MKDP Claimform - Barclaycard **Claim Discontinued**

[Nivagey]

Dotty50, Sorry Dotty I told you Iwas a bit dim, I did find this one but it didnt mention S78 So it confused me, I have downloaded it now and will get it in the post on Friday and do as you sugested with both Thanks again for you help and patience much appreciated

[Dotty50]

It is in the first sentence Nivagey, you must have missed it!

 

S.77/78 - 77 relates to loans and 78 refers to CC's.

 

Don't worry about questions, I had some very very patient helpers when I first arrived and still do now!

[Nivagey]

Ah yes I did Doh!

 

Will keep you posted as to what happens next Will leave you in piece till then all the best till next time.

[Vincedomingo]

subbing

[Nivagey]

Hello right update.

 

I sent the S78 and CPR 31.14 letters off to MKDP on the 29/10/2012 they signed for them both.

 

I submitted my defence on the 6th November and still had not heard from MKDP.

In my defence I added the bits refering that I had requested etc and had received no reply etc etc.

 

Today 8th Nov I recieve a letter from MKDP stating they had received my letter dated 26th October 2012 at their office on the 29th October which is correct..

 

However they state they have passed my s.77/78 request as per the Consumer Credit Act 1974 to Barclaycard, the original creditor!

They do not mention the CPR 31.14 request letter.

(to which they received the same time as the 77/78 letter.)

 

Their closing statement was that they will forward all documents to me upon reciept of them.

Surely if they were prepairing to take me to court they would already have all the paper work?

My defence had to be submitted by Monday 12th (thankfully I have done that).

 

Are they stalling for time or is this normal? Thanks

[Nivagey]

Hi Guys,

Ok update from today,

 

 

got post this morning first letter I opened was from the court acknowledging the receipt of my defence.

They are serving a copy to the claimant,

they said they might contcat me to attempt to resolve any dispute.

If the dispute can not be resolved the Claimant will inform the court that he wishes to proceed.

I will then be informed by the court.

 

 

Also states where the claimant wishes to proceed they must contact the court within 28 days after receiving a copy of my defence, after that period has elapsed the claim will be stayed,

then the only action the claimant can then take will be to apply to a judge for an order lifting the stay.

 

Second letter opned.

This was from MK, they are stating my request for the production of the agreement was not requested prior to proceedings commencing.

 

 

Also they refute that my claim that the request was ignored, and enclosed copies of the correspondence are enclosed.

The have enclosed a copy of the assignment notice and its enclosures previously sent to me on May 23 2011 as requested.

They also enclose template letters (4)

 

1: This letter is addressed to Mr T Surname, 24 The Street, ANy Town, Any Shire, AB1 2CD!

 

Dear Mr T Surname,

Further to our recent communication regarding transfer of ownership of your balance we have not received your offer of payment...Blah Blah Blah

 

2:Same Address as the first letter and same name Dear Mr T Surname (this letter is FINAL NOTICE)

 

3:This address is Business Name Example, 31 The Street, Any Town Any Shire AB12CD.

 

Its to Dear Business Name Example,

NOTICE OF INTENDED LEGAL ACTION,

 

It is with regret that owing to you not responding to our clients requests for payment MK RR have instructed us to collect the outstanding balance you have with them. According to our records the sum of £999.99 is now seriously overdue. Unless payment or a suitable payment plan is agreed within 7 days from the date of this letter Legal Action to recover may be taken against you without any further notice. (This was Letter Headed Keynes Collection)

 

4: Address DR B Surname, 32 The Street, Any Town, Any Shire, AB1 2CD.

Dear DR B Surname

Fer: Example Company,99999999, DXX9999999

We recently wrote to you advising your overdue balance of £999.99 has been referred to us for litigation assessment. You have not responded to our offer to come to a suitable payment arrangement to clear this balance.

Should we not hear from you within 7 days your account could proceed to a county court judgment therough the Northamption County Court Bulk Centre...Blah Blah Blah

 

They also enclose a copy of the letter they have sent to the Court Manager, it states We write enclosing recent correspondence in the above matter for filing on the court file..

 

Im at a complete loss of understanding of these template letter with false names addresses and figures????

They have not mentioned the CCA nor given me any copy of anything thats remotely resembling anything that I have signed either! Is this normal? Have they sent these Template Letters to the court???

