Nationwide Credit Card Debt and County Court Claim by MKDP LLP

[SydneyBristowe]

Hi everyone

 

 

I wonder if you can help. I've scanned the Nationwide thread and can't find anyone who seems to be in a similar situation as me, so I hoped you may have some advice or could point me at nyone who may be in a similar position.

 

 

I had a Nationwide Credit Card that went into arrears at some point between Dec 2008 and February 2009

(so unfortunately not Statute Barred yet)

 

Over the years I've had numerous agencies chase this debt

and unfortunately being a mixture of disorganised and a bit lazy

I never got round to sending any letters to these agencies to dispute the debt

 

The various letters from agencies started in June 2009 was with KPR

who I understand are Nationwide's internal collection agency, followed by:

 

 

• Roxburghe - October 2009
  
• Graham White Solictitors - Nov 2009
  
• Wescot - May 2010
  
• Nelson Guest and Partners Solicitors - June 2010
  

I then received a notice of assignment from Nationwide and MKDP in October 2011

saying that the debt was legally assigned to MKDP on 30th September 2011

 

Following that I have further letters from:

• MKRR - Nov 2011, Dec 2011, Jan 2012
  
• Raven Recoveries - March 2012, May 2012, June 2012
  
• Keynes Collections - Dec 2013 (Notice of Intended Legal Action)
  

This morning I received a notice from the county court in Northampton with the following claim details:

"The Claimant claims the sum of

being monies due from the Defendant to the Claimant under a regulated agreement

originally between the Defendant and Nationwide.

 

The Defendant's account number was XXXX and was assigned on 10/10/2011,

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

and costs.

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

 

i have until 29th March to respond and I have no idea what the best course of action is or even if I have any recourse at all at this point, so any helpful advice would be appreciated

Many Thanks

 

Syd

[ims21]

Thread moved the the legal forum where the guys will be along to help as soon as they are available.

[dx100uk]

send MKDP a CCA request

 

and a CPR 31:14

[AndyOrch]

Hi Sydney

 

If you could take time to read the follow and provide the information requested...which will enable advice to be offered more accurately.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

Regards

 

Andy

[SydneyBristowe]

Thanks andyorch - sorry for delay in response, have had interwebz issues!

answers as below

Name of the Claimant - MKDP LLP

 

Date of issue – 10th March 2014

 

Date of issue 10th March + 19 days ( 5 day for service + 14 days to acknowledge) = Saturday 29th March + 14 days to submit defence = Saturday 13th April (33 days in total)

 

What is the claim for – the reason they have issued the claim?

 

"The Claimant claims the sum of £5971 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Nationwide.

 

The Defendant's account number was XXXX and was assigned on 10/10/2011, 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 £5971 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? £5970.95 plus £190 costs

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card Account

 

When did you enter into the original agreement before or after 2007? Before. Dates back to earlier than 2004 although I only have statements from February 2004 onwards

 

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? Yes. Dated 21st October 2011 from Nationwide stating assignment took place on 30th September 2011 and one from MKDP dated 26th October also stating that assignment was from 30th September 2011

 

Did you receive a Default Notice from the original creditor? Not sure! I have a few letters headed "notice of sums in arrears" and some headed "Notice of default Sums for Account XXXX" listing charges linked to returned payment fees and late payment fees. But nothing that explicitly says its a Default Notice

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. The last letter saying "Notice of default Sums" was dated September 2009

 

Why did you cease payments:- I was unemployed for 2 months so could not keep up my repayments which at that stage were £150 per month

 

Was there a dispute with the original creditor that remains unresolved? I don't think so

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I did. When I was made unemployed I called to explain the situation prior to the first payment I couldn't meet being overdue to see if anything could be done to put a temp stop on the account. They advised that they couldn't do anything in advance and I should wait until it went into arrears then call again to make an arrangement. So I did - at this stage I had a job offer and was awaiting security clearance to start so had a defined point when I could start making payments again and was then advised that they couldn't accept reduced payments until the account went into default so I should just let that happen. At one stage they were trying to take £1000 Direct Debit payments from my account and these were obviously being reversed by the bank

 

 

Hope I've covered everything... let me know if you need anything else!

 

 

Thanks

Edited March 21, 2014 by SydneyBristowe

[AndyOrch]

Ok thats great Sydney...

 

Now as already advised you need to request information..this is done vis a CPR 31.14 and a section 78 request...both templates are in the library with instructions of how to draft them.

