MKDP LLP Barclaycard debt from 2005 claimform - HELP PLEASE!

[Dotty50]

Well Andy, with all the people you help on here, the odd mistake is allowed!

[AndyOrch]

Thats just it though, I think its been copied wrong from one of my defences , just checked the original and its prove in my master.

[Dotty50]

Perhaps the Cag fairies have been at work just to keep us on out toes and make sure we are reading these links and not just copying and pasting willy nilly!

 

I hope the others have got themselves sorted, I've copied my completed defence onto MCOL and am ready to hit the button on Friday, the only trouble is I'm at work until 5 and I believe it should go by 4?

 

Sods law, I'll send it before I go into work and they I will get something in the post on Friday! (Unlikely, I know!)

[i hate banks]

POC :

 

The Claimant claims payment of the overdue balance due from the Defendant under an agreement dated XX-XX-05.

The Defendant has failed to make payment in accordance with the terms and conditions and a default notice has been served pursuant to the Consumer Credit Act 1974.

The Claimant has completed, as far as is necessary, with the pre-action conduct practise direction.

 

The Claimant claims the sum of £XXXX.XX and costs.

 

 

In the Northampton (CCBC) County Court

 

 

 

Claim number XXXXXXXX

 

 

 

Between

 

 

 

MKDP = Claimant

 

 

and

 

 

 

XXXXXXXXXX – Defendant

 

 

 

 

DEFENCE

 

 

1. I, XXX of XXXXXXXXXXXX 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 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 and default notice which form the basis of this claim.

 

6. At the same time 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. It has been confirmed via the Royal Mail website that the above letters were received and signed for.

 

8. To date no response has been received from The Claimant.

 

9. 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. Consequently, I deny all allegations on the particulars of claim and put The Claimant to strict proof thereof.

 

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

 

11. 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.

 

12. 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.

 

13. 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 has 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.

 

14. 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.

 

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

 

XXXXX.

 

 

 

 

It's cobbled together from various posts I've seen on here and any comments are welcome. Many thanks to all caggers, particularly Dotty50.

 

Hi the poc at the top of this post do i include it in my defence or is it for reference . Is this also the only part i send in for my defence at this time .

[AndyOrch]

No that was Sit Downs PoC dont include it.

[i hate banks]

Great is this the only paper i send in now as my defence ?

[AndyOrch]

Yes if you think its suitable for your particular P.O.C ,I know its the same claimant and I am monitoring all the summons issued. Ie You, Sit Down, Dotty50 and Bradford Lad.

You can copy and paste into MCOL on line no need to send.

 

Regards

 

Andy

[bradfordlad]

Hi guys, can I just clarify this line from point 9? ". I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim"

 

Might be me, but it doesn't seem to make sense. The first bit does ". I am at a disadvantage to respond to this claim ..." but the second bit " ...and to allow me to properly respond to the claim." seems like there's something missing at the end.

 

Could be just the way legal stuff has to be worded of course, but I don't want to submit anything that I don't understand.

 

Cheers

[AndyOrch]

9. 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 on the particulars of claim and put the Claimant to strict proof thereof.

 

Just tweaked it (its not one of mine Guv)

[bradfordlad]

That's better! Makes sense to me now....

 

Well played Maestro!

[sit down]

Cheers for the tweaks fella.

[bradfordlad]

When entering a defence on MCOL, do you have to maintain the formatting of the heading, ie - keeping it in the center?

 

Don't want to fall foul of a minor error!!

[Dotty50]

I shouldn't think it matters as long as it is correct.

 

I found the easiest way was to type it out in a word document and check for errors etc, once you are satisfied that it is ok, log in to MCOL then copy and paste it onto the defence box.

 

Then your original remains for your records.

 

If you have any doubt, you can save it on MCOL and ask any questions on here.

[robcag]

I shouldn't think it matters as long as it is correct.

 

I found the easiest way was to type it out in a word document and check for errors etc, once you are satisfied that it is ok, log in to MCOL then copy and paste it onto the defence box.

 

Then your original remains for your records.

 

If you have any doubt, you can save it on MCOL and ask any questions on here.

 

Good advice to type the Defence out first in another application - that avoids the possibility (probability!) of the MCOL page 'timing-out' which has happened to me in the past! To avoid that situation if typing directly on the MCOL page you need to save regularly.

 

Although things may have now changed, one thing to watch out for when copy & pasting is that not all characters paste correctly. I can't remember which ones they are, but ISTR they were punctuation or similar, not the letters themselves. A few years ago I submitted an 'embarassed Defence' at the last minute (almost literally) without noticing and only noticed when I printed it from the MCOL site. I can't remember whether I was using Word or Notepad.

 

Cheers

Rob

[Dotty50]

Hi Robcag,

 

I didn't notice any obvious errors when transferring it over from Word, so maybe it was a Notepad thing!

 

Anyway it's gone now so we'll see what happens next!

[bradfordlad]

robcag's right - mcol doesn't accept semi-colon's, of which there's one in one of the earlier point in the defence used.

 

I changed it to a comma. It grammatically ruined the sentence, but I guess I'll have to live with that for the rest of my life!

[Dotty50]

There aren't any in mine BFL, but then I can never remember where to use them anyway!

[Dotty50]

Have you heard anything from court yet sitdown?

[sit down]

Still nothing and we've now passed the 28 day deadline. Andy (or anyone else) - what happens next?

[AndyOrch]

The claim is stayed, so sit tight and review your options.Either you can lift the stay after a period and apply to strike out or they may lift it and apply for Summary Judgment.

 

Andy

[sit down]

Cheers Andy. Star man. How long a "period" though?

[AndyOrch]

Stays can be anything from months to years ( I have know 2 years ) but the longer its left the more difficult for either party to justify its application.

 

Andy

[sit down]

Here we go again.........

 

Nearly 2 years on from the original application to Northampton County Court

 

I have received letters from Marlin and Mortimer Clarke Solicitors

saying they will take the matter to County Court if I do not contact them re repayment.

 

When this was taken to Northampton by MKDP nearly 2 years ago

 

I sent in a defence thanks to anyorch, Dotty50 and bradfordlad.

 

No response to this was received and I assumed the matter stayed / closed.

 

Now these other sharks have begun to snap

 

what should I do and have any of the other caggers who were issued with claims from MKDP

2 years ago received similar letters?

[Dotty50]

Hi sit down, how time flies!

 

As Andy said in the previous post, allbeit two years ago, they do need to be able to justify their actions.

 

When did you first hear from Marlins? They bought a lot of old Egg accounts from Barclays in recent months but no one seems to be getting much hassle from them as far as I know, although I don't tend to spend too much time on here of late so others may know different.

 

I've never heard a thing on my MKDP claim since so maybe I'll be getting a letter too.

 

I've heard of Mortimer Clarke but not had any dealings with them so can't comment on how they might proceed.

 

I'm sure somebody else will be along to offer assistance, should it be required.

[AndyOrch]

Hi SD responding to your PM

 

Simply ring Mortimer Clarke Solicitors and tell them its already being litigated by another debt buyer (don't state the name let them try to work it out) and that you cant be sued twice for the same alleged debt.

 

Regards

 

Andy