Hi everyone,

I hope someone maybe able to offer me some advice,

I have a debt with Barclaycard for £5674.82,

I sent Barclaycard a Subject to access request about 4 months ago with £10 postal order, they never replied so I left it,

they had passed the debt to MKD LLP,

I wrote and told MKD what was happening, they were fine and sent it back to Barclay card.

Barclaycard since sold or given the debt to MK,

they have now sent me court papers for Northampton county court, letter dated 27th March I received it yesterday April 6th when I returned home

as I was away for 2 weeks due to a family illness in Italy.

As its bank holiday weekend I cannot phone the court as its closed,

MKD LLP have said call back Tueday as there legal team are not there until after the bank holiday weekend.

Barclaycard said they cant tell me anything until there collections open on Tuesday!

Im on incapacity benefit for chronic anxiety and depression and have been for the last few years so there is no way I can pay over £5k

I live with my wife who works part time and have a 6 year old son, our home is Mortgaged.

I have no idea what to do and am worried sick the bailiffs will come and take what little we have,

I know I should have chased Barclays for the data to reclaim my charges and interest but just thought they were dragging there heals

and to be honest was just glad all the phone calls and letters stopped,

if anyone can offer me any advice id be great full.

Have a read through this thread.

http://www.consumeractiongroup.co.uk/forum/showthread.php?337892-Received-a-claim-from-arrow-global-at-Northampton-CC-really-dont-know-where-to-go&highlight=part+18

You need to send the cpr 31.14 letter to MKD asking for copies of the relevant documents, that are relevant to the particulars of claim.

It would be helpful to the thread and other people that respond, if you could add a post with details of the particulars of claim that have been sent to you. When you post, remove anything that could identify you.

At this point don't do anything with the court claim, until you have had further advice. I am not sure, whether you acknowledge to defend. It would depend on the details.

When did you last make any payments in regard to the BC account or admit in writing to owing the debt ?

Post back with a bit more detail of this history of the debt and when did you take out the BC account ? If it is an old BC account, they may not have the CCA on record, which not help them take this to court, if you were going to defend.

Have a read through this thread.

 

 

You need to send the cpr 31.14 letter to MKD asking for copies of the relevant documents, that are relevant to the particulars of claim.

 

It would be helpful to the thread and other people that respond, if you could add a post with details of the particulars of claim that have been sent to you. When you post, remove anything that could identify you.

 

At this point don't do anything with the court claim, until you have had further advice. I am not sure, whether you acknowledge to defend. It would depend on the details.

 

When did you last make any payments in regard to the BC account or admit in writing to owing the debt ?

 

Post back with a bit more detail of this history of the debt and when did you take out the BC account ? If it is an old BC account, they may not have the CCA on record, which not help them take this to court, if you were going to defend.

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.

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.

Who is noted as the claimant ?

Have you ever received any notice of assignment to confirm that MKD are now the owners of the debt ?

When did you stop paying Mercers ?

In the particulars it says that the claimant has complied with the pre action practice conduct direction. What has the claimant sent to you ?

for a card that old was there a period of 6yrs when everything went quiet?

i'e no use or no payments?

what does your CRA file say about this debt?

dx

for a card that old was there a period of 6yrs when everything went quiet?

i'e no use or no payments?

 

what does your CRA file say about this debt?

 

dx

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.

stop worrying about bailiffs, thats a very very long way off

and is not 'std' practice on a civil debt!

cra file is detailed below in my sig.

if you have already sent an SAR to barclaycard. you need to chase then up

has your £10 been cashed?

regardless of 'last' 6yrs, could there are been any period of 6yrs where you made no use/payment on it.

dx

for a card that old was there a period of 6yrs when everything went quiet?

i'e no use or no payments?

 

what does your CRA file say about this debt?

 

dx

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.

regardless of 'last' 6yrs, could there are been any period of 6yrs where you made no use/payment on it.

if there has been a payment within the last 6 years, and the OP is fairly clear that there has been,'then the debt is not statute barred even if there has earlier been such a 6 year period.

Yes unlikely to be statute barred. You have been using the card and making some payments within the last 6 years.

I think MKD are hoping to get the CCJ by default on the basis that you won't defend. The particulars of claim you mention, don't appear to be serious, however, you have not typed up the whole wording. It does not mention any assignment or MKD having bought the debt and does not mention any interest.

Can you post the actual particulars of claim, removing anything that could identify you and can you also post who the actual claimants are. If MKD are making the claim, they need to show that they have been assigned or bought the debt.

I think if you acknowledged the claim and said that you will defend in full, it then gives you another 14 days, in which to submit a defence. To help you defend, you would send the CPR 31.14 letter, asking for all relevant documents to be disclosed to you. If you don't get these within the 14 days, you advise your local court, if this is allocated that the claimant had not complied with your CPR request. MKD might not proceed with the claim if they don't have the paperwork, once they hear you will defend.

This is the CPR 31.14 letter which you would send to MKD.

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

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]*

* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

# delete if claim for a sum exceeding £5,000.00

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 (print name)

if there has been a payment within the last 6 years, and the OP is fairly clear that there has been,'then the debt is not statute barred even if there has earlier been such a 6 year period.

once sb'ed always sb'ed not even a judge can unbar a debt

dx

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.