 

Hope you can advise Thanks

[Nivagey]

Thanks for this Andy ...Can you tell me what an AQ is though mate? Dont think I have sen this yet :-/ Thanks again

[AndyOrch]

Allocation Questionnaire (N149/150) to be completed once a defence has been submitted and responded to by the claimant.Places the claim in its correct track and transfers the claim to your local County court.

 

:- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part26

 

Regards

 

Andy

[Nivagey]

Oh right thanks, not yet had a response from the claimant yet so I guess this will follow shortly? Thanks

[AndyOrch]

Only if they signify they wish to proceed otherwise the matter will be stayed.

[Nivagey]

Ok great thanks well got to sit tight again then Thaks again much appreciated!

[Nivagey]

Hi,

Well just a quick update but im probably tempting fate here,

but not heard anything from the court since they acknowledged my defence their letter dated 7th Nov.

 

 

Im guessing the 28 days will be up this week sometime.

I know its 28 days from the Claimant receiving a copy of my defence

(I dont know when this actually was as the court says they will notify them)

 

 

Im guessing they would have notified them at the same time they sent me the acknowledgement of my defence,

so the 28 days will be up this wednesday 5th :

 

 

-/ Are they playing a mind game and leaving it right to the last minute I wonder

Guess I will find out this week... To be continued.....

[Dotty50]

I expect they have just moved onto the next person on their list!

 

I'm surprised you have even had an acknowledgement from the court, I didn't!

[Nivagey]

Hi Just rang the court, as yet they have not received a response however its 33 days from them getting my defence (28 days + 5) the 5 days allowing for post im told. They are a week in backlog so im told I still could get a response in the post by the end of next week :-/ so im not out of the woods yet im afraid

[Nivagey]

Update, MKDP have today sent me a copy of the default notice sent back in 2010 from Mercers, they also state they have requested a copy of the original credit agreement from Barclaycard and will forward as soon as they get it. I have just checked MCOL status and that has not changed @ 13.00 today :-/ I dont know if they have stated as yet if they ae going to proceed or not seems like they are leaving it right to the very end

[Dotty50]

That's the copy of the 'original credit agreement' you asked BC for back in 2009?

 

I hope you're not holding your breath Nivagey!

 

From my experience with these people (twice now), they have backed off without too much of a problem so don't stress too much at the moment.

[Nivagey]

Hi Dotty, Yes thats correct Dec 2009 :-/ 3 years ago, all they have sent previously were new T&C 's and they managed to dig up the original aplication form from 1983 which I think they will try and use if they proceed

 

Its 35 days since my defence was received by the court and just checked MCOL @ 16:00 and status has not changed... but the court did say they were about a week behind :-? will try and stay calm till I get more info.

[citizenB]

Update, MKDP have today sent me a copy of the default notice sent back in 2010 from Mercers, they also state they have requested a copy of the original credit agreement from Barclaycard and will forward as soon as they get it. I have just checked MCOL status and that has not changed @ 13.00 today :-/ I dont know if they have stated as yet if they ae going to proceed or not seems like they are leaving it right to the very end

 

 

A default notice has to be issued the Creditor, on Creditor headed paper .. Mercers, although part of the subterannean group called Barclays.. was not the creditor..

[stripper]

A default notice has to be issued the Creditor, on Creditor headed paper .. Mercers, although part of the subterannean group called Barclays.. was not the creditor..

Is this absolutely correct,where can I find this act please?

Thanks

[Nivagey]

Hi CitizenB,

 

Thanks for that... I have just found the original letter from Mercers they state "we act as agents for Barclays Bank PLC trading as Barclaycard" so they were agents unlike MKDP who have now bought the debt from BC?

 

I was never issued a default notice from Barclaycard the Mercers is the only one! Moorcroft took over and had a go then they gave up. I have checked MCOL status again today at 17.00 and status is unchanged its now 36 days, and last letter from the court was on 7th November, I may ring the court again tomorrow and see if MKDP have informed the court if they wish to proceed.

 

Cheers again for that piece of info it will come in very handy if push comes to shove

[AndyOrch]

Im fairly confident that Mercers were allowed to issue the DN,s on BC behalf.

