Hi Andy and others, Quick update as to many threads end without fully understanding how things have been left. In 3 hours I go head to head again in court, the difference this time is they are now aware of the payments I made to Mercers back in 2012. They complied 5 days ago with the Judges instruction for them to complete a trial pack, not much added on their part, just a further 12 months copy statements showing nothing but charges and interest. No mention on the account of the payments made to Mercers. I shall be putting a lot on emphasis on those payments today. Not sure how the judge will be over the reconstituted CCA as his last words to me in December were to read Carey vs HSBC. The judge has set aside 2 hours for the hearing I shall update this post this evening good or bad and hope that this helps others in the future when standing up to these companies. Catch up later OMH

Hi DX100UK, Thank you for the support. It does feel OK Knowing I held my own. I can not see how they can supply enough new evidence by 9th Jan to support their claim otherwise they would have supplied it months ago during all my requests and payment for information (CCA, SAR) Should be an interesting couple of weeks.... I have a few missing bank statements to request and a bit of copying, other than that I'm ready! OMH

Hi All, Just got back from court... Case has been adjourned until after March. This was with mutual agreement with MKDP's appointed solicitor. We spent an hour going over their WS and Mine each trying to pull apart, he kept telling me that the judge would not find in my favour since Carey vs HSBC and the advice of web sites like CAG was giving people false hope that they could escape their debts. He then asked if I would like to make an offer to settle. I reminded him that If I believed the account they were saying was mine and I had spent the money it would be a good offer, but I don't and nothing they have sent proves I do. I introduced doubt in his argument by referring to the payments I had made to Mercers! Can you prove that was his response, so I hit him with the bank statements.... .. Suddenly he changed his attitude and started talking about discussions with MKDP and that he could now see the confusion over the accounts and time is needed for them to do their home work and for me to submit new evidence that I will be relying in court. He then told the Usher after he had a 5min chat on the phone to MKDP that we had both agreed to adjourn the case. An hour later we were called in to see the DJ, their solicitor did most of the talking to the Judge who added a couple of lines about MKDP preparing ALL the evidence for the trial which he has set for first available after March the 2nd 2015. Both I and MKDP have to submit further evidence by 4:00pm on the 9th January 2015. The only comment about the case that the DJ directed at me was to make sure I read "Carey vs HSBC" not sure if that's a good thing or not? The DJ has set 2 hours aside for the trial (his words) On the way out of court MKDP's solicitor said "that's the legal stuff sorted but MKDP might decided not to pursue any further or try further negotiation with you, all depends on what they are able to turn up over Christmas, I have to sleep nights as well!" What do you make of that? All in all, feels like first round has gone to me... but the war is not over yet. I hope I am not deluding myself? I will scan the courts instructions when they arrive in a couple of days. Regards OMH

Thanks Andy, Been all day and this evening pouring over everything. Still going for S77/78 CCA, noticed that date on recon CCA is 2011 and yet they say I took the card out in 2001. Can't be a true copy of my CCA. Also going for illegible as I can only read the T&C's with a magnifying Glass! They are relying on Carey vs HSBS, I shall remind them of DJ Wakesman "honest & Accurate Copy" Noticed also that terms are variable which I believe have to be supported by a signed agreement? They have not supplied a copy of a default notice and I do not have one in my records, so assume I can argue that there is no Breach? The current matter concerned a breach of contract and therefore the creditor must serve a Default notice before it can terminate even in reliance on a power in its contract. And if all that fails I still have bank statements showing 8 months of payments from the default dates showing payment to Mercers/Barclaycard Liverpool. Non of which are showing on any statements or even referred to. Will only use if not going my way! I shall be glad when this is over as I have lived and breathed this for far too many months/years. Will post after hearing, taken 2days off work for this... I at least feel empowered to have a crack at this tomorrow. I owe you big time for all the help and advice! OMH

Hi All, Less than 24hours until the hearing. last min prep today. Any advice on how to conduct myself in court tomorrow would be a help. Can't say the nerves aren't kicking in a little. A few do's and don'ts especially if I need to bring something to the DJ's attention. As always, many thanks for your help over the long months. Best regards OMH