Wait for other opinions. But I would suggest that you acknowledge the claim and that you will defend in full. Send the CPR 31.14 letter by recorded delivery, addressed to Tradepro Card Services/MKD at the address where they are based. MKD are probably their in house legal.

In the CPR letter, you can add a sentence about having made the subject access request and not having received any reply.

It is definately the CPR letter that you need to send and not the SAR.

once sb'ed always sb'ed not even a judge can unbar a debt

 

dx

You're quite right in fact. Thanks for that.

(Save that, for certain claims, the court can extend the limitation period; but that's not relevant here)

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.

Any other opinions on POC. To me these seem a bit lacking. If the debt was originally with Barclaycard and they have sold it to Tradepro Card Services, surely Tradepro needed to confirm in the POC, that they had bought the debt ? They have also not mentioned any interest.

I am not an expert, but I would say to acknowledge to defend in full and send the CPR 31.14. Any other opinions on the course of action ? The court claims need to be acknowledged by the OP in the next couple of days.

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.

As far as I know, you acknowledge online that you will defend in full and then you have 14 days to submit your defence, plus the claimant will have to provide the information relevant to the claim. When you enter the defence info, you ask for the claim to be moved to the nearest county court to you. ( others will be able to advise you on this or there is plenty of info online and on CAG). The court will send the claimant a copy of your defence. If they then want to proceed, both parties will be sent allocation questionnaires.

Once you have acknowledged, you then have the 14 days to decide on your defence. Ideally to enable this, you need the documents from Tradepro/MKD. But if you don't have these within the 14 days after acknowledgement, then your defence would be that Tradepro/MKD have not provided you with the documents pertinent to the POC following you sending them the CPR 31.14 request. Also you would dispute that Tradepro have any rights to any debt to Barclaycard, as they have not confirmed any assignment. You would dispute the amount of the court claim, as Barclaycard had not replied to requests for information, so that enquiries could be made about charges added to the account.

At this stage completing income and expenditure is not relevant, if you are disputing the debt.

Don't panic as more advice will be coming from others on CAG. ( It is Easter, so those more expert are probably having a break) What MKD are hoping is that you don't do anything and they win by default.

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

As far as I know, you acknowledge online that you will defend in full and then you have 14 days to submit your defence, plus the claimant will have to provide the information relevant to the claim. When you enter the defence info, you ask for the claim to be moved to the nearest county court to you. ( others will be able to advise you on this or there is plenty of info online and on CAG). The court will send the claimant a copy of your defence. If they then want to proceed, both parties will be sent allocation questionnaires.

 

Once you have acknowledged, you then have the 14 days to decide on your defence. Ideally to enable this, you need the documents from Tradepro/MKD. But if you don't have these within the 14 days after acknowledgement, then your defence would be that Tradepro/MKD have not provided you with the documents pertinent to the POC following you sending them the CPR 31.14 request. Also you would dispute that Tradepro have any rights to any debt to Barclaycard, as they have not confirmed any assignment. You would dispute the amount of the court claim, as Barclaycard had not replied to requests for information, so that enquiries could be made about charges added to the account.

 

At this stage completing income and expenditure is not relevant, if you are disputing the debt.

 

Don't panic as more advice will be coming from others on CAG. ( It is Easter, so those more expert are probably having a break) What MKD are hoping is that you don't do anything and they win by default.

Hi, Thank you for clearing that up I sort of get it now, your help is much appreciated.

Hi all, I have had dealings with these fools.

Tradepro started off as a business credit card lot for tradesmen, and touted their wares in national builders merchants,

they basically has a short skirt totty asking if anyone wanted to APPLY for a card.

- the interest rates were extortionate, late payment fees were 35 qiud - need I go on.

they tried to take my mate to court back end last year but I defended for him, and Tradepro didn't make the big payment to the court (£545)

by a week before hearing and we got case struck out.

I now see they are just low lide DCA's.

Defend with vigour my friend, they tried to say they had no-one to sign the cheque

- a big company like that and lots of money at stake, and nobody had a pen!!!!

they were just hoping we would cave in and they would win by default.

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 Nortthampton county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

I requested the original credit agreement 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. They failed to respond to my request.

 

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 documents, which are pertinent to the 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 ) Copies of all statements from Barclaycard which show how the sum of £5674 is calculated, plus a copy of the terms and conditions that applied to the account.

 

 

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

I have amended the letter a little. My only concern is that the POC from Tradepro/MKD is pretty vague and does not mention documents. This is probably deliberate, so that they can say that they don't need to comply with the CPR 31.14 request. For this reason, I have raised a question with the site team, to see whether they advise any change to the letter.

Thank you for checking that.

You can only request documents that are mentioned in the Particular of Claims. Any other information would need to be requested via CPR part 18 and you need to be pretty cute in the way you request such information.

I have put an example below.. Please, please do not simply copy this, you must ask the questions required for your own circumstances.

Depending on the responses you receive, you should then simply be able to request copies of the documents from which they obtain the information they give.

xx

 

Your Name

Your Address

IN THE XXXXXXXXX county court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

　

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

xx

 

Thanks for that CB. If a POC is written in such a way to avoid having to provide relevant documents, surely this is an an abuse of process, which needs to be questioned in the Part 18 request. Can you ask for anything to be clarified in a part 18 request and for the claimant to provide supporting evidence by supplying relevant documents ?