Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. Hello everyone, A friend of mine is in a real mess, she wants me to keep details vague, she is a young woman who suffers from various disabilities. She has had an account with the bank since she was a child (one of the banks in the RBS family). She has a current account with an overdraft over £2,000, and a credit card. Earlier this year she reached out to higher ups in the bank, to make sure her accounts were in good order , and offered to pay her overdraft down. She explained she has had a difficult year and suffers various disabilities. She just wanted to keep in touch with the bank to avoid any surprises. (As she has been using her overdraft more than usual). She had made it clear to them that if they did want to reduce her limit, then she was ready to work with them to agree to pay it down at an agreed level. She received a letter back from a senior position in the bank, who appeared sympathetic and assured her that there was no need for concern, her account is fine and they don't wish to reduce her overdraft limit. All appeared well. Out of nowhere she received a letter, saying they were ending all of her accounts and all funds were repayable within 60 days. (including her credit card). A few questions... , does she have any grounds to stand on or can banks just treat people without any care and respect? 1. Does the fact that the bank assured her everything was fine, and never gave her a chance mean anything? . (She was in contact with the bank just months before, explained her disabilities and recent troubles, and, they told her there were no issues or concerns with her account, and that they did not want her overdraft limit reduced. The bank misled her and never offered to work with her or inform her of any problems with her account. 2. Do they have no responsibility to treat a vulnerable customer with care and caution? to just do this to all her accounts after assuring her everything was fine is just reckless, especially as they had just acknowledged her vulnerable position and sought to reassure her. 3. Should they have not discussed this with her, or worked with her to correct any issues?. 4. Is it acceptable to close all accounts including a credit card with just one letter - they are still adding crazy high fees to both accounts!. As far as I am aware they never issued a default notice on any set amount, and have continued to charge fees on the overdraft and profit from it. So frustrated as I know the banks seem to do whatever they want, and it seems there is little or no protection for the customer, but this just seems so in your face wrong. What route, if any , should she take to try to make them think twice? (any disability or vulnerable people avenue?, about them misleading her? I hope I can give her some idea of a way forward, they have also pushed her into a position where she will be forced into debt and hardship. I know she can ask for some fees back Thanks
  2. Thanks again Andy. I am not sure what to do now, I have sent my witness statement in on time, but they seem to get away with ignoring everything, what can I do to hold them to account? They have not delivered a witness statement to me or the court on time, this is on top of ignoring my defence, and CPR 31.14 request, providing no default notice what so ever, and providing zero response to any of the other issues raised,(I could go on). I understood it was very important to file Witness statements on time, but they just ignore the rules? I should at least be able to have their witness statement 14 before and review it so I can work on my defence?. The problem is the hearing is very soon, and on the day they might try and bluff their way through, and thanks to them ignoring all the rules I will be at a disadvantage with them putting their statement in at the last minute (or even on the day, if at all), and they may just side with the para-legal if they are unsure. (Based on the preliminary hearing, the para-legal talked a load of nonsense) What should I be doing now, and exactly how should I raise the issues at the hearing, there are so many problems with their case that I would not know where to begin. Thanks
  3. Hi Andy, Thank you for your reply and help. About the 14 day time-frame to file a witness statement, is it 14 days before the hearing, regardless of holidays or when the court is open? If the court receives it 14 days before, via fax for example, but they are closed, for example on Xmas day, does that still count?. I need a bit longer to sort everything out and want to be sure it's sent in time. Thank you for your reply. I am waiting for their witness statement. The documents they hold appear to be ones Barclaycard sent in response to an older S.78 request - I am guessing this is what they are going to court with. I can't make heads or tails of it, two pages are of terms and conditions which appear to be dated from 1998, many of them not legible. Then they seemed to have mixed in some pages of terms from 2010, (which also mentions it's an agreement?. They also have a basic statement. I have no idea what these are supposed to be, an application form? random terms they found lying around? How can it be taken from the original when the document refers to it as a copy, but there would have had to have been an agreement for them to have sent a copy... ok getting confused now, I have attached the documents in PDF format - and below. Please let me know what exactly the provided documents pass for in court (if anything). I have attached these documents put together into one PDF (attached) I also link to the documents below. Thanks. I am not aware of receiving a DEFAULT NOTICE from Barclaycard, although have vague recollection of receiving one from DC Mercers which I understand would not be valid. MKDP did not provide one when requested in my CPR 31.14. Can they proceed to court without a default notice?
