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janedow

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  1. Hi, everyone could anyone offer advice on me sending Part 18 request or should I have posted this follow up on original thread ?, I thought because it was another claim I had to open a new thread, hope i haven't got it wrong? Thanks PS the claim is for more than £5k but didn't want to put exact figures in in case it showed who I was.
  2. Hi and thanks for the reply, Some of it is owed by me minus unfair charges plus interest, but I cant work out what is unfair until I receive the information back from Barclaycard who didn't respond to my SAR last year. I made a complaint and issued another this week, this time keeping all copies of Rec delivery slips and postal order slips in VERY safe place, I issued a CCA request to MKD by rec delivery to. Im thinking of asking MK for exact details of how much of the amount they are claiming is unfair charges plus interest by sending a PART 18 REQUEST letter, would that be a good idea or not do you think?
  3. Hi everyone, I started another thread but as it was thrown out of county court due to the wrong company claiming money I have now been sent the correct court papers and would really appreciate some help. Old thread http://www.consumeractiongroup.co.uk/forum/showthread.php?345119-Help-please!-been-sent-a-county-court-claim-by-Tradepro-card-services-ltd Received a county court claim today from MKDP LLP issue date April 5th but received today April 12th. The exact Particulars of claim. The claimant claims the some of £57..being monies due from the defendant to the claimant under a regulated agreement between defendant and Barclaycard (123456789000000) and assigned to the claimant on 13th March 2011 notice of which has been supplied to the defendant. The defendant has failed to make payment in accordance with the terms of agreement to the consumer credit act 1974 The claimant claims the sum of £57.. and costs The claimant has compiled, as far as is necessary, with the pre-action conduct practice direction. I have already sent a request for the original credit agreement rec delivery, I also sent another SAR to Barclacard Rec delivery as they couldn't find my last request. Please help, as I said on the other thread, I'm suffering from anxiety and depression and am on Incapacity benefit so have no way of paying at present.
  4. Received a letter today confirming MK have cancelled to claim but will issue another, thanks for all the help, ill post back when I get the POC on the new claim, I ve sent them a CCA request too!
  5. Hi everyone just phoned the court who said it had just been withdrawn so I have a little breathing space until the next one arrives that is.
  6. Hi everyone, I called Barclay card and they said they havent got the SAR, but did find the request that made to send in a original Credit agreement, they said make complaint or send in another SAR request with £10:( I cant find the recorded delivery slip or postal order, looked everywhere. Barclay card state I last made a payment of£108.60 July 2010. The original debt was for a Morgan stanley account which Barclay card took over. MK Have said that they issued the wrong company name on the claims paper (IT SHOULD NOT HAVE BEEN TRADEPRO) and I will receive another with the correct company making the claim against me, its not MK or TRADEPRO confused.com Barclay card say they never sent me a letter stating the 2 accounts were sold to MK as they didn't have to, this is where I have screwed up, I thought they had to and until they sent my data in my SAR I wasnt going to deal with MK. Thanks again for replys guys will call the court to find out if its still going forward and update later.
  7. Hi Guys and thanks again for your efforts in helping me. Quick update, I called MK and said I have never had any communication with TRADEPRO, only MK have ever written to me, the person said the claim had been issued in the WRONG company name and I should receive another claim form with the correct company name on it, The name began with P I didnt get the rest of it but the new claim form should be here today or tomorrow according to them. Not sure what to do now, I only have a few days left to reply to the original claim due to not being here and the Easter bank holiday. I am also sending another SUBJECT TO ACCESS REQUEST to MK as if they have taken over the account and they have another Barclay card account so I need all data on that one, they should have all data I think, correct me if Im wrong. I am also making a complaint to Barclay card as they have not supplied the data I requested months ago.
  8. Hi, Thank you for clearing that up I sort of get it now, your help is much appreciated.
  9. Hi Guys how does this seem ok to send off? MKD LLP janedow DATED April 6TH Re: (Tradepro) v (janedow) Case No:123456 CPR 31.14 Request On 6th April I received the Claim Form in this case issued by you out of the (Name) county court. I was away due a family illness and only recieved the letter on my return. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. I request the original credit aggreement from Barclaycard and sent them a subject to access request some months ago as I feel that there is unfair charges plus interest on the account. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the assignment* 3 the default notice* 4 the termination notice* 5 [any other documents mentioned in the Particulars of Claim] You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully janedow
  10. Hi, do I acknowledge the claim on-line or by letter? also they have sent me an income and expenses form do I fill that in? what is the basis of my defence? l I know I owe money to Barclaycard but I cant tell them what I owe until I get all the unfair charges and interest removed but I ve no time to get the correct figures. My heads spinning with all this I really have no clue how this works! will I have to go to court in Northampton? The claim is dated 27th March is it 5 days after this plus 14 days that I have to acknowledge/respond? There is a section that says to admit part of the claim and if so how much but I cant tell them without the last 6 years accounts. The other thing is i have never heard of Tradepro until this claim, other letters only mentioned MKD so I have no idea who Tradepro are. I am totally stressed out by all this but its my fault for getting ill and not being able to keep up payment, thanks again for your help.
  11. Hi I will give you exactly what it states in the particulars box. claimant TRADEPRO CARD SERVICES Address for sending document sand payments, MKDP LLP (Excatly the same as Tradepro address) particulars of claim The claimant claims payment of overdue balance due from defendant under an agreement dated .....1999 The defendant has failed to make payment in accordance with the terms and conditions and a default notice has been served pursuant to the consumer credit act1974. The claimant has compiled as far as is necessary , with the pre action conduct practise. The claimant claims the sum of £5674. Thats the exact wording, thanks again for taking the time to help me.
  12. Hi, what is a CRA? Im pretty sure I used it within the last 6 years, we only got into financial trouble when I got ill and Cahoot started hammering us with interest..... Can I send a Subject to access request to MKD LLP on Tuesday Special delivery as they have taken over the Barclaycard account? Im not sure how to get more time to defend it because of the unfair charges and interest due to me only receiving on Friday evening when I returned, I'm worried sick now reading through some of the Bailiff story's on another thread. Thanks again for your reply.
  13. Hi, what is a CRA? Im pretty sure I used it within the last 6 years, we only got into financial trouble when I got ill and Cahoot started hammering us with interest..... Can I send a Subject to access request to MKD LLP on Tuesday Special delivery as they have taken over the Barclaycard account? Im not sure how to get more time to defend it because of the unfair charges and interest due to me only receiving on Friday evening when I returned, I'm worried sick now reading through some of the Bailiff story's on another thread. Thanks again for your reply.
  14. Hi Thank you for replying, I took out the credit card in 1999 or so the court forms state. The particulars state I its an over due balance, the defendant has failed to make payments in accordance with terms and conditions and a default notice has been served pursuant to cca 1974. the claimant has compiled as far as is necessary with the pre action conduct practise direction. I think I made a few payments to Mercers about 18 months ago, but then they said I wasn't paying enough so there was nothing I could do about it, ill find out for sure on Tuesday when I call Barclaycard back.
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