Jump to content

 

BankFodder BankFodder


Nivagey

MKDP Claimform - Barclaycard **Claim Discontinued**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 855 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Niv. I am going to but out now - as said above, I am no expert.

 

Rob & Andy - sorry about posting over you - your replies have only this minute showed up (odd).

 

Good luck.

Share this post


Link to post
Share on other sites

Take a read of the link I have posted Niv and also do a search as suggested.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Please be aware that there is an almost identical claim by the same party in another thread here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?369802-MKDP-court-papers-received-re-Barclaycard%282-Viewing%29-nbsp

 

Niv - you are not alone. Oddly no claim for interest was mentioned in your POC, but it was on that one. Apart from that and the sum claimed, they are identical.

Share this post


Link to post
Share on other sites

There are several recent identical claims Bandit, Andy put a link to mine in post 94

Share this post


Link to post
Share on other sites
There are several recent identical claims Bandit, Andy put a link to mine in post 94

Just read through it.

 

I will post it up again as you are doing a great job and the OP will definitely benefit by seeing how his case will progress.

http://www.consumeractiongroup.co.uk/forum/showthread.php?349319-Claim-issued-MKDP-barclaycard-will-need-some-help-please!&highlight=MKDP

Niv - you will get a very good account of what is to come from reading this thread. I highly recommend you read through it.

 

After all, knowledge is power...

Share this post


Link to post
Share on other sites

Hi Bandit,

 

Thanks I will have a look now mate just got to pc since last posted. Not got my defence off yet that will go in on fri recored etc.. Yep it just states moneis claiming and court cost, I see no solicitos fees is this normal? Cheers

Share this post


Link to post
Share on other sites

Hi just this mim filling Claim on line and hit my first hurdle dont understand the 2 questions :(

 

1 Filling my acknowledgement within 14 days

2 Filling my acknowledgement within 14 days with seperate more detailed particulars

 

Is No 2 the one I should use if I want more time to get my defence together?

 

Urgent reply if poss :( Thanks

Share this post


Link to post
Share on other sites

I don't remember having any options when I did mine, is there a help option Nivagey?

Share this post


Link to post
Share on other sites

Hi Dotty,

:( hmmmmmm only a tel number...Think I got that one sorted now but they have asked if I want to contest jurisdiction of the claim against me? Does this me I can choose court nearer me? Thanks very much ! :)

Share this post


Link to post
Share on other sites

Andyorch told me not to tick this box

Share this post


Link to post
Share on other sites

oh right cool not done that yet so I wont ...Did he say why? and final one is A defend all of the claim or B defend part of the claim ? Not sure as my defence is just the CCA being flimsy, but I do have a letter offering B/C payment when I first came unstuck, but they refused and said I had to use a debt management company or such like and IVA i think or seek advice but they wouldnt go in to a plan with me.

Im worried if I defend all and the CCA is good will the judge be harder then even if I say well I did offer to pay initially? Cheers for this

Share this post


Link to post
Share on other sites

No he didn't say why, but I didn't ask either!

 

Have you read mine and the other threads linked on mine?

 

I believe that MK are flooding the bulk centre with these claims and hope to get default judgements, because of peoples lack of knowledge. They will have paid a pittance for this debt and I would be surprised if they had any paperwork to rely on in court, should it get that far.

 

After I submitted my defence, they eventually sent some dodgy copy letters but no CCA, like yours mine was from a very long time ago. I have heard nothing since as with other Caggers on here.

 

It's your choice to decide which way to go but if you admit the claim then you will be paying MK for a long time and they have not proved to you that they have any authority to collect this debt have they?

Share this post


Link to post
Share on other sites

Hi Dotty50,

 

Yes I have read your threads and links etc.. :) Still a bit confusing I must admit im not the brightest spark :(

 

However I have just filled the online form and decided to defend agains the claim 100%. I have just been looking through my paperwork and found the CPR 31.16 i SENT b/c back in 2010 all they sent was dribbles of old statements no CCA and I think some T&As but nothing linking me with the accoung as such. Then MKDP got involved I sent them a dispute letter stating the account was in dispute etc.... after a long lette battle they also sent me 5 yrs statements and said B/D have no knowledge of any dispute and will carry on with their debt collection activity. Then B/C sent me some more statements and a very black Application form for 1983 it does bear my signature, but no T&C's embodied with it at all, just another piece of paper for the manager or however to fill in to assist the application.... So you quite rightly say MKDP have not produced didly really.

