CCJ from MKDP BC debt, ack'd online, send defence heard nowt, now got judgement by default!!

[johnt64]

In March 2013 I received a claim form from Northampton County Court regarding a barclaycard account

which was overdue and had been passed onto a company called MKDP LLP.

 

This was the first time I had heard about this company and the balance was for £9247.00.

 

I filed my defence using mcol stating that I did not owe all this money and sent a recorded delivery letter requesting a cca to MKDP LLP with a one pound postal order.

 

I have heard nothing at all either from the court or MKDP until today when I received a judgement for claimant from the court.

 

It says that I have not replied to the claim form and therefore I must pay the claimant the sum of £9247 plus £190 costs less the sum of one pound which I have already paid.

 

Although there is a balance outstanding on the account I am sure it is somewhere round the 5000 mark and the last payment was made in July 2011.

 

Can anybody advise me on how to proceed or is it a case of biting the bullet and contacting the above company to try to come to some arrangement any help would be greatly appreciated.

[ims21]

Hi

 

I have moved your thread to the Legal forum where the guys will be along to help as soon as they are available.

 

Are you saying that you did not receive a notice of a hearing date from the court?

[BankFodder]

Follow the link to see how to apply for a setaside.

 

Send an SAR to the creditor and get all the info you can about the alleged debt.

 

Also renew your application for the CCA. Point out that you made the application on XXX date and that they have misapplied the funds and that they are in breach

[johnt64]

Hi thanks for the quick response to my post, I thought I may have posted in the wrong place. No I have only received the two items of correspondence firstly the claim form and then today the judgement.

[citizenB]

How can they say you didn't respond to the claim form if you filed online ?

 

Did you print off the receipt from MCOL when you filed your defence

[johnt64]

I didnt print off a receipt at the time however when I checked today it states on my case notes that I submitted my defence on the 14 March 2013. Am I correct in assuming that the creditor in this case is now MKDP and no longer Barclaycard thankyou for the links

[citizenB]

It looks like B/shark might have assigned the account if MKDP were the claimant.

 

What you need to do is attempt to get this judgment set aside. I have asked someone to look in and help. Can you go back to the MCOL website and take a Screen Print of the section where it states you have submitted your defence.

 

That way you have proof that you did indeed submit a defence. If you can do that now. Then I wonder if it would be worth telephoning the court first thing in the morning and ask them why they have issued a Judgment in Default when you have proof that you submitted online.

 

I suspect you will still need to make the application to set aside. But it is worth the try.

[johnt64]

Hello just to keep you updated phoned the court and explained the situation to them. The guy I spoke to was very helpful and couldn't understand why they had passed judgement. I still have to make the application to set aside but he didnt think there would be any issues there at all. He was also surprised that they used my one pound postal order as a payment towards the debt instead of supplying me with a cca as requested. I inquired as to whether or not I should contact MKDP and inform them that I was submitting an application to set aside and he told me there was no need. So application sent off also a further cca request sent to MKDP and also a sar request sent at the same time in separate envelopes. When I hear anything further I will post on here. Many thanks for all the advice given up to this stage.

[SWLABR9]

Did you write on your Postal Order anything like ''FOR STATUTORY FEE ONLY'' or did you simply send it blank?

[johnt64]

Hi no I just left it blank as I assumed the letter that accompanied it provided quite clear instructions as what is was for

[johnt64]

Now I am worried as the cheques I have sent are just made payable to mkdp

[catquest]

It's a very common malpractice to credit the £ 1 to the alleged account.

Possibly an attempt to restart the 6 year SB clock.

[johnt64]

Just an update have not had any response from MKDP at all regarding requests I sent them at the end of last week nor have I heard from the court regarding my application to set aside. Will ring the court Monday morning to find out how my application is progressing.

[johnt64]

Today received notification from the court that the claim has been transferred to my local court to deal with my application for set aside at a later date.

 

Still had no response at all from MKDP regarding my CCA request or my SAR request,

not really sure how I should proceed regarding this company.

 

I am tempted to do nothing and see if they send me any of the paperwork as I cant see them being able to proceed without furnishing me with all the facts.

[dx100uk]

sent the failure to comply letter

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[johnt64]

Hi there dx100uk thankyou for the link. Do I remove the first sentence used in the template as I have had no correspondence from this company at all ? Many thanks John

[dx100uk]

logically yes of course.

 

have you been reading other threads too ....always useful

 

dx

[johnt64]

I have a court date set for the 24 July at my local court yet I still have had no correspondence of any kind from MKDP, what should I do if I receive nothing before the hearing date. Both cheques I sent were cashed on the 6th of June.

[johnt64]

Attended court today although I still have not received any paperwork from MKDP,

 

the solicitor who attended on behalf of MKDP told me prior to the hearing that he couldn't believe I hadn't received it

as he had received a copy although by his own admission it was totally illegible, basically he called me a liar.

 

Went in front of the judge who spent five minutes telling the solicitor that all the paperwork was incorrect

and that the claim needed to be started again (the judge had only received his copies of the paperwork mid morning, I noticed the solicitor didn't dispute his statement).

 

The judge then ruled that MKDP had seven days to serve me with the correct and complete documentation.

 

I think, though I may be mistaken that the judgement has been set aside,

 

can anybody give me any advice on how to proceed from this point

 

many thanks

[johnt64]

Today I have finally received documentation from MKDP

 

these include a witness statement dated 15/07/13

 

a response to my cca request dated 17/06/13 which appears to be a rehashed agreement outlying terms and conditions

 

there is a further 20 pages of totally illegible print I think they maybe statements.

 

A default notice from mercers dated 02/10/11

 

a notice of assignment dated 28/06/12 and

 

a further four template letters regards to notice of intended legal action, and letter before action.

 

It also appears that £1600.00 has been added to the balance( if i am reading the last page of the statement correctly)

to take it to the amount MKDP are claiming.

 

Could anyone give me any advice on what to do next or how to respond to this paperwork

 

many thanks

Edited July 26, 2013 by johnt64

[dx100uk]

any chance you can scan up the statements?

 

we could look at all these charges?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[johnt64]

Hi dx100 not really possible to scan the statements as they are totally illegible in their current form it is possible to decipher a odd number here or there but 99% of all the pages is just a blur

[dx100uk]

prob done that on purpose then.

 

I bet BC have better copies though

 

an sar is 40 days

 

but you never know.

 

how about doing a couple just to see

 

we might be able to help?

 

dx

[AndyOrch]

Responding top PM and subbed to thread.

 

Andy