MKDP Claimform - Barclaycard **Claim Discontinued**

[the_shadow]

Nobody other than the DCA can tell you if they will or wont take you to court, I can only give an opinion, my opinion is that what they have supplied is NOT sufficient to take you to court

 

S.

[Nivagey]

Hi ok thanks for that will keep diggin my heels in, its DCA No 7 now lost count, most have offered a settlement % figure if I agree I have ignored them and they have gone away

 

Will sit tight again

 

Thanks for your help much appreciated

[Nivagey]

Hi, update, had a letter today from or on behalf of siad dca a notice of indended legal action... the letter is an "in-house" letter and they state they have been instructed to collect the outstanding balance I have with them (not B/C)...they go on to say "unless full payment or a suitable payment plan is agreed within 7 days from the date of this letter, legal action to recover the debt may be taken against you without any further notice....Pleasee call this number as a matter of urgency....From their Pre-Litigation Team...

 

What do I do now???? help

[victoria_siempre]

Hi Nivagey

 

I should ponder on the meaning of the phrase '...may be taken against you...' and await developments.

 

Alternatively, you might refer them to Pressdram's reply in Arkell v. Pressdram (1971).

 

 

x

 

v

[Nivagey]

Hi, Victoria,

 

Thanks for this how do I find Pressdrams reply or Arkell v Pressdram? sorry im still a bit slow with all this bit of a nightmare

[victoria_siempre]

Hi Nivagey

 

"Arkell v. Pressdram (1971) [unreported] Solicitor (Goodman Derrick & Co.):

We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter. Mr Arkell's first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.

Private Eye:

We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: **** off.

[No further reply] "

 

 

x

 

 

v

 

PS http://www.nasw.org/users/nbauman/arkell.htm

 

for the uncensored version.

[Nivagey]

Thanks for that... It did make me laugh well will sit tight and play the waiting game again

 

Thanks again Victoria

[citizenB]

Hi Nivagey,

 

This has been rumbling on since December 2009, so I am just popping a summary as I see things in order to tidy things up a bit. If there is anything that I have wrong, or you disagree with.. then feel free to amend

 

When you first hit your financial hiccup, you attempted to enter into a payment arrangment with B/shark. They refused and have entered into a cycle of pass the parcel.

 

You have obtained by way of requests, several versions of the application/agreement- none of which bear your signature. You have received some copies of terms and conditions. Do they represent, the original terms that were with the agreement at inception, any variations during the history of the account and those that were in force at the time you went into default.

 

Did you receive a statement of account when you made your s78 request?

 

When was the last time you actually made a payment to this account ?

 

There seems to be some confusion with regard to the Default notice. They wrote to you and advised it had been corrected. Have you ever received a Default Notice ?

 

Unfortunately for B/shark - they seem to get that side of things wrong, generally.

 

What is the amount they are pursuing?

 

Has the account ever been assigned/sold to one of the companies who have been pursuing, or are they simply collecting on behalf of B/shark?

 

If the debt had been sold/assigned, then you should have received a Notice of Assignment.

 

Are there any charges on the account - if so, how many - would they clear the account if there were to be reclaimed.

 

Was there any Payment Protection Insurance on the account - if so, could it have been mis sold ?

 

Who are your current Pen Pals? Still Moorcroft ?

[Nivagey]

Hi, CitizenB,

 

Ok will try to condense as much as possible to answer your questions.

Yes it started back in August 2009, I struggled with payments and sent them a letter explaining to them that I had tried to explain my financial situation to their tele sales people but they wouldnt listen, I still have that letter, I said im not refusing to pay anythimg just asking for a payment break or reduced payments untill i was back in employment.

They refused and here I am.

Mercers sent a Default notice in Feb 2010

B/C Sent a letter in August 2010 stating they had messed up on issuing my default notice to the credit referance agencies, and that it will start from the original date of default 08/10

I have recieved several t&c's from b/c and statements of account, none of which contained any signed agreement.

Last payment was at least Augus 2009.

Yes default notice was issued (correction was informing the credit referance agencies)

Amount pursuing now 14k+

ALL 5 Other DCA Were acting, it has now been sold/assigned to %^&* on March 2011

not sure about this bit if it were to be reclaimed and charges I know since default notice issued it has gone up at least 2k

No PPI sold but I did have accident &death cover

 

B/C have now assigned it to %^&* on March 2011

July 2011 They sent me a final notice instructing legal representatives blah & blah

Late July 2011 %^&* sent me a 5 year wad of B/C Statements

May 2012 had a letter from %^&* in reply to my stating the account was in dispute with B/C. %^&* say they have liased with B/C and B/C have no knowledege of any dispute ongoing so %^&* will carry on with their debt collecting activities.

May 14th 2012 B/C sent the remainder of my SAR's request of 5 years statements and a copy of the application form from 1983 with what appears to be a signature whice I recogonise, however they have not supplied and T&C's with this only a photo copy and a photo copy of the Managers assist/assessing aplication where he had to answer questions and comments to be sent to the application centre.

 

Now July and %^&* have sent the letter Notice of Intended Legal Action (as stated in my previous post)

Moorcroft gave up back in early 2011

I have New penpals now, I can pm you if you want thier name?

 

Just wondered now it has been sold /assigned will this mean court action?

 

Thanks hope I have got it all

[Nivagey]

Hi today I have recieved a County Court Claim form from the claimant who barclaycard sold the alledge debt. Date of issue was was 11 Oct 2012 today 20 Oct 2012 so 9 days late to start and I have 14 days to reply so I have till Monday to get a reply in the post And I dont know what to do can anyone help????? Thanks

[maroondevo52]

Hi,

 

As you have received a claim form I've moved this thread to our Legal Issues Forum, hopefully you'll get some help shortly.