  4. Hello all, I need some help, I have followed all the advice up till now with my defence, and s.78/31.14, but MKDP have continued with the case, and ignored my cpr 31.14. The preliminary hearing took place not long ago, the person representing MKDP seemed very confident (and appeared to be talking a lot of nonsense!) commenting that they don't bother keeping agreements, and never lose cases!. They have provided printouts of various terms and statement from a few dates, some of the terms are illegible and the terms are about four pages long with some dated 1998 and some 2010. (there is no way the conditions were there on signing) They do not have the original agreement. I do not believe I ever signed an agreement, perhaps I signed just an application form, I do not recall. The hearing is coming up soon, and being Xmas I can't even get legal help from Solicitors, and I only have a few days to create a witness statement as the 14 days includes Xmas I assume?., Is the track I have been following still valid, which is as the account is pre-2007, S.127(3) applies, and as per Carey V HSBC a reconstituted agreement is not sufficient in this case and so on (in line with my defence and other documents included in my earlier posts. Has something changed, what are my chances of success?, they seem to just be bluffing their way through the system, ignoring any requests and hoping they can talk their way through the hearing. It's come to the end of the road and since they seem to ignore the law I am worried they will win, just by being more confident and full of it. Please advise, Thanks, hereigo
  5. Hello, Sorry for the lack of updates, I am not sure what to do now, any help is welcome. Everything has been moving very slowly - and MKDP seem to be delaying for time by filling in any paperwork and such at the last minute. Both parties selected mediation, however despite MKDP selecting mediation they could not find a suitable date for themselves (I was flexible with dates). They have paid the Fee to continue with their claim. I have received an order from the district judge in my local county court ordering that the claim is allocated to the small claims track and both parties are referred to part 27 of the CPR and practice directions., They have stated there will be a preliminary hearing. and that this will be a private hearing to establish the outstanding issues in the case, if there is any possibility of a settlement, and what documents or statements will be required for the trial of the case. I have a few questions, 1. Should I be making any requests or filing any forms at this stage (Such as request for disclosure of documents). They have never replied to my CPR request or provided anything I requested - should I bring this up?. 2. What should I bring to this preliminary hearing - and is there some way I cans top this case going all the way to a trial, considering they appear to have none of the required documents or paperwork to substantiate their claim in the first place. It seems quite clear in my opinion that they are just going through the motions to keep the case active and drag it out as long as possible, without actually having to supply any documents. I would guess in the hope that I either settle or miss a letter or court date which would allow them to get default judgement. What should I do now? Thanks, hereigo
  6. Hello Andyorc, Thank you for the reply and information. I did think there must be some power in the CPR 31.14, or the 7 day time-scale. I know under CPR 16.5.4 they have to prove the money is owed, but there is no need for any proof or backing to their claim at all before an actual court date? And I have no way of compelling them to even prove it's a valid claim?. This is what angers me, they know they should not have bought the case without the documentation, but they did it anyway, and are happy to drag it out for ages, and go right up to the court date, without lifting a finger or providing any backing to their claim. So now I will have thing hanging over me for the rest of the year, and they continue to abuse the system without penalty? I can't even hit them with substantial costs due to being a litigant in person. Thank you for the help, sorry I just get so angry when the system is abused like this and they get away with it, however if the defendant makes a slight mistake, or misses a strict deadline the claimant wins. Essentially anyone could randomly decide to take someone to court for no reason, put them through a year of stress, then just pull out or not turn up on the day. I really thought there must be some check or safeguard to be sure they have based their claim on something, it's a little worrying the system is so unbalanced in this way. Maybe I should hire a law firm, at least they will get hit by costs when it gets to court, Thank you, sorry for the rant!.
