County Court Claim Form Response?

[stokes]

Hi there, I hope someone out there will be able to help:???:

 

I have received a County Court Claim Form issued by MKDP LLP for an amount of less than £10,000.

Their particulars of claim state that the claim is made under a regulated agreement originally between me, the defendant and Barclaycard. The assignment date is not included.

 

I have suspicions as to them having the original agreement and so wrote to them immediately on receipt of the Claim Form, under the Consumer Credit Act 1974 (secs. 77-79), requesting, a copy of the original signed agreement, a full itemised statement of account and any Notice of Assignment.

 

The original account was with Goldfish and a payment arrangement was made with them in 2006/2007. I have never received either, monthly, 6 monthly or annual statements from Barclaycard.

 

My request to MKDP was sent by recorded delivery and tracking shows that it was received and signed for on the 17/05/2013 and therefore the final date that they need to supply me with the requested details is the 4th June.

 

My response to the CC Claim Form is due by the 1st June and so I will be completing the Acknowledgement of Service, indicating, "I intend to contest jurisdiction" or should I be ticking the box, "I intend to defend all of this claim"

 

I'm really trying not to get too upset by this, despite having my first migraine for a long time, so once again, hope I can get some advice.

 

Thanks

Stokes

[havinastella]

Hi and welcome to Cag.

 

Have you completed the Acknowledgement of service. This gives you an extra 14 days to compile your defence?

 

Did you send the CCA request and £1 or did you request the information via CPR?

 

What is the date of service? What is the full POC?

[stokes]

Hi havinastella,

 

I'm ready to complete the Acknowledgement of Service online today or tomorrow.

 

I sent the CCA request by post along with the £1.

 

The date of service is 18th May 2013, being 5 days after the issue date of the 13th May.

 

The full POC is:-

 

"The Claimant claims the sum of xxx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

The Defendants account number was xxxxxxxxxx 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 pursuant to the Consumer Credit Act 1974. Th Claimant claims the sum of xxxx.xx and costs.

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

 

NB. I have not received a default notice from them.

 

Thanks

Stokes

[havinastella]

You may want to send the CPR request asking for everything they mention in the POC.

 

When did you last make a payment? Any PPI/charges to reclaim, when was the card taken out?

[stokes]

The last payment was made November 2011.

There are no PPI charges to reclaim.

The card was taken out before December 2001 but not sure exactly when.

 

Sorry to be dense but what is a CPR request, is there a template available?

 

Are you also able to answer my question re which box I should tick on the Acknowledgment of Service please?

 

Thanks

Stokes

[Ganymede]

Why would you contest jurisdiction? Where do you live?

[renegadeimp]

When was the last time you made a payment or acknowledged the debt in writing.

[stokes]

Hi Ganymede,

 

I assume from the tone of your question that I have misunderstood the meaning of jurisdiction in the context of a CCC. I assume then it refers to the area of the Country, i.e Scotland, England, YES?

[stokes]

Hi renegadeimp,

 

As per my previous thread answer to havinastella, my last payment was November 2011.

 

The last time I wrote to anyone regarding this, was to Goldfish in November 2008 and of course my CCA request to MKDP this month.

 

Thanks:-)

[renegadeimp]

Im thinking they dont have the paperwork needed to enforce the debt. They know it and are hoping you dont, so they are trying to get it through the court fast.

[stokes]

Yes, that's what I've thought all along but it's still upsetting and nerve racking to have to deal with all of this. I will no doubt be on the forum again to get some help with how to deal with my defense.

 

Thanks again for your support:-)

[renegadeimp]

Oh it is upsetting and nerve racking, but thats what these companies and their solicitors for hire thrive on. They know they cant enforce it, and they know a court will never find out unless the debtor is smart enough to go prepared and show the judge they cant. THe problem is that very few people know their rights and the legalities, so the DCA/solicitors etc think they can do what they like. Lowells for example uses statutory demands like confetti. Even though it is a blatant breach of their credit licence.

[stokes]

Hi again,

 

I filed my AS online and am now trying to get ready with my defense. I spoke to CAB but ended up giving the guy more information, gleaned from CAG, than he was able to give me advice.

 

As I've stated previously on this thread, I have already sent in a CCA request for, 1) copy of original signed agreement, 2) a full itemised statement of account & 3) Any Notice of Assignment. The 12 working days from their receipt ends on the 5th June.

 

The only thing I've not asked for and is mentioned in the PoC is a default notice, which I've never received either from MKDP, the claimant or Barclaycard whom is named as having the original agreement. Should I send a CPR 31.14 for just the copy of the default notice immediately, or wait until the 5th and if they haven't produced anything send for it then including a request for the info previously asked for in the CCA?

