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MKDP LLP Claim for Morgan Stanley/Goldfish/Barclaycard


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M K would have passed your request on to Barclays who then sent you the CCA direct. It's not about ownership.

 

I'm curious.

 

 

Have they managed to come up with a copy of a real Morgan Stanley executed agreement?

 

 

If it's only one from the time of Barclays's takeover, it's not your original contract and I very much doubt that you were asked to sign for it.

 

 

If my memory serves me well, Barclays's inheritance cards were issued automatically

- but after notification [which you say you did not receive].

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I thought ownership would have some impact if MKDP have issued the notice for the CCJ and not barclaycard. Excuse my naivety to the situation.

 

Well I'm a bit confused as the agreement they've sent has Morgan Stanley T&C's as well as the Barclaycard T&C's but nothing has my signature on. It also has information in there about a card protection plan policy - I wasn't aware I was paying for any insurance. Could it just be standard information?

 

As far as I can recall, I did have notification that Barclaycard had taken over the goldfish account, but not that Goldfish had taken over Morgan Stanley.

 

Also, may I please ask what this means in Barclaycard's response?

 

"With regards to your reference to sections 5(2), 3 (b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008, we do not accept that there is any basis to assert that we have not fully complied with our obligations.

 

We know that your account is not in dispute because of any delay in providing your copy documents as Section 78)6) (b) was repealed on the 31st May 2008. It is now no longer an offence for a creditor to fail to comply with s78(6) for more than one month.

 

This completes our obligations under Section 78 of the Act."

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Hello,

 

 

hoping somebody might have a moment to get back to me please?!

 

 

I'm confused as dx previously suggested I shouldn't bother sending the CCA to barclaycard as they had sold it,

but from their response it shows they still own the debt and MKDP are acting on their behalf.

 

 

How does this change things?

 

 

Now that they've responded but haven't sent the original signed agreement,

does this change my defence?

 

Thank you so much :)

 

 

So thankful this wonderful forum exists...

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BC would NOT be using MKDP

 

 

they very rarely do court themselves [bC]

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can you go get your credit file please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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MKDP must own the debt to goto court as the claimant.

 

 

me thinks you are getting confused here

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As I told you earlier, the fact that Barclays sent the supposed CCA does not mean they still own the account, simply that the present owner M K passed on your request as per their obligation.

 

Unfortunately Barclays don't help matters by sending out that template cover letter to ppl, regardless of what was asked of them, including the nonsense you quoted about criminal offence and usually the balance at the time they dumped the account. It is highly misleading.

 

By the way, Morgan Stanley bought Goldfish from Lloyds [credit cards only, not loans], rebranded some accounts as Goldfish, then sold out to Barclays and exited the UK as it was "too competitive".

 

You say the account has been passed around between many companies: as far as I can see, it changed hands due to M S's exit and finally to M K due to your having defaulted. So two changes of owner and only one of which was "personal", the other corporate. Don't get bogged down in this aspect unless you can identify any irregularity in the notices of assignment.

 

You should be reading through similar cases to familiarise yourself with what may follow now. There are other threads where Barclays sold to M K.

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  • 4 weeks later...

Hello again, hoping someone may please be able to advise...

 

I've been away for a little bit and

 

 

got back to find a notice of proposed allocation to the small claims track with a N180 I need to complete by 30th October.

 

 

MKDP have sent me a copy of their questionnaire but still haven't responded to my CPR and CCA requests.

 

I'll look at some other threads now but would be really grateful for some advice?

 

 

I have no idea of how the process works and what to expect next...

 

Thank you! :oops:

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You submit the N180 by the date required...yes to mediation the rest is self explanatory.

We could do with some help from you.

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Thank you so much Andy for your response

... I get a bit panicked when new information comes through and I don't know what to expect!

 

Considering the background of this situation, I can't find a default date on my credit report

and that they haven't responded to my CCA & CPR requests,

 

 

is it better for me to try and resolve this through the mediation

(although from what I've read on mediations with MKDP on some other threads, they don't seem to budge!)?

