Barclaycard PPI but Claim Form Now Received

[african_igbo]

I have a claim with Barclaycard and its goes back to 1997/8.

 

They are continuing there investigations, but need to locate my policy but I did have a DPA copy of a statement to work alongside.

 

It does not matter how long but they did state that 10 Year rule is possible, as a defence, but anyway I am still waiting on Barclaycard next response .

 

FOS where sent s copy of the correspondence.

 

Update from Barclays Bank, who claim they can not locate my policy (dates back to 1997), but I attached from a SAR the Bank Statement from 1997 indicating bank account, date, policy number and PPI. So I have since sent this to the FOS.

 

I have also sent a mppi Intelligent Finance to fos which is awaiting a reject or upheld verdict to date I had 4 x success to date.

 

Fingers x.

[gem77]

thanks for the update african_igbo.

I sent BC the satement and everything back in feb to prove i did have ppi

and a letter to the DCA to tell them.

 

got a letter from the DCA to say they were looking into it but nothing since feb.

 

I am reluctant to chase at the moment as i dont want to keep getting hounded for what i owe them again

although the ppi is enough to cover it so am just forgetting it till i hear anything from them as in my eyes the debt is cleared by what they owe me. x

[gem77]

OK further development on this.

 

the dca that bought the debt off Barclaycard kept sending me letters roughly every month to say they were still looking into the ppi claim.

 

then a couple of months ago they sent a letter stating they were getting no where and I was to pursue barclaycard myself.

(I have been I only sent them a copy so they knew where the account stood and that it was in dispute so could not do anything).

 

I then get a letter stating that they haven't heard from me with a payment proposal so will be passing it to Keynes collections

if I dont respond in 7 days then a couple of days later I get a letter from Keynes collections threatening legal action.

 

This account is still in dispute and barclaycard are refusing to respond to my letters I have now sent it to FOS.

 

Can the dca still take me to court?

 

what should I reply to them?

 

Should I just state that the account is still in dispute

and should never have been sold and that it is currently in the hands of the FOS?

[dx100uk]

if its with Keynes

 

they are very low life

 

you can almost totally ignore them.

 

just don't ignore a claimform or an SD.

 

dx

[gem77]

Hi dx100uk thanks foe your reply,

 

I have done a letter stating it is in heavy dispute

and they have evidence it is in dispute so to stop all collection activity.

 

I was trying to find a civil procedure rule about an account in unresolved dispute as they threw in their letter

"your attention is drawn to paragraph 4 of annex A of the practice direction concerning the courts power to impose sanctions for failure to comply with the practise direction"

 

Thought I might trow it back at them but cant seem to find it.

Dont suppose anyone knows where it would be?

[gem77]

Well they have decided to take me to court. Just recieved claim forms in the post.

[ims21]

In view of the receipt of court papers I have moved your thread to the Legal forum

 

What happened (or is happening) with the PPI claim?

 

As you have received a claim form, please read this item and post the answers to the questions here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[gem77]

Thanks ims21. Here is a brief low down of ppi claim.

 

Sent SAR to barclaycard got back statements and cca

 

sent an fos questionnaire and asked for ppi back as miss sold (ticked I wanted ppi on cca but also stated I was self employed)

 

barclaycard wrote back to say they had no record of me having ppi ( I had cancelled it back in 2004)

 

I sent copy of the cca as well as the last statement that showed ppi.

 

Barclaycard Sold debt onto MKDP,

 

Got letter from MKDP stating they now owned the debt.

 

Sent MKDP a copy of all correspondance i had sent to barclaycard about the miss sold ppi.

 

MKDP replied that they would look into it.

 

Never heard anything again from barclaycard.

 

Got regular letters from MKDP saying they were still looking into the complaint.

 

few months ago got letter from MKDP stating they werent able to help with complaint and that I was to chase barclaycard myself

 

few weeks ago get letter from MKDP stating they haven't heard from me so will be passing it to keynes.

 

few days after that got letter from Keynes stating that if I didn't pay up they would start legal proceedings.

 

I sent a letter the other day to say this was still in dispute and that I was now handing it over to the FOS.

 

sent this of the FOS the other day.

 

Today get court claim .