Thank you DX100UK That said am I right to fetch up the disparity with the interest rates on the T&Cs and those shown on the copy statements during the hearing? OMH

Hi, I have been checking the reconstituted CCA/T&Cs and I notice that they have attached two sets of T&C's one from the supposed original card lender and the other being Barclaycard T&C's. They both quote different interest rates (I had to use a magnifying glass to read them) first bank quotes 19.9%, BC T&C's quotes 24.9% furthermore when I check the monthly interest rates on the copy statements they were charging 1.873% APR 22.47%. None of the interest rates in T&Cs match what I have been charged. QUESTION: Is there any mileage bringng this to the DJ's attention. Does this, as I believe carry more weight than relying on S77/78? or is this irrelevant? I would appreciate your thoughts/comments..... D Day is getting closer! Regards OMH

Thank You Sabresheep, I'll take a look. OMH

Hi Andy, Today I received the witness statement from MKDP (6 days late) 5 days after they received mine. As expected they have attacked my WS and tried to rip it to shreds. One thing I notice they have gone to great lenghts to point out the Case of Carey vs HSBC and a reconstituted version of the agreement. Therefore rendering the agreement as enforceable. My original agreement was taken out in 2001 and I understood only agreements taken out post 2007 were inforceble with a reconstiituted agreement? What is my position with them making reference to this case? Regards OMH

Hi Andy, Whilst putting all my exhibits together I found a couple of golden nuggets to me, probably irrelevant, but non the less I have included and altered my WS to reflect their addition to my file. Could I call upon you one last time to have a quick scan through? Just in case I upset the judge with my terminology, I'm wanting to prove that MKDP LLP have not got a clue what they are doing when they threaten me with legal proceedings 4 months after they have issued the claim. My thoughts are that if they can't get that right maybe their other exhibits/documents are fall of errors? I am the defendant in the above case and appear before the court as a litigant in person and will state the following... In the Autumn of 2011 I received from Barclaycard statements that I did not recognise, this was questioned with Barclaycard with no resolution over many months I requested a Copy of my Consumer Credit Agreement with the appropriate payment on the 16 May 2012 (Exhibit A1) pursuant to S.77/78 of the Consumer Credit Act 1974 (Exhibit A2) requesting statutory information in relationship to the account in question, I had no response from Barclaycard I continued to receive demands for payment from 5 different DCA’s and each case I reminded them of my position with Barclaycard. I wrote again to Barclaycard on the 15th August 2012 (Exhibit A3) requesting Statutory Access Request and sent the appropriate fee of £10.00. No response or correspondence was received from Barclaycard. On the 1st February 2013 I received a formal demand for payment from Barclaycard (Exhibit B1) I wrote to Barclaycard again on the 6 February 2013 reminding them I was in dispute over the account and asking them to fulfil their obligation for my statutory requests (Exhibit A4) Barclaycard as the original creditor has failed to respond to my requests pursuant to S.77/78 of the Consumer Credit Act 1974 requesting statutory information in relationship to the account in question. Therefore the subsequent alleged assignment of the said indebtedness is in direct contravention of the Consumer Credit Act 1974 (Exhibit A2) On the 17th April 2014 I received from MKDP a letter (Exhibit B2) informing they were now the legal owners of the said debt. 10 days later On 28th May I received the Claim Form in this case issued by MKDP out of the (Northampton County Court) I responded with a CPR 13.14 request on 1st June 2014(Exhibit A5) and received the enclosed letter from MKDP on the 18th June 2014 unable to comply with my request. (Exhibit B3) I replied on the 20th June acknowledging their letter and disputing their claim along with a further request and payment for a true copy of the CCA. (Exhibit A6) On the 8th July 2014 I received a letter from MKDP confirming they were unable to resolve my query (Exhibit B4) further underpinning my concerns that the claim was made without the appropriate documentation which might be considered a breach of process On the 26th July I received a response from MKDP with a poorly reconstituted CCA and copy T&Cs (Exhibit B5)which do not appear to relate to Barclaycard and further more I deny ever being in receipt of such Terms & Conditions. The account they are referring to is pre 2007 and puts the reconstituted CCA supplied into doubt On the 18th August 2014 I received from Keynes Collections (MKDP) a notice of intended legal action against myself for the collection of monies claimed in the case above, quoting Pre-action Conduct of the Civil Procedure Rules. (Exhibit B6) This group in my opinion has failed due diligence as the claim and my defence was already lodged with the court. I believe this disputed account should not have been assigned to MKDP and further more neither the original creditor nor MKDP have complied with my appropriate request for information under S.77/78 of the consumer credit act 1974 or my CPR 31.14 request. I believe MKDP have abused the legal system to bring this case to court without having the proper documentation to hand at the time of making the Claim in the Northampton County Court and I put them to strict proof to the amounts being claimed and how the amounts were derived and importantly that I am the debtor of the said account. To date MKDP LLP have not provided me with any documentation to prove their case against me. I will now refer to my defence in this case (Exhibit A7) I believe that the facts shown in this statement are true.