 

The date before which I need to submit my defense is, 15th June so would probably not get a response from them within time, should I be writing to them for an extension under 15.5?

 

Also should I be sending a CPR 31.14 to Barclaycard as the original agreement was with Goldfish, although I note from the last statement I ever had was from Goldfish and I note that Barclay's were who they were banking through - or would I just be opening a can of worms?

 

Sorry about so many questions, but am trying to get it all sorted out in my head and don't want to trip up and miss any deadlines or not have all the information required to try to get a successful outcome?

 

Thanks in anticipation.

[stokes]

 

Hi out there anyone around for advice??

 

my last post had no response and is a little out of date now but there's still 1 or 2 questions i wouldn't mind having answered.

 

Yesterday was the last day that MKDLP had to respond to my CCA request for docs and so i will be posting a CPR 31.14 today,to follow up and also include the request for the default notice I have never received.

 

1st question - the paragraph, "if they require more time.... a statement that you agree to an extension of time...", is this classed as a 15.5 extension request or do I need to send a separate request?

 

Have asked the above as the end date for filing a defense is 15/06/2013.

 

2nd question - wouldn't mind any suggestions as per my question re Barclaycard?

 

Sorry if i'm not navigating around the site very well, but i'm a bit of a dinasaur in these matters:doh:

[citizenB]

Stokes, if the date of issue of your claim was.. 13th May - your timeline is as follows..

 

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

 

 

 

Hi havinastella,

 

I'm ready to complete the Acknowledgement of Service online today or tomorrow.

 

I sent the CCA request by post along with the £1.

 

The date of service is 18th May 2013, being 5 days after the issue date of the 13th May.

 

The full POC is:-

 

"The Claimant claims the sum of xxx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

The Defendants account number was xxxxxxxxxx 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 pursuant to the Consumer Credit Act 1974. Th Claimant claims the sum of xxxx.xx and costs.

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

 

NB. I have not received a default notice from them.

 

Thanks

Stokes

 

I doubt there is time for you to send a CPR request, which should have been sent pretty much immediately.

 

You can respond to the claim as it stands which is very vague or request more time I am not sure which will be your best option.

 

I will find someone who can advise.

[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 request in the first post of the link above. Read it very carefully, add/amend/delete where advised or necessary.

 

You could even leave the request for a copy of the agreement in as well.

[stokes]

Hi citizenB

 

Sorry i didn't get back to you when you were on line and replied, but my PC is now conspiring against me and decided to crash.

 

I'm not sure if you are advising not to bother now with the CPR 31.14 so will try and get in touch with someone who's online.

 

Thanks

[citizenB]

Stokes, I have left an S.O.S for andyorch to advise on this issue.

 

You can indeed send the CPR31.14, I posted a link to a draft for you in post # 16. I suspect that there isn't time for them to respond, so you will definitely need to request more time using CPR15.5.

 

If you do request more time from the claimant via their solicitor, you will need for them to respond with a DATE and then it is your obligation to advise the court.. BEFORE the submission date.

 

I will find you a link to a CPR15.5 draft that I did for someone a couple of days ago.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?391577-On-a-DMP-for-9-years-now-being-taken-to-court/page3

 

Post #23 in the thread linked above - you will find a draft for requesting the extension of time from the solicitor and a draft that you will need to send to the court advising them of the new filing date.

[stokes]

Oh Thanks citB,

 

I was beginning to feel a bit lost, i know you guys are kept really busy but it does help to keep the spirits up when i know you are behind me. i will now post the CPR 31.14 off tomorrow and await the template for the CPR15.5.

 

Also re the question in paragraph 5 of post#13 - what do you think about sending a CPR31.14 to Barclaycard?

 

Thanks:-)

[stokes]

Thanks again,

 

Just got this reply as i was composing my thanks to your first email.

[citizenB]

Righto, so you now have the draft for both the CPR31.14 and CPR15.5, yes ?

 

Make sure you amend/edit/delete where necessary and you might have to tinker with the CPR15.5 to suit your request.

 

I will be away for a few days from tomorrow, so if you need further assistance.. then just hit the triangle with the (!) which is under each post and someone from the site team will look in on you as soon as they can

[stokes]

Thanks,

 

will do all.

 

Have a good break if that's what it is:wave:

[citizenB]

Thank you - I will

[AndyOrch]

" Also re the question in paragraph 5 of post#13 - what do you think about sending a CPR31.14 to Barclaycard? "

 

 

Barclayshark have not issued the summons...you request disclosure from the Claimant ......MKDP in this instance.I assume they are still indefault of your section 78 request Stokes?

 

Regards

 

Andy