.?

[Dotty50]

That's what I thought Andy, I'll leave it until next week and give the court a call I think.

 

Thanks for popping in, I will update any progress as and when.

 

BTW are you the only legal expert around nowadays?

[AndyOrch]

No theres a plethora of experience here on CAG:wink:

[Dotty50]

No theres a plethora of experience here on CAG:wink:

 

I know, its just that there only seems to be you helping on with the legal issues now. Not that I'm complaining, I guess your http://www.google.co.uk/imgres?imgurl=http://humordistrict.com/wp-content/uploads/2010/02/31JQ90ZGGDL._SL500_AA280_.jpg&imgrefurl=http://humordistrict.com/2010/02/10/blockbuster-secrets-wolfman-avatar-stretch-armstrong/&h=280&w=280&sz=8&tbnid=9DBSTb3iMhwogM:&tbnh=90&tbnw=90&prev=/search%3Fq%3Dmr%2Bstretch%2Btoy%26tbm%3Disch%26tbo%3Du&zoom=1&q=mr+stretch+toy&usg=__AY7gNb4bJNXkia2ObSmBytaKcEM=&docid=6IcdzqHpATFUkM&hl=en&sa=X&ei=HlLzT6HfGsua1AWrk7SwCQ&ved=0CHgQ9QEwBQ&dur=3810

 

[vint1954]

With this one the DN I had wasn't issued by BC, but Mercers and was slightly out on date but I believe this can be acceptable nowadays!

 

 

Not at all Dotty. Brandon v Amex appeal, faults with DN's cannot be deemed de-minimus.

 

Vint

[Dotty50]

Hi Vint, how's it going with you?

 

Thanks for posting that, I'm obviously reading the wrong threads!

[vint1954]

I Dotty,

 

Not too bad thanks.

 

The Brandon apeal kind of blew the de-minimis issue surrounding DN's in our favour.

 

Also, I thought that the creditor had to be clearly identified in the DN, not thier agents.

[Dotty50]

Nice to hear of something in our favour!

[mystery1]

I Dotty,

 

 

 

Also, I thought that the creditor had to be clearly identified in the DN, not thier agents.

 

http://www.johnpughschambers.co.uk/Consumer%20Credit%20%28Enforcement,%20Default%20and%20Termination%20Notices%29%20Regulations%201983.pdf

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and a postal address of the debtor or hirer.

 

 

 

M1

[vint1954]

http://www.johnpughschambers.co.uk/Consumer%20Credit%20%28Enforcement,%20Default%20and%20Termination%20Notices%29%20Regulations%201983.pdf

 

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section

87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section

88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

(b) the information set out in paragraphs 1 to 3, 6 and 8 of Schedule 2 to these Regulations; and

© statements in the form specified in paragraphs 4, 5, 7[, 8A] and 9 to 11 of that Schedule.

 

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and a postal address of the debtor or hirer.

 

 

 

M1

 

Thanks M1, thought it had to be the creditor.

[mystery1]

Thanks M1, thought it had to be the creditor.

 

 

Be strange for an account to be sold before a default notice was issued though so chances are ..

 

 

M1