 

Regards.

 

Scott.

[Nivagey]

Oh thanks Scott much appreciated !

[Bandit127]

I am no expert but I will try to help out until they arrive.

 

What court did the claim come form?

Is there an option to acknowledge online?

 

Can you please post up the Particulars of Claim, word for word? (But remove any identifying info and round the sum up).

[Nivagey]

Hi again,

Just been reading the forms I have to fill in by Monday The Claimant is MKDP The Debt was assigned to them back in May 2011. They had responded to my CCA request to B/C and said B/C Have no record of the account being in dispute and therefore im still liable for the debt. B/C have sent 2 previous T/C which didnt look right but no paperwork with my signature on it.

 

However I recently recieved from B/C The original "Barclaycard Application form" from 1983 with a signature on it :-/ it states im bound by the Barclaycard conditions of use set out overleaf and as ammended from time to time. Also attached is a photo copy of a page which was signed by the manager its a questionaire to assist them in assessing the attached application which had to be returned with the application by the manager. So im guessing MKDP are going to use this as the executed CC Agreement in court?

 

I have to fill in either of 4 statements on the County Court claim form I have the original letter I first wrote to B/C when I became unemployed and could not afford the monthly payments, it was sent recorded I have the letter I wrote (I stated it was recorded on the letter to them) but cant find the postage reciept But the letter said Im not refusing to pay but was asking for a short break or to be able to have reduced payments untill I could afford to increase them when i got another job (this was in 2009)

 

7 dca's later MKDP popped up with B/C have assigned the debt to them and they want the money etc etc....Then today I get the County Court letter

 

I still cant afford to pay the money so do I

 

(A) Agree with all of the claim and pay the money and costs (I cant do this as I dont have that sort of money)

(B) Agree with all of the claim and ask for time to pay (would this mean a repayment plan set out by the court?)

© Admit to only part of the claim (would this one do as I admit to the claim but offered to pay a reduced ammount at the start to B/C but they refused and said I had to get debt management involved?)

(D) Disagree with the claim and go on the grounds in my defence that they have not supplied me with Consumer Credit Agreement just an application from, but also show the letter that I first sent stating I was not refusing to pay but as they would not accept a reduced payment I requested my CCA in order to check out the T&C but all they have sent is the original application form with no T&C's embodied in the form anywhere?

 

Any help would be good as I need the forms in the post first thing on Monday

 

My bro has suggested that I admit that I owe the debt go to court and show them the letter I sent to B/C at the time I was unemployed that I offered to pay but couldnt afford the current payment (at that time) argue that beceause they got all arsey and started the DCA route I made the request on many occassions for my CCA but they kept sending new T&C but have only recently sent the Application Form and I believe this not to be a Consumer Credit Agreement in hope they dont turn up to court on the day and I win by default?

 

Any advise will be welcomed im paniking now so asap would be appreciated Thanks

[Nivagey]

Hi Bandit The claim form is from Northampton (CCBC) Yes there is an option to respond to the claim online.

 

ok

Particulars of Claim

The claimant claims the sum of 17k being monies due from the defendant to the claimant under the regulated agreement between the defendant and Barclaycard XXXXXXXXXXXXXXXXXX and assignd the the claimant on xx/xx/11 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 has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Hope thats what you wanted Thank

[Bandit127]

I can see that it must have been a big shock. You still have until Monday to weigh up your options here and get some sound advice.

 

Also - I suspect only the acknowledgement needs to be done by Monday. Please read back through it and see if you can do that online.

 

Thanks for the info. Hopefully someone with more knowledge than me will be along shortly.

[AndyOrch]

Thread title amended.

 

Regards

 

Andy

[robcag]

You said the claim was issued from Northampton on 11/10/2012.

 

If that is correct you are allowed 5 days for service = 16th.

 

Then you are allowed 14 days to acknowledge = 30th.

 

If you say you are going to defend you have a further 14 days to get your defence in.

 

Rob

[AndyOrch]

Niv take a read here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-MKDP-barclaycard-will-need-some-help-please!&highlight=MKDP, this will explain the process.Also type in the search box MKDP plenty of threads and how to starve off these guys.

 

Regards

 

Andy

[Nivagey]

Hi Bandit,

 

Just read it again I have 14 days to respond to this claim, the day of service is 5 days fron the date of this letter (11 oct) which bring it to 14 days from the 16th, so gives me till the 30 Oct to reply I guess so I have a bit of time I have posted the the Particulars of claim in my last thred (was this the stuff needed)? Thanks again

[Bandit127]

Regarding your options above. Are you up for a fight? If so, start with D) and defend - you can always drop back to B) and make a payment arrangement if needed.

 

If not then B). Yes, this would mean a repayment plan set by the courts. As long as you get the forms in and observe the process you should get a judgment for £1 - £5 a month.

 

Are you a homeowner?

 

P.S. Yes, the particulars of claim is what was needed.

[Nivagey]

Hi Rob, thanks mate just went back over the letter thats wht I make it too I will see what advice I get before I decide to defend or not its a bit scary

[AndyOrch]

Hi Rob, thanks mate just went back over the letter thats wht I make it too I will see what advice I get before I decide to defend or not its a bit scary

 

Not when its MKDP:-D

[Nivagey]

Hi Bandit, I am a home owner although my morgage is just an interest only at the moment as funds are tight. If I went in with (D) first try and defend and the court decides the CCA is correct will they not then be on the side of MKDP and order the full amount? and acuse me of wasting time (just worried about that) although I did offer to pay something? Thanks

[Nivagey]

Hi Andyorch, not sure what you mean??? " not when its MKDP" ? Thanks