Please help - MKDP claimform Barclaycard 'debt' - and time limits

[citizenB]

Any DQ filed after 22nd April 2014 no longer requires a fee.

 

My apologies, I wasnt aware of this..thanks for bringing it to my attention

 

Is that why the initial issue fee is now so expensive ?

[Ganymede]

My apologies, I wasnt aware of this..thanks for bringing it to my attention

 

Is that why the initial issue fee is now so expensive ?

 

Yes. That's the logic behind scrapping the DQ fee.

[tiggrae]

Hello Andyorc,

 

Thank you for the reply and information. I did think there must be some power in the CPR 31.14, or the 7 day time-scale. I know under CPR 16.5.4 they have to prove the money is owed, but there is

no need for any proof or backing to their claim at all before an actual court date? And I have no way of compelling them to even prove it's a valid claim?.

 

This is what angers me, they know they should not have bought the case without the documentation, but they did it anyway, and are happy to drag it out for ages, and go right up to the court date, without lifting a finger or providing any backing to their claim. So now I will have thing hanging over me for the rest of the year, and they continue to abuse the system without penalty? I can't even hit them with substantial costs due to being a litigant in person.

 

Thank you for the help, sorry I just get so angry when the system is abused like this and they get away with it, however if the defendant makes a slight mistake, or misses a strict deadline the claimant wins. Essentially anyone could randomly decide to take someone to court for no reason, put them through a year of stress, then just pull out or not turn up on the day.

 

I really thought there must be some check or safeguard to be sure they have based their claim on something, it's a little worrying the system is so unbalanced in this way.

 

Maybe I should hire a law firm, at least they will get hit by costs when it gets to court,

 

Thank you, sorry for the rant!.

What they rely upon in a lot of claims is your agreement to enter into mediation through the court system and that you'll agree to make payment, that way they can add on the issue fees to the claim and get an agreement that you'll pay (win - win for the). That way they avoid having to produce the required documentation as they get the money without it ever getting to the hearing.

[goodatresearch]

Any update on this

[hereigo]

Hello,

 

Sorry for the lack of updates, I am not sure what to do now, any help is welcome.

 

Everything has been moving very slowly - and MKDP seem to be delaying for time by filling in any paperwork and such at the last minute. Both parties selected mediation, however despite MKDP selecting mediation they could not find a suitable date for themselves (I was flexible with dates).

They have paid the Fee to continue with their claim.

 

I have received an order from the district judge in my local county court ordering that the claim is allocated to the small claims track and both parties are referred to part 27 of the CPR and practice directions., They have stated there will be a preliminary hearing. and that this will be a private hearing to establish the outstanding issues in the case, if there is any possibility of a settlement, and what documents or statements will be required for the trial of the case.

 

I have a few questions,

 

1. Should I be making any requests or filing any forms at this stage (Such as request for disclosure of documents). They have never replied to my CPR request or provided anything I requested - should I bring this up?.

 

2. What should I bring to this preliminary hearing - and is there some way I cans top this case going all the way to a trial, considering they appear to have none of the required documents or paperwork to substantiate their claim in the first place.

 

It seems quite clear in my opinion that they are just going through the motions to keep the case active and drag it out as long as possible, without actually having to supply any documents. I would guess in the hope that I either settle or miss a letter or court date which would allow them to get default judgement.

 

What should I do now?

 

Thanks,

hereigo

[Andyorch]

Attend your hearing ...raise the matter of any unfulfilled CPR/CCA requests...let the court direct disclosure..They will have to disclose anyway if they proceed to trial so they cant avoid it.

 

Andy

[hereigo]

Hello all,

 

I need some help, I have followed all the advice up till now with my defence, and s.78/31.14, but MKDP have continued with the case, and ignored my cpr 31.14. The preliminary hearing took place not long ago, the person representing MKDP seemed very confident (and appeared to be talking a lot of nonsense!) commenting that they don't bother keeping agreements, and never lose cases!.

