MKDP/Raven/Keynes/ barclaycard - Claimform now received

[about time]

ok, here it is......

 

Thanks!

 

AT

[dx100uk]

thats all you'll get out of bc

 

dx

[about time]

As in that's all I'll get for good?

 

They'll leave me alone now??

 

Or just that's all they'll be able to produce but they'll still pursue it?

[dx100uk]

not holding an enforceable CCA sadly does not require them to remove accounts

 

as long as they have not changed the default date from the OC

 

then I cant see theres anything you can do .

 

nor they

 

if they do produce a signed CCA at a later date

 

then you can legally question why they never produced it earlier

 

dx

[about time]

Hi DX,

 

I've had a County Court Claim form in today for this lot, filed by MKDP (no separate solicitor).

 

I'm guessing they think that I believe that what they have sent me is sufficient to proceed with a case and so will be scared into coughing up.

 

How do I move this thread to the right section and

 

should I follow the same process as I did with Lowells

 

i.e. Ack the claim, send CPR 31.14 request to MKDP?

 

Assuming they only have the docs I've already scanned up then I can't see how they can succeed in court!

 

Particulars of Claim:

 

"The claimant claims the sum of £xxxx being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

The Defendent's account number was xxxx and was assigned to the Claimaint on 11/04/2011,

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.

 

The Claimant claims the sum of xxxxx and costs.

 

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

 

Thanks,

 

AT

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

please fill the above in and paste the results here

 

dx

[dx100uk]

should be an easy picking for you

 

dx

[about time]

Thanks DX, only thing is the Egg debt is a separate one to this. That one did go to B/card before being bought by Marlin but is separate to this one which is Barclaycard now owned by MKDP.

 

Details as requested....

 

 

Name of Claimant: MKDP LLP

 

Date of issue: 26th June 2014

 

Date of issue 26th June + 19 days ( 5 day for service + 14 days to acknowledge) = 15th July + 14 days to submit defence = 29th July (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims the sum of £10,500 being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

The Defendant's account number was xxxx and was assigned to the Claimant on 11/04/2011,

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.

 

The Claimant claims the sum of 10,500 and costs.

 

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

 

What is the value of the claim? £10,500 + 410 court fee

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claim for doesn't state whether sect 69 interest is included

 

Is the claim for a current or credit/loan account or mobile phone account? Credit card (Barclaycard)

 

When did you enter into the original agreement before or after 2007? Original agreement opened Jan 2008

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I remember

 

Did you receive a Default Notice from the original creditor? Can't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I haven't kept the paperwork and they haven't written to me for a while

 

Why did you cease payments:- Loss of my business, wife made redundant

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, DMP started and failed in 2010

 

CCA request sent and re-con agreement received as per earlier posts.

 

I'll get a CPR31.14 on the way.

 

Thanks again.... I was hoping I wasn't going to be back so soon!! At least I don't have the same panic that I did last time now I know it's possible to fight back and win.

 

AT

[about time]

Hi all,

 

The CPR 31.14 request was signed for by MKDP on 4th July and I've had no response.

 

Can I use the same defence that Andy Orch wrote for Carter/Lowells re Lloyds?

 

Particulars of Claim

 

1.The claimant claims the sum of £10,500 being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

2.The Defendant's account number was xxxx and was assigned to the Claimant on 11/04/2011,

notice of this has been provided to the Defendant.

 

3.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.

 

The Claimant claims the sum of 10,500 and costs.

 

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

 

 

Proposed Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted. I have had financial dealings with Barclaycard in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.The Claimant has never made any contact apart from the issuing of this claim.

 

3.Paragraph 2 is denied.I am unaware of any legal assignment or Notice of Assignment.

 

 

4.Paragraph 3 is denied the claimant has not complied with Section III & IV and annex B of the PD Pre Action Conduct as stated above they have never made any contact or request prior to the issuing of this claim. They even failed to serve a letter before action before issuing proceedings.

 

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 3/7/14 for a copy of the credit card agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a

statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on 4/7/14. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore 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 Notice served under Sections 76(1) and 98(1) of the CCA1974

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

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is

owed.

 

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.

 

Until such time the Claimant can comply with my request for a copy of the Credit Card agreement/Notice served

under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief

as pursuant to the CCA 1974

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed.

Edited July 14, 2014 by Andyorch
Particulars added and paragraphed

[AndyOrch]

Could you bring forward the particulars to cross reference about time

[about time]

Hi Andy,

 

Hope you are well, here they are.....

 

The claimant claims the sum of £10,500 being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

The Defendant's account number was xxxx and was assigned to the Claimant on 11/04/2011,

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.

 

The Claimant claims the sum of 10,500 and costs.

 

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

 

Thank you,

 

AT

[AndyOrch]

Im fine about time hope you are well also

 

Particulars now added to proposed defence.

[about time]

Hello,

 

Sorry for the delayed response, all sorts of additional stresses at home this week.

 

Thanks for combining the POCs, would you suggest I run with that defence? I don't want to seem lazy but your masterpiece has worked once already ;-)

 

Thanks,

 

AT

[AndyOrch]

You realise the above is for an overdraft about time ?

