3rd claim of 3 MKDP Credit Card***Claim Dismissed***

[willintonboots]

is it worth adding this in to my defences?

 

 

13. AND the Defendant

 

Seeks an order that The Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

ii. The Defendant respectfully asks the permission of The Court to amend this defence if or when The Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

[oleg]

You haven't incorporated some of the amendments I wrote in my post of 12:16. That still needs to be done.

 

No. No need to add anything at this stage. Simplicity is the key. IF the Opposition decide to go ahead, you'll have ample chance to make any further points needed.

 

They would have to show their hand in order to win. No need to raise the matter now.

[willintonboots]

You haven't incorporated some of the amendments I wrote in my post of 12:16. That still needs to be done.

 

No. No need to add anything at this stage. Simplicity is the key. IF the Opposition decide to go ahead, you'll have ample chance to make any further points needed.

 

They would have to show their hand in order to win. No need to raise the matter now.

 

 

Apologoes, I thought I had.

 

How is this? Sorry I keep posting this over and over. I just want this to be right.

 

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. Except where otherwise mentioned in this defence, the defendant neither admits nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3. The defendant is unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. As the proposed Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

 

5. Notwithstanding the above a request was made under the consumer credit Act 1974, by way of a section 77/78 for a copy of the agreement.

 

6. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

7. The above mentioned CCA s.77/78 and CPR 31.14 requests were received 06/08/2014 and has been confirm via Royal Mail.

 

8. It is therefore not accepted that the Defendant owes the claimant any monies and 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

c) Evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

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

 

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

 

10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

11. On the alternative, as 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.

[oleg]

I'll check other two then respond on the last one after I've seen it.

[oleg]

I told you to delete original no. 11 but you've deleted original no. 12. And now you have to reinstate original 12 but delete the current no. 10. The current no. 11 will therefore now become 10 and the original 12 when reinstated will become 11.

 

In the new 10, change "as" the Claimant to "if" the Claimant.

 

Change no. 3 to what I wrote at lunchtime.

 

We'll have to leave it at that I think as the clock is ticking.

 

Hope you get sorted.

[willintonboots]

I have made those amendments. I think your right, clock is ticking. Thanks so much. I will get that ready to go.

 

Many Thanks - I'll post up the progress

[willintonboots]

Just and update: I have received a letter from the court acknowledging my defence. SO sit and wait. Had no response from MKDP at all as of yet.MKDP have not responded to my CCA request at all, but they took the £1 payment.

[willintonboots]

Another update, I have received a letter from the court which is a notice of proposed allocation to the small claims track. In this there is a form called Directions questionnaire.

 

I have still no response from MKDP regarding CPR 31.14 and no acknowledgement or response with CCA request although £1 was cashed. I have till 22nd Sept.

 

No sure what to put on the form, can I get some advice please?

Many Thanks

[Ganymede]

What part of the DQ are you having problems with?

[AndyOrch]

See your other threads

 

Andy

[willintonboots]

Thanks for your replies. It may appear self explanatory, but in a moment of panic it looks like a different language. I have processed my brain and now know what to do.

 

Thanks

I will continue to post updates.

[willintonboots]

I have had the directions questionnaire sent from MKDP this morning and also for my other claim for a current account.

 

I checked my credit file, these are now entries on there and to make it worse they have adjusted the balances including the court fees?

[willintonboots]

Hello all.

 

I have received a phone call asking to agree a time for a mediation appointment. I have been trying to contact them but their number appears to be constantly busy.

 

I have not heard anything yet about the other two cases. I had directors questionnaire for the current account claim and not received a phone call to arrange a mediation appointment. and the other claim for the combined account, there hasn't even been a DQ sent out. I am hoping this is a positive thing.

[willintonboots]

Hello,

 

I just had the mediation phone call for 2/3 claims.

 

I wanted to try and find out what they had against me. But I did not get that opportunity. The first question I was asked was, did I have all the documents I require from the claimant. I said no. They then asked what had I requested. I explained CPR CCA. The mediator explained that the mediation cannot go ahead without all the nessarsary information to come to a conclusion and this should not have got to mediation without this.

She went back to MKDP to find out if they had them. The response was that one account was HSBC and the other First direct. They also said they had all documents and apologised as they should have been sent to me. It was said they would send them out to me.

 

I am not sure what to think? The mediator had said it will be referred back to the court and once all paper work is received it could go for mediation then.

 

Could it be them bluffing? They gave very little information, but managed to get plenty from me. It felt led that way so I didn't have a choice really.

 

Has this happened before? Feeling wobbled!

[AndyOrch]

Wait and see if they do send them......but dont wait by the door for them:madgrin:

[willintonboots]

Thank you Andyorch.

 

It's very much psychological play from their part. Quite annoying. There is a part of me that thinks they don't have anything. But there is always a little what if? In the back on my head.

 

I'll post up again once I hear something further.

 

Thanks again

[oleg]

Unsettling and unnerving innocent victims accounts for much of their profits. Best just to get on with life unless / until they move this on.

[willintonboots]

Thank you Oleg! Very helpful advice! After my cup of tea, life will begin without this on my mind until the next hurdle!

[willintonboots]

Hello again,

I have received a letter from Northampton CC it is a notice of transfer of proccedings to Milton Keynes. Could this mean a hearing?

 

Still nothing back from MKDP even though they said at median they would send all this apparent paper work through...

[oleg]

I really don't know what these guys are up to. This has happened in other cases posted on here. Transfer to local court should be automatic in case of Co. vs Individual. I suspect they're trying it on in the hope of causing you yet more grief and expense.

 

They're also onto a pattern of not supplying documents or sending pieces of scrap at very last moment.

 

You need to contact Northampton to remind them that you are entitled for any hearing to take place at your local court. As if they should need reminding!

[AndyOrch]

Hello again,

I have received a letter from Northampton CC it is a notice of transfer of proccedings to Milton Keynes. Could this mean a hearing?

 

.

 

Yes...that's the next stage after submitting your DQ......follow the directions by date as per your Notice of Allocation now.

[willintonboots]

Ok thanks Andy.

 

Oleg, I am in Milton Keynes, so that's all ok.

 

It's more the fact I got confused as at the mediation they said it couldn't go ahead as MKDP had not given me all the correct paper work and it would go back to the court in the hope a judge would request they send me the paper work in order to proceed further. I guess not. I have a feeling no paper work will turn up and neither will they at the hearings.,..

[oleg]

hehe oops Sorry

 

mkdp crop up all the time here - it never occurred to me that anyone could actually live in the place

 

there has been at least one thread recently where they attempted to hold the hearing in m k - which i saw as a deliberate extra turn of the intimidation screw

 

i hope you're right about lack of paperwork; it has frustrated their efforts quite often

 

however, they have been known to send clowns along to represent them in court, so do be prepared

[willintonboots]

I'm fairly confident. I have contacted the original creditors and they couldn't give me any info such as default dates, times of account opening, how the Suns are what they are as they had no records that they could access.

I think theses are statue barred, I just don't have the proof in writing.

[oleg]

hehe oops Sorry

 

mkdp crop up all the time here - it never occurred to me that anyone could actually live in the place

 

there has been at least one thread recently where they attempted to hold the hearing in m k - which i saw as a deliberate extra turn of the intimidation screw

 

i hope you're right about lack of paperwork; it has frustrated their efforts quite often

 

however, they have been known to send clowns along to represent them in court, so do be prepared