Get those away recorded delivery over the weekend and retain proof of postage...print your name on both requests.

 

Regards

 

Andy

[SydneyBristowe]

Thanks Andy

 

Those have both been sent off and I've used MCOL to file the AOS

[AndyOrch]

[SydneyBristowe]

Hi guys

 

So... I was away for a big chunk of last week and only remembered today to follow up on this. Status is as follows:

 

CCA Request and CPR3.14 were both delivered on 25/03 according to the tracking on the Royal Mail website (I sent these seperately just in case sending together caused any confusion) and haven't had anything back from MKDP at all.

 

So by my calculations that makes the CPR3.14 overdue by 5 days and the CCA request due today. I'm concious that i need to enter my defence documentation by Saturday, so I wondered what I need to enter on my Defence and Counterclaim form at this stage?

 

Thanks in advance!

[AndyOrch]

Start viewing other threads of the same claimant and look at their proposed defences...find one edit to suit your particulars Sydney.

 

Regards

 

Andy

[SydneyBristowe]

Here's my draft defence wording (to be submitted tomorrow when the CCA request will be in default) The only thing I'm uncertain about is including the text in pink as it feels a bit like by specifically denying that part I'm potentially leaving myself open to having implicitly admitted the credit agreement despite the disclaimer in the opening paragragh? any thoughts on this?

 

 

"This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

The Claimant has not provided a default notice to the Defendant as claimed.

The Particulars of Claim are denied 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;

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

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 21st March 2014 for a copy of the agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974 and notice of assignment which form the basis of this claim.

This was signed for by the claimant’s solicitors on 25th March 2014. The claimant has yet to comply.

On receipt of this claim form the Defendant also sent a formal request pursuant to S.78 of the Consumer Credit Act 1974 for a copy of the agreement to the Claimant dated 21st March 2014. This was signed for by the claimant on 25th March 2014. The claimant has yet to comply

Therefore the claimant in their non-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.

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."

[AndyOrch]

The reason its not flowing Sydney is because you failed to address their particulars after the opening paragraph.With a defence you either admit or refute then expand.

 

Copy their particulars and put it into paragraphs...then after your opening paragraph you state :-

 

Paragraph 1 of the claimants particulars is denied/admitted/accepted/noted......etc the defence must respond to their particulars.

 

Regards

 

Andy

[SydneyBristowe]

Thanks Andy

 

I've spent a couple of hours playing with various defences I could find on the forum. I'm still not sure my Paragraph 3 is quite the right emphasis and if I've been strong enough in my defence in Paragraph 5

 

Here's what I came up with:

Particulars of Claim

1.

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 Nationwide.

2.

The Defendant's account number was XXXX and was assigned on 10/10/2011, 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.

4.

The claimant claims the sum of XXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction

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 Civil Procedure Rule 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

3. Paragraph 1 is accepted that the Defendant has financial dealings with Nationwide, however it is denied that any agreement for the amount claimed exists

4. Paragraph 2 is noted. It is denied that the Defendant received this notice of assignment

5. Paragraph 3 is denied. The defendant has never received a default notice served under served under Sections 76(1) and 98(1) of the CCA1974 from Nationwide concerning the agreement in question

6. Paragraph 4 is denied

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

c. show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed

8. 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.

9. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 21st March 2014 for a copy of the agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974 and notice of assignment which form the basis of this claim.

This was signed for by the claimant’s solicitors on 25th March 2014. The claimant has yet to comply.

 

10. On receipt of this claim form the Defendant also sent a formal request pursuant to S.78 of the Consumer Credit Act 1974 for a copy of the agreement to the Claimant dated 21st March 2014. This was signed for by the claimant on 25th March 2014. The claimant has yet to comply

 

11. Therefore the claimant in their non-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.

 

12. 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.

[AndyOrch]

In points 2 & 3 stating the agreement does not exist states that you have firm knowledge..... how do you know it does not exist? Let the claimant find that out.

Your point 5 applies to overdrafts not credit cards.

 

Here is a credit card defence for CAP1 have a go at editing this one:-

 

DEFENCE:

 

1 :The Defendant accepts having had Credit facilities with Capital One PLC in the past. It is not admitted that the amount claimed is outstanding.

 

2: It is accepted that the agreement was assigned to the claimant but with no admittance of the balance claimed.It is denied that I was ever served a Notice of Assignment and was unaware of the legal process of assignment of debts and felt pressured into making payments.

