MKDP/Raven/Keynes/ barclaycard - Claimform now received

[about time]

Only just seen the above, the lack of own computer is a challenge!!

 

Thanks for the additional input - Alloyz I can definitely see your point and there is a big part of me that wants to draw a line under this and move on but I am not overly optimistic that we will arrive at a figure that they will accept and I can afford. They have refused to pay for an independent mediator so I am going to be speaking to them this week myself. They have also agreed to an extension to the stay so as soon as I can print their email off I will send it with a request to the court.

 

In the meantime they have also re sent the same reconstituted and unsigned credit agreement that they sent in the beginning, a supposed NoA but it's not even on headed paper from B/card, and a year's worth of old statements.none of the statements show any purchase activity or balance transfers to the account so there's no proof it was used, but they do show a couple of payments in from a DMP. I was planning to open the mediation conversation with an adaptation to the suggestion you made in another post Alloyz, i.e. You claim that I owe you this money but as yet you have failed to provide any proof that an agreement exists or that I owe any money to MKDP. Do you think this is the right tactic given what they have sent me so far?

 

If they ask for an offer from me I have no choice but to make it a low one, paid monthly, and I assume my argument is that "if we go to court you are going to be hoping the judge accepts your scant paperwork and is ok with you having brought a claim without actually having any of the documents in order (I have it in writing that they didn't have it initially when I sent off my CPR 31.14) and I am going to hope the opposite. As neither result is 100% certain, while I dispute the claim I accept there is a risk of it not going my way in court and so have a certain motivation to settle but only if the amount is low enough. Equally, my house is in negative equity and I have very little disposable income so even if they do succeed in getting a ccj, they will get the money over an incredibly long time" Again, any thoughts on this as a stance would be appreciated.

 

Andy, you're link to the no-show thread gives me hope given my concern about not being able to stretch to a figure they would accept (and, if I'm honest, the fact that I would rather it went the same way as BC/Lowells!)!! I'm about to start a new thread as Arrow have now issued a claim which, if that goes badly, is going to further reduce what I can give to this lot. It's all such a mess!

 

It would be a lot worse and a lot harder without all of your help and support though so thank you.

 

AT

[about time]

I have had a conversation with the DCA.

 

 

Am worried as I forgot to state that I wanted the discussion to be without prejudice

and at one point the person I was speaking to suggested that is wasn't mediation but a discussion.

 

 

Their offer for F&FS was only a couple of thousand under the claim,

they were initially reluctant to discuss a Tomlin order but I think realised that agreeing a payment plan

based on a judgement holds no value to me and will result in them getting v little based on my financial situation.

They then talked about a hypothetical Tomlin Order for £40/mth over nearly 20 years - again, of little value to me.

 

We agreed I would take some time to consider a counter offer as it was clear the person I was speaking to

was limited as to what he could or would volunteer.

 

 

They did admit that they still don't have the default notice from B/card, and as I don't believe I received one

I'm guessing that helps my case

 

 

but, if I can agree something at no more than £40/month but for a much shorter time then I would go for it.

 

 

Andy, are you able to advise on the terms that I should insist are in the order?

 

My understanding is at the least it should agree the total amount repayable and the monthly payment;

a clause that requires them to notify me if a payment is missed and gives me some time to remedy this (14 days??).

Is there anything else?

 

Last question (for now!!), and this is likely to be a non issue but

 

 

I am trying to keep some sense of optimism - if circumstances changed a few years down the line,

or if I came into some money (i.e. Inheritance) can the balance of the money agreed

under the order be settled early without any increase in cost?

 

Thanks,

 

AT

[Andyorch]

The only way to reduce the period is to either increase the monthly payment or reduce the balance in a F&Fs.

 

Yes I will advise on the terms of the schedule.

 

Yes you can always settle the Tomlin order at a later available date.

 

Regards

 

Andy

[Alloyz1]

Its good they accept you want to go away and consider a counter offer. It suggests they are willing to move further.

 

Just consider 'is drawing a line under this important?' If it is then really try to strike a deal but make it affordable to you so you are not setting yourself up to fail, and share that with them. If its not important to get closure, keep on with your case evidence and go for it.

 

In the TO I would consider a clause that states 'this is a fixed amount over a fixed period with no review of the terms unless both parties agree in writing to such review'. That should give you certainty and stability.

 

A

[about time]

They are definitely open to further negotiation and I get the feeling it is because they know their case isn't watertight. I pressed them as to why their F&FS lump sum offer was not significantly lower than an amount that they are prepared to wait 20 years for and they as good as said they just can't go any lower until I make an offer, which stands to reason.

 

I'll go back tomorrow with an offer that makes it very much more worthwhile settling and see how loud they laugh!! In the meantime I'll put together my effort at an order and post it up.