 

They have provided printouts of various terms and statement from a few dates, some of the terms are illegible and the terms are about four pages long with some dated 1998 and some 2010. (there is no way the conditions were there on signing) They do not have the original agreement. I do not believe I ever signed an agreement, perhaps I signed just an application form, I do not recall.

 

The hearing is coming up soon, and being Xmas I can't even get legal help from Solicitors, and I only have a few days to create a witness statement as the 14 days includes Xmas I assume?., Is the track I have been following still valid, which is as the account is pre-2007, S.127(3) applies, and as per Carey V HSBC a reconstituted agreement is not sufficient in this case and so on (in line with my defence and other documents included in my earlier posts.

 

Has something changed, what are my chances of success?, they seem to just be bluffing their way through the system, ignoring

any requests and hoping they can talk their way through the hearing.

 

It's come to the end of the road and since they seem to ignore the law I am worried they will win,

just by being more confident and full of it.

 

Please advise,

 

Thanks,

hereigo

[Andyorch]

Nothings changed you are still on the right track...have you received their witness statements and disclosures.....? have they disclosed the agreement?

[hereigo]

Hi Andy,

 

Thank you for your reply and help.

 

About the 14 day time-frame to file a witness statement, is it 14 days before the hearing, regardless of holidays or when the court is open? If the court receives it 14 days before, via fax for example, but they are closed, for example on Xmas day, does that still count?.

 

I need a bit longer to sort everything out and want to be sure it's sent in time.

Thank you for your reply. I am waiting for their witness statement. The documents they hold appear to be ones Barclaycard sent in response to an older S.78 request - I am guessing this is what they are going to court with.

 

I can't make heads or tails of it, two pages are of terms and conditions which appear to be dated from 1998, many of them not legible. Then they seemed to have mixed in some pages of terms from 2010, (which also mentions it's an agreement?.

They also have a basic statement.

 

I have no idea what these are supposed to be, an application form? random terms they found lying around? How can it be taken from the original when the document refers to it as a copy, but there would have had to have been an agreement for them to have sent a copy... ok getting confused now, I have attached the documents in PDF format - and below.

 

Please let me know what exactly the provided documents pass for in court (if anything).

 

I have attached these documents put together into one PDF (attached) I also

link to the documents below.

 

Thanks.

 

I am not aware of receiving a DEFAULT NOTICE from Barclaycard,

although have vague recollection of receiving one from DC Mercers

which I understand would not be valid.

 

 

MKDP did not provide one when requested in my CPR 31.14.

 

 

Can they proceed to court without a default notice?

[Andyorch]

Thats a reconstituted version as confirmed in their response...fine for a section 78 request but not for enforcing purposes...the original will be required as this agreement is pre 2007.

 

With regards to Xmas Holiday the court only allows 1 day ...that being Boxing Day...Christmas day is included as a day.

 

Andy

[hereigo]

Thanks again Andy.

 

I am not sure what to do now, I have sent my witness statement in on time,

but they seem to get away with ignoring everything, what can I do to hold them to account?

 

They have not delivered a witness statement to me or the court on time, this is on top of ignoring my defence, and CPR 31.14 request, providing no default notice what so ever, and providing zero response to any of the other issues raised,(I could go on).

 

I understood it was very important to file Witness statements on time, but they just ignore the rules?

I should at least be able to have their witness statement 14 before and review it so I can work on my defence?.

 

The problem is the hearing is very soon, and on the day they might try and bluff their way through, and thanks to them ignoring all the rules I will be at a disadvantage with them putting their statement in at the last minute (or even on the day, if at all), and they may just side with the para-legal if they are unsure. (Based on the preliminary hearing, the para-legal talked a load of nonsense)

 

What should I be doing now, and exactly how should I raise the issues at the hearing, there are so many problems with their case that I would not know where to begin.

 

Thanks

[Andyorch]

In the event that any party does not comply with the court directions...you have recourse to inform the court and ask they impose sanctions...this could include striking their claim out.To action this you need to submit an application (N244) there is a fee without hearing of £55.

 

Regards

 

Andy