MKDP Court Claim BC debt - Help Please

[Dhuml]

Hi All,

 

I am new to this, even though I did register some time ago.

I have been silly and not taken control of my financial problems and had my head buried in the sand.

 

As you probably can gather I am not the sharpest tool in the box and would appreciate your help in steering me in the right direction.

 

I have received a N1CPC claim form issued by MKDP LLP dated 13th May 2013.

 

The POC are as follows:

 

The Claimant claims the sum of £6,***.**

being monies due from the Defendant to the Claimant under regulated agreement originally between the Defendent and Barclaycard.

 

The defendant's account number was **** **** **** **** and was assigned to the claimant on ,

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 persuant to the Consumer Credit Act 1974.

 

The claimant claims the sum of £6***.** and costs.

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

 

I have not replied back yet and was hoping to find out what my first steps should be?

 

Should I send a CPR 31.14 request and a SAR?

 

I beleive they dont have a signed agreement unless they have photoshopped it.

In the meantime should I request more time from the courts to prepare my defence?

[Dotty50]

Hi Dhumi,

 

I'll ask the site team to set up your own thread, then give us a brief history and what, if any action you have taken and people will assist accordingly.

 

Having your own thread saves any confusion on this one, but by posting on here you will get updates as things develop so you will be able to compare notes, so to speak.

[ims21]

Hi Dhuml

 

I have created a new thread for you here. Please use this thread to carry on your discussion regarding this claim.

Edited May 16, 2013 by ims21
Spelling

[citizenB]

This is your time line.

 

Issue date 13th May + 5 days for service = 18 May + 14 days to acknowledge = 1st June + 14 days to submit defence = 15th June.

[citizenB]

Yes, you do indeed need to send a CPR31.14 request if you do not have ..

 

copy of the agreement

Notice of Assignment

Default Notice.

 

You will also require statements or a statement of account showing how the balance being claimed has accrued.

 

Did you ever receive the DN or NoA ?

[citizenB]

Most Default Notices issued out of the B/shark camp were invalid anyway as they were issued by Mercers (even though Mercers are B/shark t/as Mercers).

[citizenB]

Can you let us know what date you entered into the agreement originally.

 

Had you ever sent B/shark a CCA request and did you receive a copy of the agreement.

 

Do you have scanning facilities as we may ask you to scan, edit and post up some documents.

[Dotty50]

Deleted

[Dhuml]

Thanks citizenB for your replies. I will send a CPR31.14 request and SAR. I dont believe I recieved such letters from MKDP. Ill have a dig around see if I have a copy of the agrement but I doubt it. If I do I will be able to scan them.

 

Thanks

[dx100uk]

you need to cca MKDP

 

SAR BC

 

by RD 1st thing tomorrow.

 

it doesn't matter if YOu have the agreement, THEY need it to proceed

 

there are lots of these claimforms from MKDP doing the rounds

they hope you don't defend

when you do

they suddenly discover they don't have the required docs and withdraw

 

don't forget to go for LiP costs if they do @£18Phr

get your CRA file see if this debt shows too.

 

ack it online

 

defend all

 

dx

[citizenB]

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

 

You will find a draft CPR31.14 in the first post of the thread linked above.

 

You will need to read it carefully and delete /amend where necessary.

 

You can only ask for those items that are mentioned in the Claim form.

[Dhuml]

Hi DX and CitizenB,

 

I have not received a reply to any of my requests for the CCA and SAR from MKDP.

 

I am concerned as I need to put in my defence in the next day or two.

 

I phoned MKDP to see why they had not sent me the documents and was told they are waiting on Barclaycard.

 

Should they not have these documents to hand before they put in a claim?

 

MKDP also told me they will extend the deadline for my defence.

 

I dont trust them so I would like to send a blanket defence.

 

Is there a template that I could use in this forum?

 

DX can expand on the last part of your last reply

 

"don't forget to go for LiP costs if they do @£18Phr

get your CRA file see if this debt shows too.

 

ack it online" what are LiP Costs and how do you ack it online?

sorry for being cluless.

 

Many Thanks

 

Dhuml

[dx100uk]

you ack the claim [MCOL]

 

as for litigant in person costs...

