Morning Brigadier,

 

I'd be very grateful if you could give me your views on the last question/paragraph I sent you yesterday? If you don't believe it's a good idea to leave MKDP's default date as it stands and use it in court against them, please can you try to explain why for me? It seems to me as though it's the best defence I have, so I'm unclear why it would be better to try and get it corrected before the court case takes place?

 

Many thanks, Toots.

 

 

Hi Toots,

 

 

The incorrect default date has no dramatic effect with regard to the underling alleged debt and your defence to their claim, my feeling is IF this goes to court and the matter is before a judge the question that would be asked would be " how long have you been aware of the error and why have you not attempted to get it corrected?

 

 

As it stands causing incorrect data to be displayed is DPA 1998 matter for the Information Commissioner to act on not the County Court Judge.

 

 

We can address the data matter once your defence is safely filed.

 

 

Brig.

Its all ready in Court Brig and as you state correctly will not make a blind bit if difference...Toots you need to concentrate on presenting your defence not straw clutching.

Regards

Andy

Okay Brig, I understand now, and that helps me enormously, thank you.

I'll now wait for a draft letter I can send to Compello/anybody else you think, and go down that route.

Ta very much.

Okay Brig, I understand now, and that helps me enormously, thank you.

 

I'll now wait for a draft letter I can send to Compello/anybody else you think, and go down that route.

 

Ta very much.

I'll put something together toots and post it here later.

Brig.

Its all ready in Court Brig and as you state correctly will not make a blind bit if difference...Toots you need to concentrate on presenting your defence not straw clutching.

 

Regards

Andy

Hi Andy,

I didn't feel like I was straw clutching - I thought I'd stumbled across something quite big and that MKDP may have acted illegally. All I was looking for was clarification as to whether this was the case or not. Obviously, I now understand and that's all I was seeking. I have nobody else to ask questions of, so please don't think badly of me for needing answers to what are burning questions to me.

In terms of presenting my defence, I don't even know where to start and pray that somebody on here will advise and help me, once I receive a date from the court.

Thanks for posting again Andy.

Hi Andy,

 

I didn't feel like I was straw clutching - I thought I'd stumbled across something quite big and that MKDP may have acted illegally. All I was looking for was clarification as to whether this was the case or not. Obviously, I now understand and that's all I was seeking. I have nobody else to ask questions of, so please don't think badly of me for needing answers to what are burning questions to me.

 

In terms of presenting my defence, I don't even know where to start and pray that somebody on here will advise and help me, once I receive a date from the court.

 

Thanks for posting again Andy.

Never be afraid of asking questions here, of course help will be available when things move forward so don't worry over that!#

Brig.

Never be afraid of asking questions here, of course help will be available when things move forward so don't worry over that!#

 

 

Brig.

Thanks SO much Brig, I very much appreciate your help and your words.

I'll put something together toots and post it here later.

 

 

Brig.

Morning Brig,

Sorry if I'm being a nuisance, but do you have anything ready for me yet please?

Thank you,

Toots.

Morning Brig,

 

Sorry if I'm being a nuisance, but do you have anything ready for me yet please?

 

Thank you,

 

Toots.

Hi Toots,

I'll get it finished today, was called away Friday and party of yesterday.

Brig.

That would be really helpful, many thanks Brig.

That would be really helpful, many thanks Brig.

OK: Once the defence is off to the court you can send this to.

Ms Sarah Lambert

CEO the Compello Group

(same address as MKDP)

Date:

Ref: use MKDP's:

Re: Complaint: Incorrect Data Reported to Credit Reference Agencies.

Dear Ms Lambert,

I refer you to the alleged debt being pursued by MKDP arising from an account with xxxxxx in the sum of £xxx.xx, please note I do not acknowledge an liability to MKDP or any other company of the Compello Group.

I have been researching my credit history whilst preparing to defend the court action commenced by MKDP in regard to this alleged debt, having checked my credit reference files held by xxxxxxxxx credit reference agency I have found a serious error regarding the data that MRDP has caused to be displayed on my files.

The original creditor registered the default date on the account on xx.xx.xxxx, MKDP has changed this date to XX.XX.XXXX , as you are no doubt the default date cannot be changed by MKDP.

I am aware that some debt purchaser contend that they can register a "new default" when a debt is acquired this is of course totally incorrect.

Before making complaints to the Information Commissioners Office and the Financial Conduct Authority I will allow MKDP 7 (seven) working days from the date hereon to fully explain why it has caused this incorrect data to be placed and to remove it and replace it with the correct information on All CRA files to which it has reported the incorrect date.

(send a screen print of the CRA entries, use signed for post and check delivery date.)

Many, many thanks Brig.

Just so you are aware, and in case it makes some difference, my final defence was filed with the court and the Claimant at the beginning of July. I haven't heard a thing since then, which I don't understand??! (I keep wondering whether it's been forgotten about, or that the Claimant has given up and for some reason I haven't been informed - wishful thinking on my part I'm sure!!).

On the million to one chance it HAS been forgotten about, in lodging the complaint about the incorrect default date, I'm worried that it may prompt the Claimant to push the court into action or something else? I know I'm going to go to pieces once I receive a court date and am petrified of provoking something that hasn't yet happened.