Thank you Andy for your very prompt reply. I take your piont about point 10 but as it is only the first line in the statement that is incorrect and meant more as a "Barclaycard could have resolved these issues if?" is it not worth keeping in? Otherwise the rest of point 10 is correct? Looking forward to putting it all together in the binders now and sending Wednesday special delivery to both Court & MKDP. Regards OMH

Hi Andy, Please see my proposed Witness Statement, could you please have a quick look through as it is bound to have errors and irrelevant points and the last thing I want to do is anger the judge before the hearing. Not sending until Wednesday. Inthe XXXXXX County Court Case/Claim Number XXXXXX Between MKDP LLP and XXXXXXXXX Witness Statement ofXXXXXX I am the defendantin the above case and appear before the court as a litigant in person. In the Autumn of 2011 I received from Barclaycard statements that I did not recognise, this was questioned with Barclaycard with no resolution over many months I requested a Copy of my Consumer Credit Agreement with the appropriate payment. (Copy Letter) pursuant to S.77/78 of the Consumer Credit Act 1974 requesting statutory information in relationship to the account in question, I had no response from Barclaycard I continued to receive demands for payment from 5 different DCA’s and each case I reminded them of my position with Barclaycard. I wrote again to Barclaycard requesting Statutory Access Request and sent the appropriate fee of £10.00. No response or correspondence was received from Barclaycard. I wrote to Barclaycard again reminding them I was in dispute over the account and asking them to fulfil their obligation for my statutory requests (Refer) Barclaycard as the original creditor has failed to respond to my requests pursuant to S.77/78 of the Consumer Credit Act 1974 requesting statutory information in relationship to the account in question. Therefore the subsequent alleged assignment of the said indebtedness is in direct contravention of the Consumer Credit Act 1974 On the 17th April 2014 I received from MKDP a letter informing they were now the legal owners of the said debt. In response I sent a further request for a copy of a Consumer Credit Agreement for the account 10 days later On 28th May I received the Claim Form in this case issued by MKDP out of the (Northampton County Court) I responded with a CPR 13.14 request and received the enclosed letter from MKDP on the 18th June 2014 unable to comply with my request. I replied on the 20th June acknowledging their letter and disputing their claim along with a further request and payment for a true copy of the CCA. (Refers) On the 26th July I received a response from MKDP (Refers) with a poorly reconstituted CCA and copy T&Cs which do not appear to relate to Barclaycard and further more I deny ever being in receipt of such Terms & Conditions. The account they are referring to is pre 2007 and puts the reconstituted CCA supplied into doubt I believe this disputed account should not have been assigned to MKDP and further more neither the original creditor nor MKDP have complied with my appropriate request for information under S.77/78 of the consumer credit act 1974 or my CPR 31.14 request. I believe MKDP have abused the legal system to bring this case to court without having the proper documentation to hand at the time of making the Claim in the Northampton County Court and I put them to strict proof to the amounts being claimed and how the amounts were derived and importantly that I am the debtor of the said account. To date MKDP LLP have not provided me with any documentation to prove their caseagainst me. I will now refer to my defence in this case (Refer to copy Defense) I believe that the facts shown inthis statement are true. ………………………… Date