 

 

Sorry I know you can't predict, but just if you may have some insight on how these things generally go,

 

 

I'm so grateful for any thoughts and advice :-)

 

 

This just takes up so much time and stress and I'd like to resolve it as best I can.

 

Thank you so much! :-)

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All parties are expected to participate in mediation...whether its successful or not....go through the process...The DQ is for allocation purposes only......the court will then direct on disclosure.

 

Enter into mediation with an open mind...without clarification (hence your requests for disclosure) you cant admit or deny and seek clarification...mediation is about narrowing the differences...sometimes it can result in a settlement but in most cases it simply sets the bar for trial.

We could do with some help from you.

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  • 6 months later...

Hello there.

 

Well it's been some time, but I've now been given a court date in July.

I requested Mediation but nothing happened...

 

I'm wondering if anyone may please have some advice on how I should approach this in court.

 

 

MKDP never responded to my CCA and CPR requests and I have very little paperwork relating to the original credit card.

 

Any advise or thoughts would be sincerely appreciated.

 

Thank you so much.

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Hello there.

 

Well it's been some time, but I've now been given a court date in July.

I requested Mediation but nothing happened...Did you ring and arrange it ?

 

I'm wondering if anyone may please have some advice on how I should approach this in court. Follow the Notice of Allocation in particular (Directions) standard disclosure and exchanging witness statements.

 

 

MKDP never responded to my CCA and CPR requests and I have very little paperwork relating to the original credit card.

 

Any advise or thoughts would be sincerely appreciated.

 

Thank you so much.

 

Andy

We could do with some help from you.

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  • 1 month later...

Hi Andy, I requested mediation and was told that I would be contacted if the other party also wanted mediation, but I heard nothing.

 

My first notice of allocation letter says:

 

Parties serve and file copy document 14 days before hearing

The original documents shall be brought to the hearing.

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared

and copies included in the documents mentioned above.

 

I'm sorry for my ignorance

I have no idea what documents and evidence I am supposed to provide?

 

I have never been through anything like this before I'm finding this process extremely stressful.

 

Do you think it is advisable for me to contact MKDP directly to try and settle the balance in full?

 

I am in the process of moving house, having a wedding and business trips coming up

and this is honestly the last thing I need! I just want to be rid of this situation..

 

If anybody could please advise on what I should do, I'd be so grateful.

 

Thank you...

 

I've read in other forums about a court bundle, what does this consist of?

 

 

I'm supposed to file this to the court and to MKDP?

They are also supposed to do the same?

 

 

I've heard nothing from MKDP other than a statement of the account. The hearing is on the 6th July...

Can I submit documents prior to the hearing via email?

 

Sorry for so many questions...

 

 

I'd have thought there'd be some kind of instructions with my hearing notice on what I'm supposed to do so now I'm stressing out big time!

 

Thank you in advance!

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Hi Andy, I requested mediation and was told that I would be contacted if the other party also wanted mediation, but I heard nothing.Did you ring up the mediation service and signify you wished to set it up?

 

My first notice of allocation letter says:

 

Parties serve and file copy document 14 days before hearing

The original documents shall be brought to the hearing.

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared

and copies included in the documents mentioned above.

 

I'm sorry for my ignorance

I have no idea what documents and evidence I am supposed to provide? This is standard disclosure...did you not request a CCA or CPR ? Did you get a response? Anything else you referred to in your defence that you wish to rely on? Your Witness Statement will be one of the documents (that you have yet to draft)

 

I have never been through anything like this before I'm finding this process extremely stressful. You really should be reading other threads then you would know the answers that many have already asked and completed

 

Do you think it is advisable for me to contact MKDP directly to try and settle the balance in full? Your decision...you could have done that before deciding to defend

 

I am in the process of moving house, having a wedding and business trips coming up

and this is honestly the last thing I need! I just want to be rid of this situation.. Well Litigation involves a little work...but if they discontinue then far better than a CCJ for 6 years

 

If anybody could please advise on what I should do, I'd be so grateful.

