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LucasA

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About LucasA

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  1. Hm I think you're right. Could be dirty tricks, but surely that would be more illegal than immoral. Anyway, the defence I posted earlier - in your opinion would that suffice or should anything be added? Kind Regards, Lucas
  2. The court haven't received it but the lady said they were back logged by 2 weeks so am unsure if they have or not. I'm thinking they probably have as they have given it to me in writing, albeit via email. Should I go ahead with the defence?
  3. Have just recieved this email after chasing them up: As per discussion this morning, we can confirm that the documents you have requested with Barclaycard, we do Allow at least 4 weeks for Barclaycard to forward the required documentation across to MKDP. As of today we have requested 4 week stay to await documentation. Kind Regards Is this legally binding or should I still hurry my defense through?
  4. Is there anything I should reword or edit out? Thanks in advance, this site and it's members are proving invaluable to me.
  5. Ok I have a rough draft of my defense which is an amended vesrion of Dottys from another post with added points from CB. Here goes: In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP = Claimant and Me – Defendant DEFENCE 1. I (insert name and address) am the defendant in this action and make the following statement as my defence to the claim made by MKDP. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit. 5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. 6. It is denied that I have an agreement with MKDP. 7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all. 9. No letter before action was received before the claim form. 10. On receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim. 11. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the default notice, the termination notice and the notice of assignment. To date no response has been received from the claimant. 12. It has been confirmed via the royal mail website that the above letter was received and signed for. 13. Furthermore, in an effort to not be disadvantaged by the claimant's failure to provide the very information their claim is based upon, I sought to request an extension of time under cpr15.5, in order for the claimant to provide the information requested. 14. The claimant has so far failed to respond to this request. 15. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed Me Defendant
  6. Hi Andy, Thanks, I will get to work on my defense this afternoon ready for tomorrow. I am going to chase them up on the email they promised, if I manage to get that will it still be too late to request an extension from the court? Thanks
  7. HI CB, Yes that summary is correct. I don't ave a copy but it was taken out around 2006.
  8. Still haven't received a reply from them, have spoken to them on the phone today and they fobbed me off saying the court case is being delayed by them and that they will send acknowledgment of my received cpr 31.14 request in writing but as yet nothng. Any suggestions as to what I should do now? Need to let the court know of their acknowledgment and extension request by Saturday but am thinking of filing a defense asking for it to be struck out due to their lack of response. Getting very worried now so any help at all would be massively appreciated!
  9. Main reasons being I did not receive a NOA or a letter before action and that the charges are unfair and excessive and I want to challenge them. Also by reading through Dottys posts it seems as though the claimants don't seem to have their act together.
  10. Thanks citizenB, CPR31.14 was sent recorded yesterday recorded and the acknowledgment was filed online today. I guess it's now a waiting game for them to respond. Should I be doing anything else in the meantime? Lucas
  11. Good morning Dotty and CitizenB, I am reading through your threads now and they are reassuring. I think they definitely are issuing these in the hope of no defense but I don't plan to give them the satisfaction. I read in another post (can't remember which now as have trawled through so many) that they didn't even turn up to court on one claim. I am planning to defend, whether all or part of I am unsure of. If I tick the 'defend all' box will that cause me problems later down the line if I choose to only defend part? Also once I have told the court of my decision (I have until Friday) what do I do then? I'm thinking send in the CPR 31.14 via recorded mail and await response but how do I let the court know I'm awaiting action from MKDP? Thanks guys Lucas
  12. Thanks CitizenB, The particulars of the claim are as such: The claimant claims the sum of 3206.95 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard **************** and assigned to the claimant on 13-05-2011, notice of which has been provided to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of 3206.95 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. I definitely want to try rebels signature link '1) CLAIM BACK ALL PENALTY CHARGES'. Also I don't understand what they hope to achieve by taking me to court. I literally have nothing. Thanks again, Lucas
  13. Hi, No I never took out PPI and there are a lot of charges, around £400 the last I can remember. Thanks for the quick reply rebel!
  14. Hi, I am a complete newb and have been reading through a lot of the old threads and think I've got a grip on what I should be doing but was hoping some kind users wouldn't mind glancing over my case before I act. I received a claim form from MKDP LLP on the 18.6.12 (well actually a lot later than that but that's when it was dated) via Northampton County Court. I owe them £3206.95 but simply do not have the funds to pay as I'm out of work and having to claim JSA. Should I try and defend this case or buy more time? Have been thinking of trying the CPR 13.14 as I really have no idea anymore how much I actually owe and have lost all records. I really don't want to have to face bailiffs so any advice would be greatly appreciated. Thank you in advance, Lucas
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