Hi Andy, Thank you for your patience, I think the penny has dropped...... I get it now. Best regards OMH

Thank you again Andy for all your help and advice sorry for the late reply been away with work for a few days. I am struggling to understand how all the DCA letters are irrelevant as they hold conflicting information (monies owed) and to a degree were the cause of the littigation in the first place, is that not even worth a mention? Are you suggesting that I purley defend this claim on the basis of putting these guys to strict proof that it is me that owes them the monies claimed? in which case my witness statement will be short and to the point: "I don't owe you this money, prove it" My question now with your advice should put me in a position to disclose this weekend. 1/ if the above is to be the basis I fight this on, what sections of the consumer credit act am I relying on? 2/ Are the charges and interest claimed whilst in dispute with BC defendable/legal? 3/ should I bother copying all the DCA letters or only my communications (CCA SAR requests Ect) and their replys? 4/ Is their poorly reconstituted CCA and copied T&C's defenable? 5/ do I need to copy their copy statements showing charges and interst only (reams of it)? or rely on them to submit these? 6/ Is this whole sorry mess irrelevant in court? will the DJ not want to know how this has been brought before the court? 7/ if I am only relying on them not having the correct papers/documentation to prove their case I feel I will be somewhat dissadvantaged in court. How will I know what to question them on? I so want to take this fight to them but am worried that everything I have will be consisered irrelevant in the eyes of the law! that feels a pretty weak position to be in! Obvoiusly morals and justice have little on no place in the british legal system. I will push on today and over the weekend, looking to send everything special delivery on Tuesday morning. I would really appreciate a response to the seven points above. One last point do I mention the £800 paid to a BC appointed DCA (Mercers, Liverpool) which was supposed to ensure no action was taken whilst they were supposed to sort out the mess? (payments not shown on any BC statements but shown on my Bank statements as paid) Best regards OMH

Thank you Andy, I am not overly concerned about their WS as I have enough conflicting bits of paper from several DCA's to sink a battleship. My main defense will be to make them prove I owe any monies on these conflicting Barclaycard accounts. Also that my account was in dispute with BC before they sold the debt to MKDP, which I believe they are not supposed to do if the account is in dispute. Neither BC or MKDP until very recently have complied with requests for information (CCA, SAR) What I have received is poorly reconstituted CCA and statements after dispute with BC (interest and charges only on statements) I shall be pushing for account miss managed by BC and unable to resolve with either owner of the alleged debt. MKDP have started in the last two weeks ringing all my phones but leaving no message...... I wonder if they are getting cold feet? Regards OMH

Hi Andy, Thank you for clearing that up for me, not sure that a simplistic approach is good news or not? How indepth does my WS need to be? I have read that no more that 250 words is good, I managed that in my first paragraph! Do I need to be quoting law and legal president or should I rely on the D.J. to look at the facts and the overwhelming amount of paperwork that I will be steering him through? Should I include the months of copy statements supplies by MKDP which only show late payment, over agreed limit charges and interest or leave this to them? I have created a speadsheet in chronological order of all the papers i am relying on in court.... Even I struggle to understand how I have ended up in this mess.... none of the demands, notices amounts claimed or letters received make any sense. I wonder if the D.J. will even try to make sense of it all and just find in favour of the MKDP Sharks! I can't thank you enough for the help and knowledge you have been passsing on on this site! I have made a small donation via Paypal but I shall be setting up a regular contribution to this site what ever the out come. I have recommend CAG to a few people that I know would benefit from your advice. Regards OMH

Hi Andy, Sorry, I think I must have been Off My Head attaching postage stamps! Forgot to convert to PDF. Please see attached, not sure why pdf is in Landscape but can be rotated in the reading pane. Regards OMH

Hi Andy, I have been working my way through other threads and now managed to get myself very confused. I have seen people talking about Standard Disclosure and form N265 none of which I appear to have been asked for in the documents received from the court. (attached below) I have also seen list of legal president and cases. Do I need any of this? My witness statement is begining to look like a copy of War & Peace. I have been trying to relate the whole story in bite size peices for the Judge. I have not at this stage quoted any laws or acts unlike my defence you kindly help with. Am I try too hard or not hard enough? Have I missed anything re: Std Disclosure? Regards OMH