 

I know I sat on it for quite a while

but they kept telling me they were sorting it and while they were "sorting" it they weren't chasing me for the money.

 

Although the ppi owed is pretty much what I owe them

or at least thats what I workied it out to be

as I could only estimate it as barclaycard refused to give me my statement before october 2004.

 

The claimant is MKDP LLP

 

issue date 11th April

 

this is for a credit card

 

POC:

The claimant claims the sum of £12k being monies due from the defendant to the claimant

under a regulated agreement originally between the defendant and barclaycard.

 

The defendants account number was ********* and was assigned to the claimant on **/**/****,

 

Notice of this has been provided to the defendant.

the defendant has failed to make payments in accordance with the terms of the agreement

and a default notice has been served pursuant to the consumer credit act 1974.

 

the claimant claims the sum of £12k and costs.

 

The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

They haven't added interest.

 

I took out the credit card in 1999.

Not the original creditor it has been sold on.

 

it is still in dispute with original creditor.

 

barclaycard did send me default notices but that was 3 years ago.

 

the only regular letters about this that I got were from MKDP

to let me know they were still looking into my complaint.

 

last two from them were to say they can't help,

then that they were passing it to keynes

then the letter from keynes headed

"notice of intended legal action".

 

 

Think that about covers it.

 

So I guess I send a CPR31.14 or is it a CPR18 or both?

 

always get a little confused with these.

 

Many thanks

[dx100uk]

as this is now in court use the cisheet and 24.9% for the ppi

 

up till today

 

dx

[gem77]

Ok will do dx thanks. So do I treat it as a counter claim and as I only have the 1 monthly payment to work from do I just use that for each month or guess at an average monthly figure?

[dx100uk]

poss but not my bag sadly.

 

work out an avg for the months you do not know yes

 

fos says that's fine

i'll get someone to pop in and clarify the reclaim with BC.

 

dx

[gem77]

Thanks dx really appreciate that.

[dx100uk]

as you have only one statement reviewing the threads start in 2011

 

Its improbable a judge would believe you,

 

you should have pushed harder to get the evidence you needed since 2011

 

however no big deal

 

your tact now needs to be a CCA request and a CPR 31:14 to the claimant.

 

if BC cant find the details

 

then I bet MKDP cant!!

 

do them tomorrow!

 

dont forget to ack the claim.

 

dx

[gem77]

Hi dx.

Yes I will do the CPR today.

 

I already have the cca that shows I ticked yes to ppi and that I told them I was self employed.

 

Funny how they had that but nothing else beyond 6 years.

 

I know I should have pushed it further back then

but bc wouldn't reply to me and went quiet and mkdo.

Kept insisting they were pursuing it.

[gem77]

Hi,

Received a reply from MKDP

they don't have the documents but are obtaining them from BC.

 

This could take 6 to 8 weeks and I am welcome to put in my defence that they haven't sent them to me yet.

 

So nice of them to give me permission to put that in my defence.

 

But surely the point is how can they issue a claim based on paperwork they haven't got and probably have never seen. :/

 

FOS have also replied asked for a few more bits which I have sent them.

I have also alerted them that they have now issued court papers.

 

it is time to write my defence.

 

if anyone can point me in the right direction on the best way to go that would be great.

[gem77]

Ok been reading quite a few threads on MKDP.

 

Sounds like the chances of them coming up with any of the supporting documents are slim.

 

do I go for a defense based on the fact that they have no supporting documents

and put them to strict proof or do I go for a defence based on the fact that the account is in a PPI dispute

and is currently in the hands of the FOS?

 

Not to sure which way to go here.

 

please has anyone got any suggestions what would be the stronger case?

 

Many thanks

[dx100uk]

right so you have to file by midnight 13th.[Tuesday]

 

dx

[gem77]

Hi DX.

I think it is 4pm Wednesday. that would be the 33 days from day of service.

[gem77]

Ok been busy reading now got to do my defense this evening. One question from what I have read, are creditors supposed to send you a statement of arrears/account at least once a year coz since it's been with mkdp for about 3 years I have never received one. Could this be added to my defense?