  7. Hello, Thank you for the replies CitizenB and BankFodder. I am a bit confused, surely the fact that they have not provided any evidence to support their claim, and have not complied with the CPR 31.14, request should mean something?. It seems they can just ignore the rules and carry on 3 months later?. should I not be asking for the case to be struck out, or ask for the court to force disclosure?. From what I read before, I had the impression after a month or so the case would lapse or they would need to provide a very good reason why they have not responded to my CPR 31.14 for 3 months?. Do I now just have to go along with the procedure while they get to ignore it and carry on when they like?. Sorry pretty angry at them as I followed all the rules and advice, they seem to be abusing the court system and there is no way to hold them to account? There is no case to answer, surely they at least have to show they have the documents they rely on in their POC. Thanks, hereigo
  8. Hello Everyone, Please help, I feel MKDP are breaking all the rules and trying it on!. but I am not sure what to do. Worst of all I am moving house soon, seems they have timed it to arrive at the worst possible time. I have a pre-2007 Barclaycard, which was bought by MKDP some time ago, they have not been able to comply with any CCA requests. I am confident they do not have any of the required documents or paperwork. MKDP Issued a court claim against me back in March, I filed AOS, and defended the claim with help from CAG (old thread below), and I also made a request for all the information they hold in the form of a CPR 31.14. (sent by recorded delivery). They completely ignored my CPR 31.14 request and 7 day time limit!, and have not responded in any way shape or form for over 3 months now!. I thought the claim would expire or be dismissed, but they were recently sent a form notice of proposed allocation to the small claims track (and I was sent a copy by the court). I include this below. Now they have filled out the allocation questionnaire, asked for it to be held in their local court. and sent me a copy saying the court will be in contact in due course. There must be something wrong here? They have ignored the court entirely, broken the rules by not responding to my CPR request - and now carry on 3 months later as if nothing had happened? with no proof being provided, it seems I have followed the rules, surely there is a 7 day time limit on the CPR request for a reason? Please help, I am really fuming and don't know what to do! see attached.
  9. Thanks Andy, I am just putting the finishing touches on my defence, as far as part one "nor has the claimant ever requested payment for any alleged debt" and "nor has the claimant ever requested payment for any alleged debt" I think I may have had various letters from them and Barclaycard over the years, I do not believe I have had a notice of assignment or a default notice, Should I remove the above parts considering they have possibly sent letters, or do I remove them? Thanks, hereigo
  10. Thanks for reply Andy. Would you mind pointing out more specifically where I have gone astray? !!
  11. Andy, I have taken two of your defences and combined various parts, can you suggest if this would be along the correct lines (and any further changes or parts to add or remove?) Also, they have replied to section 78 requests by just sending terms and conditions, however have not provided a valid agreement, should I still say they have failed to comply?. Also should I add anything more specific, such as it being pre 2007, and CCA section 127)3) is applicable, or the Carey case which states original signed, executed agreement would need to be produced should enforcement be sought through the courts? I put the POC into paragraphs as suggested, Thanks. ----- POC: 1.The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard. 2.The defendant's account number was ************ and was assigned to the claimant on **/**/2013, notice of this has been provided to the defendant. 3.The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. 4.The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. --- #####Defence###### 1. The claimant has failed to provide a valid copy of the agreement on which their claim relies 2 I have no knowledge of any assignment of this agreement I have never received any Notice of Assignment from either the Claimant or Barclaycard. 3. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 4. On the alternative, the Agreement referred to in paragraph 1 was improperly executed contrary to Section 61(1)(a) of the Consumer Credit Act 1974 ('the Act'). 5.The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that it was improperly executed as set out above and by reason of Section 65(1) of the Act. 6. Is denied. The claimant would not be aware of any default having failed to serve any Notice of Assignment and should not have access to my data pursuant to the data protection act. 7. Is denied. The Claimant has yet to comply to a section 78 request, provide a Notice of Assignment, or a Default Notice...it is denied that the claimant has complied with any Pre Action Protocol 8. Until such time the claimant is prepared to respond and disclose the requested documents for the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 9. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6. The claim is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim;and (d) show how and when the agreement was breached: As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.
