MKDP Claimform - barclaycard 'debt'

[Going slow]

Hi

 

I recently received a court claim from MKDP who had bought an old Barclaycard debt .

 

 

I duly asked for copies of the Credit agreement,

default notice and assignment .

 

 

This was ignored as they claimed they did not have to provide this until the hearing .

 

 

I ( after getting some advice) filed a counter claim under CPR 31.14 .

 

 

I duly attended a hearing earlier this month and won ( icluding costs) .

 

 

MKDP was order to provide these documents by the middle of October

and I would then on this basis submit a defence 21 days after .

 

Only problem is that I have heard nothing since and

 

 

phoned the court today who told me they had not recieved anything either .

 

I am now stumped .

 

 

What do I do now ?

 

 

I have looked on the internet but can only find enforcement notices for claiming money back but do not think that is correct .?

All help gratefully recieved .

[Andyorch]

Hi Going slow and welcome to CAG

 

Did you submit a defence...if you could provide a chronicle order of events to flesh the bones...then we can advise what you should do next.

 

Regards

 

Andy

[Going slow]

Hi

 

thanks . In asnwer to your queries

 

No defence submitted yet .

 

 

I did reply to the court to acknowledge the claim and that I would submit a defence prior to the deadline .

 

 

I then asked MDKP for copies of the documents ( Credit Agreement etc )but

they refused ( claiming I could submit a defence without them) .

 

 

I then issued a N244 form to the court .

 

 

This took ages but finally got my hearing at the end of September at my local court .

 

 

The Judge was sympathetic and ordered MKDP to provide the documents by the 15th October and awarded my costs .

 

 

I have received a copy of the General Form of Judgement and this confirms the above .

 

However I have not received anything from MKDP and a

 

 

m now concerned as I supposed to submit my defence by the middle of next week .

[Andyorch]

Read and complete the following posting your responses here and then we can run through the process as you should have done...rather than making applications.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

[Going slow]

Claimant - MKDP

Date of Issue - 01/05/2014

Particlaurs of Claim -

 

 

The Claimant claims the sum of £7XXX

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

originally between the defendant and Barclaycard .

The defendants account number if xxxxxxxxxxxx and was assigned to the claimant on xx/09/11 .

Notice of this has been proved to the defendant .

The defendant has failed to make payments in accordance of the terms of agreement and

a default notice has been served pursuant to the Consumer Credit Act 1974 .

The Claimant claims the sum of £7xxx and costs .

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

 

Value of claim - £7K

It was for a Credit Card taken out in 2001

The claim has been issued by MKDP

I did not receive a notice of assignment or default notice and have not recieved yearly/monthly notices

 

Why did you cease payements - made redundant

Was there a dispute with original creditor that remains unresolved - No

Did I attempt to enter a DMP with Barclaycard - Yes

 

Note

I have sent both a CCA1974 request and CPR 31.14 requests to the solicitor named on the claim form but in both cases were refused

 

I filed and acknowledgement of claim and

 

 

when I was not able to get the documents requested from MKDP filed an N244 claim .

 

 

This was heard at the end of September and judgement was awarded .

 

 

From this MKDP was to provide the following by the 15th October

 

1.Consumer Credit Agreement

2. Default Notice

3. Notice of Assignement

 

I would then submit a defence by the 6ht November 2014.

 

MKDP were also to pay my costs of £155 .

[Andyorch]

Where have you got your defence date from Going slow.....? The claim was issued 1/5/14 ...you acknowledged the claim within 19 days...that gives a 5 month gap?

[Going slow]

Hi

 

 

As I said the claim was issued on the 1/05/14 and acknowledged within the time period .

 

 

However when MKDP refused to provide copies of the documents mentioned in their claim .

 

 

I then applied for disclosure ( N244 ) via the courts .

 

 

This apparently then puts their original claim on hold until my claim was heard . hence the 5 month gap .

[Andyorch]

Okay so refer back to your general order after the hearing ordering the claimant to disclose by xxxxxx Oct...does it state the consequences of none compliance ?

 

Strike out the claim?

[Going slow]

Hi again

 

 

no there are no consequences mentioned in the order unfortunatley .

[Andyorch]

Then you submit a defence reflecting the same ...that the claimant has failed to comply with the order dated xxxxxx and then build a holding defence around that.