Hi All, Received court date today (Early December) court hearing moved to local court which is good for me. Time to start pulling this all together, any advise on what to include/exclude would be very welcome. A few do's and dont's for conducting myself in front of the D.J. would be a great help. Thank You OMH

Hi Andy, Thanks for the read, still a little unsure on where I stand with their reconstituted paperwork. Perhaps I can quote you when this goes to court "I must admit Barclay's attempt at a reconstituted leaves a lot to be desired" I have started a spreadsheet to cover what statements they have sent, showing Interest and charges. I have also been referred back to Barclaycard for PPI claim. Update on the Mediation Call: Firstly I must say the woman handling the call was very professional. During the call I moved my position 3 times with MKDP they remained at their opening stance. They couldn't even get their maths right when talking percentages. After the third attempt by me to negotiate the position I pointed out they were not moving and that was my final offer. Mediation Failed! Next stop court. Thanks for your support OMH

Hi Andy/All Please see attached reconstituted CA and T&Cs. I have scanned as received, the only other documents were pages of copy statements showing nothing other than interest, late payment fees and over limit charges. I am about to total those now for my mediation call at 11:00. Regards OMH

Hi Andy, Will scan and post as PDF less ID Marks asap. Many thanks OMH

Thank you all for your replys. The statements received only go back to Dec 2011 and only show interest and charges. I am sure during the early 2000's I was pay PPI to most of my credit cards but I have no statements from Barclaycard which would have shown this. I have had a succesful small claim from Opus (Citi) and currently awaiting a response from Capitol One on a PPI Claim. I now have two seperate disputes with MKDP one of which is an old Egg card that was paid off with a Ballance Transfer and should be easy enough to prove should they decide to go legal with that one. Are you suggesting I produce a spreadsheet? How would this help? I am still none the wiser to PPI payments on the account. The only date on the T&Cs sent is a header dated 20/11/2011 and a time of 11.36 (possibly a fax header?) This date means nothing to me as the only Barclaycard I have ever owned was taken out in 2002. The T&C's are in a size 2 font and unreadable without a magnafying Glass. I fail to see how what they have sent me proves the amounts they show are actually owed! Do these charges and fees hold water in court, does this paperwork mean they have me over a barrel? Next Friday I have my mediation call to look forward to and I could really do with a desent argument other than I don't believe their position. Many thanks for any advice offered. OMH

Hi all, I have today received a small A4 package from MKDP which contains a reconstituted CCA which appears to be a copy of some terms and conditions with my name and address at the top of the first page. There is also pages of copy statements but only back to December 2011 a nd apart from two of the statements they show nothing but interest, late payment charges and eventually several pages with over limit charges caused by interest and fees. Does any of this stand up in court? My signiture appears on nothing and no date. What do they mean by reconstituted CCA? I still do not have a full set of statements from opening the account so I am unable to see when I started/cancelled PPi payments. Are all the charges applied to the account legal. No mention of the 6 months that I paid £100 a month to Mercers back in 2012 whilst I was querying the account statements/status. No copy of default notice or letter of assignment. All I have in my defense is conflicting DCA letters from 4 different DCA's, bank statements showing the £600 paid to Mercers whilst I was in dispute with Barclaycard to stop Barclaycard taking action. I am still of the opinion that there has been a mistake with the account that must of occured late 2010/11 The amounts and credit limit shown make no sense to me but I am struggling to think how I can prove this as they have not supplied any statements from 2002 - 2011 only 2011 to 2012 around the time I started to query the account with Barclaycard. I suppose the question I am asking, does any of this documentation constitute proof of an agreement between me and Barclaycard and the amount they say I owe them? Strange how it turns up a few days before the mediation call. As always any help and advice would be very much appreciated. OMH

Hello, Quick update: Have received date (5th September) for mediation call, any advice on how to handle the call would be appreciated. Regards OMH