What do you advise to write for my defence (if its at all possible to ask) ? Thanks again I appreciate your help very much :)

Share this post


Link to post
Share on other sites

Hi,

Dotty50,

 

Im trying to compose something for my defence to fill in online as soon as possible. Im not sure what angle to go for, I have not yet gone to the defence section so unsure how and what sort of things get asked or how your supposed to submit a defence. Do I go down the MKDP have not provided me with a CCA on itd own or do I mention that I have disputed this with B/C and sent the CPR letter with no satisfaction therefore MKDP have no right to make a claim and that MKDP have not produced a CCA ? Its a bit daunting as if I use B/C as the initial reason am I admiting I am liable to B/C and not MKDP? Or do I just leave B/C out of it and state MKDP have not produced a CCA and I will not accept liability? Thanks

Share this post


Link to post
Share on other sites

I prepared my defence in a word document and then you can copy the text into the defence box online, you don't get asked any questions as far as I can remember. You should be able to go online and have a look, prior to actually submitting it.

 

The defence I used is on my thread, I got it from here and adapted it accordingly.

 

Did you send a CCA request to MK? If so, did they send you anything back?

 

Unlike you, I didn't get anything from BC, only the current T & C's so the question will be whether MK have a copy of the 'agreement' that BC sent? I doubt it, but you never know. If they produce this then the fight will be whether or not it is enforceable.

 

Andyorch is the legal expert around here so you will need to take more advice from him.

Share this post


Link to post
Share on other sites

Hi Dotty,

 

Thanks for that I will have a closer look at it :) I didnt send a request to MK only B/C and they just sent the T&C modified not the original, MK just sent a load of statements, then B/C sent the original application form 1983, im not sure if MK have it too. The thing is, is the Application enforceable im told different things on this...eg it does not have anywhere the "right to cancel" or show any terms & conditions on the flat copy they sent me from 1983 :-/ so I guess it will be a game of bluff. MK have the dispute letter I sent to B/C and they liased with B/C and claimed that B/C have know knowledge of any dispute so they will carry on their collection activities... Should I have requested the CCA from MK? Thanks

Share this post


Link to post
Share on other sites
Andyorch told me not to tick this box

I think this is only if you are in a different jurisdiction. If the court is in England and Wales (one jurisdiction) you are in another (say Northern Ireland) you should tick the box.

 

To be confirmed, but I think that is the purpose of that box. Since you are both in England and Wales, it shouldn't be ticked.

Share this post


Link to post
Share on other sites

Thanks Bandit :) I didnt check that box Phewwwww :)

 

Dotty50 I have lookd through your threads and cant seem to find your defence :( Also should I now write to MK and do the CCA request as well as the CPR request or is that too late? I have the MK letter that they state there is no dispute and B/C have only supplied drivel? All im going to get is the same? Thanks

Share this post


Link to post
Share on other sites

Just searched for the CPR 31.14 Template letter and couldnt find it could anyone post a link to it if possible? Thanks I will get this off on Friday or it it too late?

Share this post


Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Dotty50 :) Right I have found the CPR 31.14 template letter and filled it out ready to go of on Friday (cant get to post office any sooner) Do you suggest I send them the S78 as well at the same time?

 

Also I have found your defence and pinched it (hope thtas ok?) I take it now I send MK both letter recorded etc and await their response before I file my defence online? Again appoligies for bieng a bit dim :( Thanks

Share this post


Link to post
Share on other sites

Thanks Andy :) I managed to find it :) You guys are stars :) Am I too late to issue CPR & S78 to MK?

Share this post


Link to post
Share on other sites

I don't think it's too late at the moment but you will need to be quick!

 

I think your defence needs to be in by 13th November? So you have a little leeway.

 

If you send them, do them separately and by recorded delivery so that you have proof of posting and delivery.

Share this post


Link to post
Share on other sites

Hi Dotty50 Thanks for this, I have managed to get the template for the CPR31.14 and its ready to go but struggling to find the S78 template one... Is this just the CCA request template one? I have found ths one but worried I send the wrong one :( Thanks

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...