Do you think that I may be better waiting until I hear something else from the court or the Claimant Brig please? ( I could always say that I'd only just researched my credit history at that time, or that it took me a while to realise there was a different default date, ((which is the truth)) ).

If I'm ruining your weekend, please leave a response until a better time for you.

With much gratitude,

Toots.

Many, many thanks Brig.

 

Just so you are aware, and in case it makes some difference, my final defence was filed with the court and the Claimant at the beginning of July. I haven't heard a thing since then, which I don't understand??! (I keep wondering whether it's been forgotten about, or that the Claimant has given up and for some reason I haven't been informed - wishful thinking on my part I'm sure!!).

 

On the million to one chance it HAS been forgotten about, in lodging the complaint about the incorrect default date, I'm worried that it may prompt the Claimant to push the court into action or something else? I know I'm going to go to pieces once I receive a court date and am petrified of provoking something that hasn't yet happened.

 

Do you think that I may be better waiting until I hear something else from the court or the Claimant Brig please? ( I could always say that I'd only just researched my credit history at that time, or that it took me a while to realise there was a different default date, ((which is the truth)) ).

 

If I'm ruining your weekend, please leave a response until a better time for you.

 

With much gratitude,

 

Toots.

Hi Toots,

I don't think the court case has been " forgotten about", you can always phone the court to find out what is going on.

I presume your defence was acknowledged?

The two matter are separate, and the drafted letter can be used at any point.

Don't worry about my time, there's lots to distract me at the moment.!!

You're a star Brig!!

I have proof that both the court and the Claimant received my defence at the beginning of July, but I haven't heard a word from anybody, no acknowledgement, nothing.

I know I could ring the court, but while nothing is happening, life is so much easier to bear and so I bury my head in the sand whenever I can manage to.

You're a star Brig!!

 

I have proof that both the court and the Claimant received my defence at the beginning of July, but I haven't heard a word from anybody, no acknowledgement, nothing.

 

I know I could ring the court, but while nothing is happening, life is so much easier to bear and so I bury my head in the sand whenever I can manage to.

Ok Toots,

My feeling is not to trust MKDP at all, checking with the court wont do any damage, but it may well ensure that there is no "sneaky" attempts to do anything without your knowledge.

A " heads up" shall we say rather than buried in the proverbial sand!!!

Cheers Brig, thank you for your support and your very kind efforts to cajole me into action.

I'm not sure I'm ready to hear what the court have to say - I've convinced myself that in making contact, they'll find my lost file or something, and I'll inadvertently kick start some action that I can't face!

Please get on with your Sunday evening and enjoy.

It won't be the last you'll hear from me, so enjoy the break from my ramblings while you can Brig.

Huge thanks for today.

Cheers Brig, thank you for your support and your very kind efforts to cajole me into action.

 

I'm not sure I'm ready to hear what the court have to say - I've convinced myself that in making contact, they'll find my lost file or something, and I'll inadvertently kick start some action that I can't face!

 

Please get on with your Sunday evening and enjoy.

 

It won't be the last you'll hear from me, so enjoy the break from my ramblings while you can Brig.

 

Huge thanks for today.

Happy to help practically or just supporting!!

Brig.

toots, there is no danger in contacting the court and asking what the status of your claim is I know that MCOL are a bit behind with their administration and also it would appear they have been tinkering around with their system - a lot of people are having to file their claims by email or fax as they are unable to access their claims !!

Hello again Citizen B!

I thought you had disappeared to pastures new, so very good to hear from you again, thank you.

My final defence was sent to my local court, not MCOL. (I dealt with MCOL at the start, but they then transferred it to my local court, at the appropriate time). I'm hoping that they've lost it and fear a phone call from me will start a search for it and it will be resurrected.

Sorry I didn't realise you were now with your local court - If they have lost it, then that wont be very helpful as you will likely be lumbered with a default judgment !!

Truly the clerks are not monsters so a simple telephone call to allay any fears wont harm

As for disappearing .. I cant go too far.. they nailed me to the chair

With regards to the default issue - don't let that side-track you from any timeline with the court.. !!

Sorry I didn't realise you were now with your local court - If they have lost it, then that wont be very helpful as you will likely be lumbered with a default judgment !!

 

Truly the clerks are not monsters so a simple telephone call to allay any fears wont harm

 

As for disappearing .. I cant go too far.. they nailed me to the chair

Ooh, sounds painful!!

Surely my credit file would show a CCJ, or I'd have heard something if a default had been entered

With regards to the default issue - don't let that side-track you from any timeline with the court.. !!

I don't have any time lines now Citizen B - I entered my defence at the right time, but haven't heard a word since??

I don't have any time lines now Citizen B - I entered my defence at the right time, but haven't heard a word since??

You do have time lines.

You MUST ensure that your defence is in.

Forget everything else...the court process is NO. 1 Priority

You do have time lines.

 

 

 

 

Thank you for posting. I have proof that my defence reached both the court and the Claimant at the beginning of July, so I have been waiting to hear back from the court??

Make sure you print off the proof.

Find out the status of the claim i.e. stayed or something else.

Your focus must be on the court proceedings.