 

Thanks and best regards,

 

AT

[about time]

Hi all,

 

After going back with an initial offer which was rejected, they proposed a lower (75% of the claim) F&FS amount but kept the same figure for a Tomlin order settlement (not even a 20% reduction in the amount claimed). I went back with a final offer of an increased monthly payment towards a total settlement amount of just shy of 50% of the claim.

 

Just prior to my last offer they submitted further directions to the court (I called to check my request for an extension had been received and was told they had sent the directions in). I asked for a response to my last offer by the end of the week and heard nothing so it looks like they want to press on.

 

I did make it clear to them that I could only offer what I was because my sister was going to help me out with the payments. She won't do this if I get a ccj so if they are successful, having worked the figures through, I don't think the court would be able to award more than £20/month so it would take them 44 years to get the money back!! My payment offer with my sister's help was more than double that so I'm surprised they didn't accept.

 

The guy I spoke to seemed to think that the payment showing on the statements from the DMP meant their case was really strong. He did say they are still waiting for the default notice from b/card. I'm as sure as I can be that they never sent one in the first place.

 

As negotiations have failed (my sis doesn't see the point in committing to help agree a Tomlin order that's for such a high settlement amount so I couldn't accept even if I wanted to) do I now also need to submit another directions questionnaire? Either way looks like this will go to hearing.

 

Hope you're all well.

 

AT

[Andyorch]

You now refer to your Notice of Allocation and the court directions and timetable in preparation for trial AT

 

Regards

 

Andy

[about time]

You now refer to your Notice of Allocation and the court directions and timetable in preparation for trial AT

 

Regards

 

Andy

 

Hi Andy,

 

How are you? Hope the year has started well for you.

 

I have had a hearing date through and need to get my witness statement in by the end of the week so wonder if you could cast your expert eyes over it please? However, I am getting so stressed out about this that I would feel hugely relieved to get it settled before court. I emailed MKDP yesterday to see if their position had changed but they responded to say their offer of £9k payable by Tomlin Order still stood, that they had already paid a hearing fee so I should let them know ASAP if I wanted to reopen negotiations. I replied to offer £8k @ £40/month yesterday and they have not replied since. I will ring them tomorrow to find out if they are going to accept but guess I need to get my WS in in the meantime on the assumption that they won't. Hearing is for early March so I'm guessing if they are going to accept it would be better sooner rather than later so that they can get a refund of the hearing fee? Is that likely to be a consideration for them?

 

In the county Court of Southampton

In the case of

MKDP LLP

V

Mr xxxxxxx xxxxxxxx

 

I xxxxxxx xxxxxxxx submit the following witness statement in respect of the above claim.

 

1. I have previously had an account with Barclaycard but believe that all accounts have been cleared and that there was no account under the number claimed.

 

2. Upon receipt of the claim form in respect of the above case I wrote to MKDP with a request under CPR 31.14 to request a copy of the agreement for the alleged account, statements and a copy of the default notice referred to in the particulars of claim.

 

3. The claimant has failed to supply a signed agreement, and has, instead, supplied a reconstituted agreement which I do not recognise or believe I entered into.

 

4. The Claimant has failed to supply evidence of a default notice having been served.

 

5. The Claimant has failed to supply statements to evidence what the amount claimed is based upon.

 

'I believe that the facts stated in this witness statement are true'

 

Signed xxxxxx

Dated xxxxxx

 

I can't help but feel that the above statement is lacking in impact but can't think what else I can say. They have supplied some statements of sort but they don't show any purchases or cash withdrawals that would have given rise to a balance. They just show interest and charges being added and then a couple of payments in from a debt management plan. I believe this is what they will try and use as evidence that the account is mine. Do you think the above is ok to submit?

 

If they did agree to my offer, or if I had agreed to the £9k, I take it they would just need to send me a draft order to sign and return which they would present to the court. Am I right in thinking the main things I would need to see in that are that they must notify me of any missed payments and I must be given 14 days to remedy any default. Is there anything else it should include or exclude?

 

Sorry for suddenly reappearing with a load of questions - I know I'm one of many needing your time!!

 

Thanks and best regards,

 

AT

[Andyorch]

Take a look at the following AT...another MKDP thread preparing their witness statement...this will give you an idea of what should be included.

 

One of the problems when you are up against this crew is that are renowned for filing late or at all...I would normally advise you wait until the death until you receive the claimants ws ...this gives you an heads up on the points they consider strong and will rely on...unfortunately not in this case for the reasons stated above.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429894-3rd-claim-of-3-MKDP-Credit-Card/page5

[oleg]

You say you've been negotiating via email: did you remember to mark your letters "without prejudice"?