[about time]

Hi Andy, I wasn't sure if me having changed the references to Overdraft to be references to credit card agreements was sufficient..... I'm guessing not ;-). I'll have a look through some of the other credit card threads and draft an alternative defence -would you mind checking it once I've done it please?

 

This one is starting to scare me now - it's such a large amount and the timing is particularly bad as my wife has had to change jobs again and at the same time all of the ups and downs of the last few years seem to be taking their toll on me and her to the point where we are going for our first session with Relate on Friday. I'm fairly sure we can work it out but being able to make this go the way of the Lloyds issue would help enormously!!

 

Ever grateful,

 

AT

[about time]

So every time I look at a similar threads where the outcome has been a success I find myself about to plagiarise more of your work Andy! I feel I should be drafting something from scratch because this is my problem and I should be able to put more effort in but then I know it would be a disaster and so I hope you don't mind that I have adapted another of your defences below?!!

 

Particulars of Claim

 

1.The claimant claims the sum of £10,500 being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

2.The Defendant's account number was xxxx and was assigned to the Claimant on 11/04/2011,

notice of this has been provided to the Defendant.

 

3.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.

 

The Claimant claims the sum of 10,500 and costs.

 

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

 

 

Proposed Defence

 

1. It is admitted that I the defendant have held accounts with Barclaycard in the past but will contend that all balances have been cleared and that I do not accept (is denied) that an account was held with Barclaycard under Account Number XXXX XXXX XXXX XXXX.

 

2. The defendant has absolutely no knowledge of any debt residue and on the 3rd July 2014 requested information pertaining to this claim by way of a CPR 31.14request. The claimant has failed to respond within the deadline set.

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original documents he will rely on.

 

4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract 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. Furthermore, 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 and196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer CreditAct 1974.

 

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions". And the defendant has no knowledge of the Claimants assertion that they have complied.

 

8. 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.

 

9. For avoidance of doubt, the defendant is unable to plead effectively, or at all, to the particulars of claim Without further clarification/disclosure (switch 8&9 around)

 

 

Statement of Truth

 

I believe that the facts stated in this Defence of claim to be true. Not required on MCOL

Edited July 20, 2014 by Andyorch
Amendments

[AndyOrch]

I would address the points in red AT either remove or follow my suggestions.

 

Otherwise okay to proceed...did you never make a CCA request?

 

Regards

 

Andy

[about time]

Thank you Andy, greatly appreciated!

 

I did send a SAR a few months back, they initially said they couldn't find anything and then I heard nothing for ages and then all I got was the recon agreement that's in Post #1 of this thread and then they submitted the claim so it doesn't look like they've got a signed agreement.

 

I'll get the defence submitted. Thank you again, I'll be back on once I hear from them unless there's anything I need to be doing in addition.

 

Have a good evening.

 

Best,

 

AT

[AndyOrch]

No not a DSAR...making a CCA section 78 request is completely different and if no compliance the implications are far gretaer than CPR and SAR.

[about time]

Not sure why I said SAR, especially as you had specifically said CCA, sorry, I did mean CCA request and the responses above plus the recon agreement in #1 we're what I got back.

[AndyOrch]

Ah okay no problem....

[about time]

Hi Andy,

 

I've been trying to get back into MCOL but the log in details that I thought were correct aren't working so when I called up on Friday they said to send the defence by email but didn't give any guidance on whether I needed to add any further wording. Do I need some sort of opening statement, and am I right that I would then need to keep the statement of truth in at the end?

 

Thanks,

 

AT

[AndyOrch]

There is a dedicated email for submitting defence which auto acknowledgement

 

mcol@hmcts.gsi.gov.uk

[dogilvy78]

Sorry to barge in on this AT, but I'm in a similar situation and need to submit my defence shortly and would really appreciate any help and guidance, or even just a "You're good to go" from any Cagger.

Thanks.

http://www.consumeractiongroup.co.uk/forum/showthread.php?429565-MKDP-Barclaycard-claim-form

[about time]

Hello,

 

Hope all are well.

 

today has been stressful!

 

 

After submitting my defence I received a letter from the courts saying that they had served my defence on MKDP

and that if they didn't respond within 28 days the claim would be stayed.

 

 

I left it 28 days plus about 10 as the helpline says that's how long it's taking them to process work and called them today.

 

 

As I hadn't heard anything I called thinking I was just going to get confirmation that it had been stayed

only to be told that MKDP had decided to proceed and notified the courts who then sent me the directions questionnaire on the 14th August!

 

 

The deadline for reply is 15th Sept but the form had never reached me.

 

 

They've sent me a blank N181 form by email today but trying to complete it is scaring the hell out of me.

 

The fact that is one is going fast-track instead of small claims seems to have big implications.

 

 

The guidance notes say I must have tried to settle the claim, yet I am disputing that it is even valid,

and it asks me to supply the directions I want to have imposed but don't have a clue how to word that.

 

 

I remember reading on here that we shouldn't teach the DJ to suck eggs

how do I tell them I want them to force MKDP to produce the docs that they clearly don't have without sounding like I'm doing just that?

 

Mediation looks very expensive - do I have to go down this route to try and show I have tried to settle?

 

I need to get this form in the post tomorrow and am so worried about getting it wrong that any tips would be gratefully received!!!!

 

Thank you,

 

AT