 

3: It is denied that the claimant can add sec 69 interest to the amount claimed as per the County Courts Act 1984 It is my understanding that this is awarded at the courts discretion and therefore invalidates the amount claimed and is not a true reflection of any alleged indebtedness.

 

4: On receipt of the claim, the Defendant immediately requested copies of any documents or information that would support the claim. The request was made by CPR 31.14 and Section 78 request. The Claimant has ignored this request and remain in default. I understand that until their compliance the Claimant is unable to request any relief or enforce any agreement.

 

 

5: Until such time the Claimant complies I the Defendant deny any liability to the Claimant and puts the claimant 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6: As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7: 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.

 

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 at all.

 

 

Regards

 

Andy

[SydneyBristowe]

Many Thanks again Andy! No wonder Lawyers get paid so much - I think I'm fairly good with contracts and a bit of legalease, but this has my head spinning!!

 

 

I have used the CAP1 defence you provided as my basis and to avoid making any more mistakes like my first drafts I've not tried to 'mix and match' with other examples this time. I've removed the reference to being pressured into making payments as I've not paid MKDP anything at all, added that I hadn't received a default notice as that is specifically mentioned in my POC and also removed the paragraph on interest payments as its not relevant.

 

 

For completeness here is the version I've ended up with:

 

 

Particulars of Claim

1. 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

Nationwide

.

 

2. The Defendant's account number was XXXX and was assigned on 10/10/2011, 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.

 

4. The claimant claims the sum of XXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction

DEFENCE:


 


1 :The Defendant accepts having had Credit facilities with Nationwide in the past. It is not admitted that the amount claimed is outstanding.


 


2: It is accepted that the agreement was assigned to the claimant but with no admittance of the balance claimed. It is denied that I the defendant was ever served a Notice of Assignment or Default Notice


 


3: On receipt of the claim,I immediately requested copies of any documents or information that would support the claim. The request was made by CPR 31.14 and Section 78 request. The Claimant has ignored this request and remain in default. I understand that until their compliance the Claimant is unable to request any relief or enforce any agreement.


 


4: Until such time the Claimant complies I deny any liability to the Claimant and puts the claimant to strict proof to :


 


(a) show how the Defendant has entered into an agreement with the Claimant; and


 


(b) show how the Claimant 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: 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.


 


7: 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 at all

Edited April 12, 2014 by Andyorch
slight adjustments

[AndyOrch]

Far better.

 

Regards

 

Andy

[SydneyBristowe]

Just to keep this thread updated. I received a letter from MKDP dated 16th April (so overdue on both the CCA Request and CPR3.14) that says the following:

 

"We write with reference to your recent request for documents relating to the Claim.

 

Unfortunately at this time we are unableto fulfil your request. MKDP LLP takes great care to ensure that such matters are dealt with in a professional manner and as such we will need to liaise with the original creditor to request the appropriate documents.

 

We will forward these to you upon receipt, please note that this may take up to 8 weeks. we can confirm we will not make any applications or seek to enter Judgement during this time."

 

No further communications have been received from the Court or via MCOL

[dx100uk]

shouldn't be trying to fleece debtors by going to court

without the docs in the first place!

 

simply after getting a default judgement hoping the debtor does not contest the claim.

 

about time this was outlawed

 

dx

[gem77]

Hi, I am also in the process of defending a claim from MKDP over an old Barclaycard debt that has been in dispute for the past 3 years due to miss sold PPI.

I had a reply from my CPR request aswell stating 6 - 8 weeks as they have to get it all from Barclaycard. Although mine told me to go ahead and file my defence and they very nicely gave me permission to add in my defence that they have not issued me with the documents yet.

 

 

If you don't mind I may well use your defence and tweak it to my case if that is ok with you. Been reading through quite a few but this one seems to be worded to best suit my situation. Andy to the rescue again. He has helped me numerous times on here. the guy is a legend, a true knight in shining armour for me.

 

 

I'm with you on that statement DX. It seems mad that they can get away with just putting a claim in without actually having the paperwork to support it. It's just like us saying right I need some money I know I will pick a few names out of the phone book and issue them with court proceedings claiming they owe me money. Seems the same to me as all they seem to buy off the OC is the name, address, account number and a figure written on a piece of paper. :/

[SydneyBristowe]

Still no news from MKDP LLP or the Court so its 10 weeks from the date of the last letter recieved from them. Does anyone know if there is there any action I can take to get the claim dismissed as they are not acting within their obligations or is it just a case of wait and see?

[AndyOrch]

Wait and see.