 

Thank you...

 

I've read in other forums about a court bundle, what does this consist of? No bundles in Small Claims Track...just Standard Disclosure...see above.Should take you about Hour to respond and comply with the courts Directions.

 

 

I'm supposed to file this to the court and to MKDP? Yes a per the directions above

They are also supposed to do the same? Yes as per the directions above

 

 

I've heard nothing from MKDP other than a statement of the account. The hearing is on the 6th July...You wont..there is no need for them to contact you

 

Can I submit documents prior to the hearing via email? If the claimants Solicitor accepts electronic correspondence ...you must post the courts copies

 

Sorry for so many questions...

 

 

I'd have thought there'd be some kind of instructions with my hearing notice on what I'm supposed to do so now I'm stressing out big time!The Directions are the instructions

 

Thank you in advance!

 

Regards

 

Andy

We could do with some help from you.

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I emailed to request mediation, this was their response:

Thank you for your email. Your interest in mediation has been noted. If the other party is also willing to mediate, we will contact you to book an appointment. Mediation can only take place if both parties are willing to negotiate. If one party does not want to mediate, your case will proceed to a County Court hearing.

 

As I mentioned before, I requested a CCA and CPR but have not heard back from them.

 

I have been reading other threads, which is where I was reading about bundles hence my confusion. I'm sorry it seems as though I am being a nuisance and perhaps should no longer post here as I do not wish to annoy anybody.

 

I did contact MKDP to try and stop this process but they didn't want to co-operate. I just wanted some advice on whether it would be good to try again to settle this before the hearing. I am aware that litigation requires work, it was never my decision for things to go to court so am doing my best to get my head around what is involved. I am not aware of the "Directions"other than the directions questionnaire.

 

Thank you for your response and I'm sorry to have troubled you.

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No trouble at all Global Citizen...so from your first point you take from it that the claimant declined....that's a plus to you and you can raise it within your witness statement .

 

So you have your CPR & CCA and Witness statement ...that's 3 documents that you will disclose by the dates stated.

 

You cant stop a claim...there is no process...you either accept or you defend..and if you defend there is always a possibility that it will proceed to trial...but 90% don't and discontinue.

 

The Directions are what you have listed in your post #42 above......from your Notice of Allocation...which you received after submitting your Directions Questionnaire ...

 

"My first notice of allocation letter says:

 

Parties serve and file copy document 14 days before hearing

The original documents shall be brought to the hearing.

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared

and copies included in the documents mentioned above. "

 

Regards

 

Andy

We could do with some help from you.

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Hello Andy,

 

Many thanks for your response.

 

When you say they don't go to trial, you mean beyond the small claim hearing? Are you able to advise what can be done to avoid a CCJ? This is the only reason I'm considering contacting them directly to clear the debt as I'm nervous that going to court will result in a CCJ.

 

Thank you so much.

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Small Claims Hearing...Trial ..same thing.........most dont...depending on how difficult you make the process and what happens before that date..

 

Say for argument sake...you submit your standard disclosure and witness statement on time as directed and they dont...it could be struck out.

Or they cant do standard disclosure because they have nothing to disclose...you have stated that they have not responded to your CCA request...

 

So many things can happen along the way and it may be a procedural error by the claimant...until you are both in court and you have both done everything the court has requested...Im afraid its impossible to advise on how to avoid a CCJ or what the result may be.Game of poker and who slips first.

 

What if you did offer to settle...and it turns out they have no paperwork and intended to discontinue the claim............

 

No need to be nervous of attending court......dentist is far more frightening.

We could do with some help from you.

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Just make sure you comply with the directions by the date stated......you can always enter into settlement negotiation later...before the trial date.

We could do with some help from you.

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Thank you Andy. I'm currently putting together my witness statement and supporting evidence. My trial date is 6th July, is it right to say 14 days before this date would be Tuesday 23rd June? Perhaps I could please post my witness statement here minus personal details for your expert eyes to advise if it sufficient?

 

Thank you so much.

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