 

they'll not have the documents I bet.

they Should have them before court!!

 

 

they think they could get a default judgement without you knowing

 

your costs can be put in if they lose

 

dx

[clint1974]

Most Default Notices issued out of the B/shark camp were invalid anyway as they were issued by Mercers (even though Mercers are B/shark t/as Mercers).

 

Hi Would you be kind enogh to look at my thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?393760-Attempting-Default-Removal-Nram-amp-Barclaycard&p=4258498#post4258498 as i am hoping to get a default removed.

[Dhuml]

Hi All, Help needed for my defence.

 

Can anyone point me in the right direction as I need a standard/blanket defence template.

 

MKDP have failed to send me any documents (CCA or SAR requested).

 

Thanks in advance.

[citizenB]

I am linking you to a similar claim - have a look at post 26 - you should be able to base your defence on the one that stokes has drafted.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?392653-County-Court-Claim-Form-Response/page3

 

His defence is also due to be submitted tomorrow. You will see that he received an email this morning advising that it will take them 6-8 weeks to obtain the documents ??

 

This of course will be too late and the parties can only agree an extra 28 days between themselves. It seems to me as though there are having quite a few problems.

[Dhuml]

Hi citizenB and dx100uk,

 

I have eventually heard back from Northampton CBC, they have sent me a N149A notice of proposed allocation to the small claims track.

 

Mkdp have failed to send me a copy of the cca or sar that I requested.

 

I have been asked to complete a N180 Directions questionnaire. Please can anybody advise me what the best course of action I should take?

[citizenB]

I will send out an S.O.S for you. When do you need to return the Directions Questionnaire ?

[IdaInFife]

this should help

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

[slick132]

Hi Dhuml,

 

The link in Ida's post above refers to the old style AQ, not the new Directions Q're.

 

If you tell us what item(s) you are stuck on, we'll assist.

 

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?393977-Welcome-Finance-Hegarty-LLP-Court-Proceedings-Urgent-Help-Needed-!!!/page3

 

Post 56 Dhuml.

 

Regards

 

Andy

[Dhuml]

Hi DX and CitizenB,

 

I have my hearing in the small claims court on thursday 10th October 2013 and I still have not heard back or received a reply to any of my requests for the CCA and SAR from MKDP.

 

Can anybody me advise me how am i supposed to defend their claims if they dont supply me a copy of the CCA and SAR which they are legally obliged to do?

[slick132]

Hi Dhuml,

 

Is this a full or final hearing of your case.

 

Where you given any Directions from the court about submission of documents before the hearing. If so, please confirm what the Directions said and tell us if you sent any documents to the court or the Claimant.

 

[Dhuml]

Hi All,

 

Excuse my typing scanner on the blink..below are the directions given on the N157.

 

The following paragraphs set out the Judges Directions for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

The following directions apply to this claim.

1. Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later tha 4.pm on 27th septemeber 2013.

2. The original documents mut be bought to the hearing.

3. The judge may refuse to consider or take into account if a copy of it has not been sent to the other party as required by this order.

4. The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

5. Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court to arrive within seven days of service of this order.

To date I have not recieved any documents CCA or SAR from MKDP.. Please advise what can be done?

[slick132]

Hi Dhuml,

 

You have missed the deadline to submit documents and/or evidence to the court.

 

However, as the Claimant has also failed to provide you with documents in support of their claim against you as Directed by court, they may have jeopardised their claim to some extent.

 

In theory, they should not be able to produce documents in court which they failed to send to you 14 days before the final hearing. In practice, as both parties failed to follow the courts' directions, the judge may exercise his/her discretion and see what each of you has brought to court.

 

I think you will probably be best delivering a Witness Statement to the court tomorrow including copies of the letters that you sent requesting the credit agreement, Default Notice, etc. Your WS can say that you made requests under CPR31.14 and/or under s.78 CCA1974 requesting sight of the necessary documents from the Claimant as they were not supplied with the claim form. And that, to date, the Claimant has failed to respond to any of your requests.

 

I'll ask for further opinion to follow from Site Team if necessary.