  12. Thanks Andy and Dotty for the replies. I have spent a long time looking through the threads, My case is based primarily the account being pre-2007, and there being no valid agreement. Also the "reconstituted agreement" they sent was just terms/statement, There have been many Section 78 requests made. There are other possible issues, such as the balance not being correct, and possible default notice and termination issues, but I do not have the facts to confirm these issues at this moment in time. How should I proceed? also, should I be requesting an extension, even if I can file my defense on time?. Thanks for help, hereigo
  13. Thanks for the replies, CitizenB, Thank you, About the time limits, is this not correct? Issued on 14th + 5 days served = 19th, 14 days to acknowledge = 02/04/2014, 14 days to defend = 16/04/2014 ? Can you please confirm this. Also, as I filed AOS on the 28th, do I still get the full 14 days from when it was deemed served? so it won't be 14 days from my AOS, but 14 days from the 2nd of April?. Andy, Thanks, could you please point me to a template that is closer to what I should be doing? or give me a rough idea of what my defence should be?. (or a general idea of what I should be aiming for, as all my past research lead me to the template I posted earlier.) To give a brief history: 1. Debt is for around £1800 and is on a pre-2007 Barclaycard, the card was issued roughly 20 years ago, I have been asking for the agreement from Barclaycard for 3 years or so, who failed to produce anything but t&c's, this was then sold on to a debt collection company. 2.It has been passed around maybe 4 or 5 companies, every time the company has been sent a section 78 request (recorded delivery), but each time they have failed to provide an agreement (other than terms and conditions). They then sell it on and the process repeats, this has been going on for years. MKDP LLP now own the alleged debt. 3.I do not recall if I was sent a default notice from Barclaycard, or from Mercers. I don't believe I have received the correct notice of assignment. I am confident they do not have an agreement, Barclaycard even admitted in a letter that I am entitled to a signed, executed agreement, but then below said we have now provided you with a reconstituted agreement (which was terms or a statement) I also think there may be various issues, such as the default notice, the amount being wrong as it includes refunded charges, and various other issues, but my main point is they don't have an agreement, so should not be seeking enforcement, especially as it's pre-2007. Should I try for an extension? it would seem I would not have time to get confirmation of such before my defence is due, so it seems I should file my defence anyway? Please advise as I have done a lot of research on CAG, but the information was from a few years ago, and now that defence is outdated, I need to know what to do. Thanks, I really appreciate the help, been researching the issue for years but now it's going to court I have forgotten everything!. Thanks, hereigo
  14. Hello, Thank you for the replies. The claim is from MKDP, for a Barclaycard credit card account. (very similar to dotty50's thread linked below, and my defence will be one I found in one of those threads, copied below) the value is under 2,000. (and actually, the balance is incorrect as it includes charges which were refunded off the balance as they were penalties). The claim was issued on March the 14th, (so deemed served on the 19th) I then filed AOS online on the 28th. so 33 days from the 14th, I actually only have till the 10th?.I will send the 31.14 request and section 78 on Monday. I have made about 5 different section 78 requests, to all the different debt owners over the years, all they provide is a set of terms or an account statement. The account is pre-2007 and I am confident they do not hold a valid signed agreement, and since it's pre 2007 I understand they still must provide this. 1.I was under the impression I should not submit a defence, but instead should wait for CPR 31.14, but should I now just submit a defence along with my CPR 31.14 and section 78 request?. (My defence is copied below, is this still the correct one?). 2.It seems my time runs out on Thursday the 10th, so there is no way they will have 7 days to provide under 31.14, so do I just file the defence below (online?) today, and should I request an extension (how should I do this?) Thanks for help, I left it a bit late due to various reasons and am now a bit worried!. More detailed claim information: --- POC: "The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendant's account number was ************ and was assigned to the claimant on **/**/2013, notice of this has been provided to the defendant. The Defendant has failed to make payments 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 ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction. ---- Defence: In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP = Claimant and Me – Defendant DEFENCE 1. I , ADDRESS HERE) 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. If the Claimant is the Assignee and there has been an Assignment, the Claimant fails to plead as such and it is contended that no such Notice of Assignment pursuant to the LoP Act 1925 as ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof that this claim can commence in their own name. 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 --- http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-MKDP-barclaycard-will-need-some-help-please
  15. Hello Everyone, MKDP have issued a court claim against me for a Credit card account. I will be defending it, as they have no valid agreement (pre 2007), I have read up on all the relevant threads and have everything ready to send. I am a bit worried I have left it too late and need help, the claim was issued on the 14th of March, I filed my AOS on the 28th of March online, I will be sending them a request under CPR 31.14 for all the relevant information, but I understand I have to give them 7 days to reply?. is this 7 days within my 14 day from AOS time limit, or in addition?. The earliest I can get them the CPR 31.14 letter will be Tuesday the 8th, (If I send on Monday via Special delivery). However 14 days from my AOS on the 28th of March is Friday the 11th of April, meaning this wont give them enough time to reply?. What should I do now? If I ask them for an extension, How do I do this? I am worried they will just not reply until after the deadline is up, especially if requested via mail, and will in turn seek judgement, If I call them, what sort of proof would I need to show it was granted? and what if they refuse to grant it? Thanks in advance for the help - in a bit of a panic! Thanks, hereigo
  • Create New...