Hope someone can offer some advice as to how to proceed regarding defence submission. Details as follows:
MKDP LLP issued County Court claim form (bulk centre) on 21 Oct regarding a credit card debt allegedly had with Barclaycard. I have no record of the account and have never received any paperwork relating to it and have never made any payments to the account.
I received the claim form on 24 Oct and acknowledged service and intention to defend online on the same day. Deadline for defence submission 23 Nov, although the Court advised as that is Saturday, they will accept sumbission on Monday 25 Nov.
I sent CPR request for copies of documents referred to in PoC on 25 Oct which was delivered and signed for by MKDP on 26 Oct.
No response at all to above by Weds 20 Nov so sent an email asking when they would be supplied. No response to that email so rang on Thurs 21 Nov to request response. They asked for my DoB which I refused to give (I am unsure exactly as to where they got this info from??) so they refused to speak to me. They gave me another email address for their legal department so I re-sent the email chasing a response.
Finally received one back with what seems to be (having read many threads on this forum...!) their standard "we are not the original lender so have requested the documents from BC which may take up to 6-8 weeks. Therefore we will allow you up to 14 days after this to submit your defence".
I replied requesting their written agreement to a specific date (as directed by the court) which I gave, and showed how I had worked out that date, based on MKDP's estimate of 6-8 weeks + 14 days.
No response so sent another email at 5pm Fri 22 Nov saying if they didn't respond I intended to apply to court to have claim struck out on the basis that it couldn't succeed. This may have been the wrong thing to do but I was in a bad mood and wound up that these types of companies appear to be able to get away with not following the guidelines, yet if I don't (i.e. submit defence by the deadline) they can automatically get judgement against me!
I have not received anything from MKDP since then - so as I don't have agreement from them as to a specific date to file my defence, what do I do now? I don't believe trying to get the claim struck out at this stage will get me anywhere, and I don't have time to do this before having to file defence anyway.
I can't submit a decent defence without having a clue as to what this alleged BC account is - all I have is their word it exists. So do I submit a defence denying the allegations - but how do I defend, other than to say I have no record of any such account. This seems a bit flaky and surely that's what most people would try if they were trying to avoid paying a debt? Or is there another / better course of action?
I can post up PoCs if necessary/helpful.
Thanks in advance for anyone's help!