MKDP & Barclaycard Claim Form***Strike Out***

[dx100uk]

who filed the claim by the way?

 

dx

[Shanidev]

No directions. Simply Notice of preliminary hearing. 15mins have been allocated. My only concern is that they will come armed with file half an inch thick and claim to have sent everything with dates etc. Judge will ask me to confirm address and their word.

 

 

Who: mkdp

[AndyOrch]

MKDP never disclose until after a defence is submitted.........have you/they followed the directions in the Notice of Allocation Shany?

 

Regards

 

Andy

[Shanidev]

I Believe, yes. In the claim they cited no documents. It simply said all legal requirements have been satisfied. My defense was that as they have supplied nothing I cannot accept or deny anything and will make my statement once I receive and study documentation. So, far they have sent nothing.

[AndyOrch]

Well if they didnt refer to any documents within their Particulars you can not ask for disclosure or use that as a defence....standard disclosure follows after DQ and Notice of Allocation...has the Court asked them to disclosure in the Directions Order?

[Shanidev]

No they have no. So, if there is no documents how would they substantiate their claim. What is likely to happen at preliminary hearing in this case.

[AndyOrch]

How do you know there are no documents ? Slick and I have asked what does it state in your Notice of Allocation and the DJ directions...you have all the paperwork Shany so how can we advise unless you tell us what the court state?

[Shanidev]

Here is the sequence of events.

 

I received claim from Northampton

I submitted my defence

N'ton wrote to say they have passed my letters and statement to claimant whose legal dept may try to contact me

Then I received N180 (DQ) - basically tick to small claims track

In the meantime I wrote to them asking for docs - so far received nothing

And then I received letter to say that the case has been transferred to my local county court and all enquiries should be referred to them

And now the preliminary hearing.

[AndyOrch]

Here is the sequence of events.

 

I received claim from Northampton

I submitted my defence

N'ton wrote to say they have passed my letters and statement to claimant whose legal dept may try to contact me

Then I received N180 (DQ) - basically tick to small claims track

In the meantime I wrote to them asking for docs - so far received nothing

And then I received letter to say that the case has been transferred to my local county court and all enquiries should be referred to them This is the Notice of Allocation which should contain the DJ Directions.

And now the preliminary hearing.

 

Andy

[Shanidev]

Thanks Andy for your help. Much appreciated as always. This is what it says:

 

'The claim has been transferred to the below county court for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details will be sent to you in a notice of allocation.'

 

After this I received Notice of date of preliminary hearing. I shall call the court in case it got lost in the post.

[AndyOrch]

It may be an allocation hearing then Shanny if you have not received the directions...this is also known as a CMC (Case Management Conference) you can request what you need...what you have already request and what they have not complied with.The DJ will then set the Notice of Allocation and directions for both parties to comply with by date.

[Shanidev]

Thanks Andy. I manageed to finally speak with the Court Manager. This preliminary hearing is indeed Direction Hearing.

[Shanidev]

went to hearing yesterday but the other side did not turn up. The judge gave directions to provide what I had asked for. Keeping fingers crossed and waiting for their response.

[slick132]

Hi Shani,

 

Please confirm the detail of the court's Directions when you get them in writing.

 

[Shanidev]

Coiurt's directions came in last week and claimant is required to send me and court copy of contract between me and barclaycard, statement and copy of contract that says debt has been assigned to them. They were fgiven seven days to comply and so far nothing has arrived.

 

Also, sent was mediation form which I had to send within 7 days which have not as claimant has not produced nay docs to date.

[slick132]

Hi Shanidev,

 

Can you please confirm the exact wording of the court's Directions.

 

[Shanidev]

1) The claimant is by xxxxxxxx to clarify their case by sending to the defendant and the court:

• a copy of the contract between defendant and Barclaycard relied on
  
• statemnt of account showing amount owed to barclays card and assigned to claimant
  
• copy of contract by which by which the claimant says the debt was assined to claimant and copy of notice of the same sent to defendant
  

2) Both parties having agreed to mediation service the case referred to small claim mediation service

3) By xxxxxx defendant is to submit defence statement to say whether he agrees to the debt and the anmount of debt

 

then bumpf about both parties to disclosed everything/amall claims court etc

[slick132]

Hi Shani,

 

What is the date in 1. above ?

 

[Shanidev]

Thanks Slick. Direction order date 11/11/13 MKDP to provide docs by 18th and then I have 10 days to send my defence. I have done mine to say docs not received hence no meanig ful defence. Adked court to either dismiss case or ask for docs to be provided.

[slick132]

Hi Shani,

 

See how the court responds but you may need to make an N244 Application to have the claim against you Struck Out to put an end to the matter.

 

Read up on this in the CPR.

 

[Shanidev]

Nothing from the court but yesterday I received stuff from Claimant - agreement statement and default letter. They say it is reconstituted agreement but it is just a blank agreement without any details or signatures. I have to look a bit more closely still. Fancy them sending it 6 weeks late and just before Christmas.

[slick132]

Wait and see if the court now moves the process on, in which case I assume arrangements will be made for mediation.

 

I doubt the court will refuse to accept the documents, even though they've been submitted later than the court's directions.

 

[Shanidev]

Christmas over and I have been looking through the paper they have sent me. This is what they have sent:

1. Default Notice dated Feb 2009 issued by Mercers Debt Collections. Amount £1428
   
2. Statements - these tally with the amount demanded in Defaiult Notice.
   
3. Notice of Assignment - just a letter from Barclaycard to MKDP
   
4. So called agreement is just the agreement form. IT containes no signatures from either party. Date on the Cover letter for this so called agreement is June 2013. This is a lie as this so called agreement was sent to me in Mar 2009. I smell a rat here.
   

My understanding was that interest ceases to be charged once the Default Notice is issued. Am I correct? MKDP are asking for £2214. What should be my response be? I can prepare my defence statement based on what I have received. Should I write to Barclaycard for clrification?

[slick132]

Don't write to BC for any clarification - the matter is out out of their hands.

 

It sounds like they've failed to provide a copy of the Notice of Assignment that should have been sent to you, and they've just provided the letter from BC to MKDP.

 

They've also failed to provide a copy of the credit agreement with your signature thereon.

 

Did you submit a defence or submission to the court, in response to the documents they supplied late.

 

[Shanidev]

I am due to submit defence by 10th Jan. So, all help on possible content gratefully received.