 

Regards

 

Andy

[Nivagey]

Update..... No post today so I rang the court. The deadline for MKDP to notify they wish to proceed was the 10th Dec. However the court said again they are behind but MKDP may well have filed to proceed before this time only they have not yet processed this so its not over yet. Im told I will get a letter informing me that they wish to proceed if they have met the deadline in due course!

 

However if they have not then the case is "stayed" untill they approach a Judge with a good reason and are prepaired to cough up the cost to go again.

This seems unfair as if I had missed the deadline they would have won by default, so how come one rule for them and one rule for us?

Im confused by conflicting theory about the default notice either being issued by an agent or the actual creditor? My default notice does not have B/C's address on it only Mercers?

 

Any idea why Mercers (if they are part of Barclays) didnt go for the Claim in court???? like MKDP have? or do Mercers and Barclays know something that MKDP dont? It does not make any sense at all, why would Barclays throw away that sort of money if they knew they would win in court? But sell it on to MKDP? Or am I just being a bit dim here? Thanks again for all who advise Merry Xmas to you all!

[AndyOrch]

Update..... No post today so I rang the court. The deadline for MKDP to notify they wish to proceed was the 10th Dec. However the court said again they are behind but MKDP may well have filed to proceed before this time only they have not yet processed this so its not over yet. Im told I will get a letter informing me that they wish to proceed if they have met the deadline in due course!

 

However if they have not then the case is "stayed" untill they approach a Judge with a good reason and are prepaired to cough up the cost to go again.

This seems unfair as if I had missed the deadline they would have won by default, so how come one rule for them and one rule for us? It is their claim and prerogative if they wish to respond they are the claimant...optional not mandatory

Im confused by conflicting theory about the default notice either being issued by an agent or the actual creditor? My default notice does not have B/C's address on it only Mercers? see above post #161

 

Any idea why Mercers (if they are part of Barclays) didnt go for the Claim in court???? like MKDP have? Because Mercers are in house collectors they are BC or do Mercers and Barclays know something that MKDP dont? No MKDP are now the owners hence their name on the summons It does not make any sense at all, why would Barclays throw away that sort of money if they knew they would win in court? But sell it on to MKDP? Because they have wrote it off and already had tax relief on it so any assignment is a profit Or am I just being a bit dim here? Thanks again for all who advise Merry Xmas to you all!

 

Regards

 

Andy

[Nivagey]

Hi Andyorch,

 

Im still very confused by all this? So Im never going to be out of the woods till 6 years have passed? Im always going to be wondering when MKDP or whoever buys the debt in the future decide as it is their perogative to stir things up again and rattle the cage?

 

Another thing I dont understand why would B/C write it off if they knew they could claim the full amount rather than sell it at a loss so another company would make more money? Would tax relief cover their loss even with the money they have sold it for to MKDP? Makes no business sense at all to me ? Post 161 I have read but still is unclear? I have read on another thread that the default notice has to have the creditors name and address on it?

 

All B/C said in their letter was "DEBT Collection" "You must make your payment or we'll instruct Mercers Debt Collections Ltd to send you a default notice in accordance with our rights under section 87 (i) of the consumer Credit Act 1974. This may affect your ability to obtain credit in the future"

 

If Mercers LTD are a LTD company and I did not sign a CCA with them how would it be possible for Barclaycard as also a LTD Company just hand over the debt to them? I had no assignment letter from Barclays that Mercers were now the owners, or that Mercers were "in house" only a letter from Barclaycard saying they will instruct Mercers to send a default notice and a letter from Mercers that they were an agent acting for Barclaycard?

Thanks

[AndyOrch]

Mercers have never been the owners they are in the next room at BC and are authorised to issue Default Notice and collect. I don't have time to go into the mechanics of debt assignment now but briefly with corporate accounting debts are an asset - but once the debt becomes unrecoverable it can be put on the books as a loss.Corporations are insured for certain losses - as normal operating procedure.

 

Once the alleged debt has been transferred from the assets ledger to the losses ledger it no longer exists as a recoverable asset because to do so would be fraudulent as it, the debt, has been recovered by insurance.

Corporations offset the cost of debt recovery insurance by selling/assigning collection of the debt to a third party.

 

I personally would stop worrying about MK they are not too familiar themselves with the procedures once a defence has been entered.

 

Regards

 

Andy