barclaycard claim received. Dont know what to do !

[johannab]

Hello again,

 

I haven't been on here for a while. I have various ongoing credit and loan debts which I haven't paid since 2009. None of them produced a valid cca.

 

Barclaycard is the main one ( 5.5k) and today ,after months of nothing, I have received a claim form .

Over the last 3 years I have asked countless times to see the cca but they always just send t&c's and a poorly copied application form from over 10 years ago.

I also sent (january and april 2012) letters asking whether they 'do or do not hold an original signed credit agreement pertaining to myslef'. They ignored this twice and on the third attempt sent me copies of statements.

 

Its not as if I haven't tried! I have responded to every letter sent to me .

 

I know I have to respond in some way to the papers. I can simply acknowledge to buy extra time or just do a defence but I would not know where to start.

 

This is my first court proceedings and its pretty scary stuff.

 

Can anyone tell me if I should do this or just give in ?

[AndyOrch]

Hi johannab and welcome to CAG Legal forum.

 

Have you retained a paper trail of all your requests and their responses?

 

Regards

 

Andy

[johannab]

Hi,

 

yes I have overall. I have responses from various dca's as well as bc themselves. Plus copies and dates that I sent my letters on.

 

I must have sent in the region of 10 - 15 requests and responses . I need to dig it all though to be sure.

[Dotty50]

Hi johannab, who has issued the claim?

 

Don't panic, I've had one recently and it wasn't too difficult to deal with and Andy's already on board to assist!

 

Once we know who the claimant is it will make it easier to prepare

[johannab]

hi Dotty,

 

Ah I only just noticed that ! its MKDP , not barclaycard. I was so focused on the panic that I missed that.

 

Thanks for responding

[Dotty50]

I guessed it might be them, they have been issuing them like confetti recently!

 

Here's my thread, have a read and there should be some links to others.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-will-need-some-help-please!&highlight=

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?358394-Dotty-s-OH-another-claim!-Barclaycard-amp-MKDR-**CLAIMANT-DISCONTINUED**&highlight=

 

Here's my OH's, which you will see I dealt with in a different way but I can assure you they disappeared without much pressure in both instances!

 

Any question's just ask.

 

If you try to search for MKDP threads, or links on mine there may be a problem as there was a CAG upgrade recently which resulted in a lot of threads going missing, I know the site team are on the case but just thought I'd let you know.

[johannab]

Thanks Dotty, I will have a good read of those.

 

Its less daunting just coming on here and talking about it. Thanks so much.

[Dotty50]

You're welcome johannab, I'm not an expert on the legal side of it Andy's your man there but I can comment from my experience which has been very much the same for quite a few of us.

 

They issue without having the paperwork required and rely on peoples ignorance and end up getting default judgements.

 

What have they actually written in the POC?

[johannab]

It says

 

"The claimant claims the sum ££££ being monies due from the defendant to the claimant under a regulated agreement between the defendant and bc (4XXX xxx xxxx xxxx) and assigned to the claimant on XX-XX-2010, notice of which has been provided to the defendant.

the defendant has failed to make any payment 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 ££££ and costs. The claimant has complied ,as far is necessary ,with the pre action conduct practice direction"

 

I will look through my paperwork tmrw but I don't think I ever received an actual default notice through the post . I know its on my credit file though.

[Dotty50]

Whilst your searching for the Default notice, keep an eye out for a notice of assignment too.

 

Did they send a letter before action?

[johannab]

Hi, I have the assignment letter, that's from 2011.

No default .

The only letter before action I can find is one dated last year. Its from a solicitors firm with no address on it or reference to mkdp anywhere within it. It was the first and last I ever heard from them .

I will have another look around when I get in tomorrow eve from work to see if there is anything anywhere that I haven't filed properly .

Thanks

[johannab]

Hi, I am going to file my AOS tmrw .

I was reading your threads Dotty and after doing the AOS you prepared CCa request and CPR31.14 and sent to MK ....is that correct? So My first step is to ask once more for the documentation ? Do you have any good templates for these requests? I don't want to get it wrong .

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

Yes both to MK

[AndyOrch]

Excellent guidance here johannab from Dotty....she knows all about MKDP:wink:

 

Regards

 

Andy

[johannab]

Thanks so much . I have prepared those and will send them during my lunch break .

I was so upset when I saw the Letter last night but am already feeling much more positive thanks to you guys.

 

I wonder if I will get a response from them . I will post back accordingly

[Dotty50]

Don't forget to send the letters by recorded delivery and get your proof of delivery

[johannab]

Yes, thanks Dotty, sent off now . Will check tracking from tmrw.

[johannab]

hi again,

i checked online and can see these were delivered on the 18th . Nice and prompt!

 

I haven't heard back from them yet. I will post back here as soon as I receive word from them .

[Dotty50]

That's good, now you need to prepare your defence, don't hang about for them to respond you can always change it before you submit it.

 

What date was your POC?

[johannab]

Hi Dotty,

The date on the claim form is October 11th.

[Dotty50]

The N1 33 days ( 5 deemed served ) 28 days (14 to AoS) and if defending ( a further 14 to submit your defence)

 

So that's Tuesday 13th November by my calculations but I would be submitting it on the Friday before just in case of any last minute hitches with MCOL.

 

You can prepare your defence in a work document and then copy it over to MCOL

[johannab]

Thanks for that Dotty ,

 

I am going to go over your 2 threads this weekend to work out what to write .

I guess if they don't respond to my requests then that will contribute to my defence .

[Dotty50]

The link I put to my OH's thread has gone and I've asked the site team to investigate but the other one is still there and links within that to the others that have recently dealt with MK.

 

Yes that will be added ammunition for your defence jo.

[johannab]

Hello, don't know if anyone is around...

 

I read the link that Dotty provided. A lot of the defence is based on the vague POC. Mine isn't so vague as they have clearly improved their process slightly ! My poc states the bc account number and the date it was assigned (which matches the date on the letter they sent me).

 

My defence is going to be based on there being no cca or an improper cca.

 

I was reading one of the links within the link ; Johns case against Hillsden. His defence consists of 16 points and although a lot don't apply to my case I was thinking I could use and adapt the ones that do...

I am so rubbish at this, I don't know where to start. Even the langage and phrasing used in the statements is alien to me ! I feel like such a donut.

[AndyOrch]

P.o.C :-

 

"The claimant claims the sum ££££ being monies due from the defendant to the claimant under a regulated agreement between the defendant and bc (4XXX xxx xxxx xxxx) and assigned to the claimant on XX-XX-2010, notice of which has been provided to the defendant.

the defendant has failed to make any payment 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 ££££ and costs. The claimant has complied ,as far is necessary ,with the pre action conduct practice direction"

 

Example edit to suit:-

 

DEFENCE:

 

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with MBNA Europe Bank Limited.

 

2. Paragraph 1 is denied with regards to the Claimant being assigned the debt, neither the Claimant or MBNA have ever provided a Notice of Assignment pursuant to Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

3. Paragraph 2 is admitted with regards to a Default Notice being served by MBNA I will contend that the time allowed to rectify any breach was insufficient and that the Default Notice requested the full balance not the arrears which renders said DN invalid and not pursuant to the CCA1974.

 

4. Paragraph 2 is denied with regards to the Defendant not making payment to the Claimant 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Civil Procedure Rule 16.5(4), it is expected 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.

 

 

Regards

 

Andy