[AndyOrch]

Failure to give notice of sums in arrears in CCA 1974. Section 11 CCA 2006 inserts a new section - 86D - that sets out the consequences for a creditor or owner if he fails to give a notice as required by sections 86B or 86C.

 

If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e.. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

In addition,

 

The debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

Notice of default sums Section 12 of CCA 2006 applies to situations where a debtor or hirer under a regulated agreement incurs a default sum.

 

A creditor or owner must give the debtor or hirer a notice in the specified form when a default sum becomes payable as a consequence of a breach of the agreement. For example, you hire a car for the duration of your holiday . There will often be a penalty sum payable if you incur a fine from using the car. The car-hire company might say this is to cover, for example, administration charges. Either way, certain sums are payable if you breach the agreement. Where this applies, the creditor must provide notice to the debtor, of the amount they must pay.

 

Regards

 

Andy

[gem77]

Hi Andy, Thank you for your reply.

 

Before putting it through the court they sent me a letter demanding payment of what I apparently owed but before that nothing apart from the letters stating they were looking into my complaint although each letter did have the alleged amount at the top.

Would this be classed as a statement of account?

From what I can understand from what you just posted it wouldn't really be a defence as they have asked me for payment before submitting to the court. am I right?

 

So should I write the defence based on their failure to produce the documents from the cpr request and put them to strict proof and should I add that it is currently being investigated by the FOS. I can't seem to find any defences based on the fact the account is in dispute over miss sold PPI or such like.

[AndyOrch]

Miss Sold PPI is very rarely used as a defence...only mitigation.The lack of any Notice of Sums in Arrears is quite clear..

 

" If the creditor or owner fails to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e.. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement."

 

Regards

 

Andy

[gem77]

ok thanks Andy. Much appreciate your help as always.

[gem77]

Ok I'm a little confused now. I have received an N149B Notice of Proposed Allocation to the fast track and an N181 Directions Questionnaire. These have been sent from CCMCC but states I am to send it back to CCBC in Northampton.

Reading through the questionnaire (I don't recall filling one in before) it seems more aimed at the claimant than the defendant.

The N149B also states to attempt to agree directions with all parties and to file proposed directions (whether or not agreed) with the directions Questionnaire.

I am not to sure what to do here. Do I just fill in the questionnaire as best I can and send it back?

 

I have also received from MKDP a copy of their Directions Questionnaire and draft Directions.

The Draft directions are as follows:

 

Ordered that:

1. The claim is allocated to the fast track

 

2. At all stages the parties must consider settling this litigation by any means of alternative dispute resolution (including Mediation); any party not engaging in any such means proposed by another is to serve a witness statement giving reasons within 21 days of receipt of that proposal. That witness statement must not be shown to the trial judge until questions of cost arise.

 

3. Disclosure of documents will be dealt with as follows:

a) By on both parties must give each other standard disclosure of documents list.

b) By on any request must be made to inspect the original of, or to provide a copy of, a disclosable document.

c) any such request uless objected to must be complied with within 14 days of the request.

 

4. Evidence of fact will be dealt with as follows:

a) By on both parties must serve on each other copies of the signed statements of themselves and of all witnesses on whom they intend to rely and all notices relating to evidence, including civil evidence act notices.

b) Oral evidence will not be permitted at trial from a witness whose statement has not been served in accordance with this order or has been served late, except with permission from the court.

 

5. No permission is given for expert evidence.

 

6. The trial will be listed as follows:

a) By on pre-trial check lists must be sent to the court.

b) The trial window is between and inclusive.

c) The estimated length of the trial is

d) By on the parties must file with the court their availability for trial, preferably agreed and with a nominated point of contact. They will be notified of the time and place of trial.

 

7. Not more than seven nor less three clear days before trial; the claimant must file at court and serve an indexed and paginated bundle of documents which complies with the requirements of rule 39.5 Civil procedure rules and practice direction 39A. The parties must endeavor to agree the contents of the bundle before it is filed. The bundle will include a case summary and chronology.

 

8. The parties must file with the court and exchange skeleton arguments at least 3 days before the trial, preferably by email if that is possible.

 

9. Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

 

 

There are no times or dates on this it is just blank spaces. All mkdp say on their covering letter is the court will be in contact in due course. I am not too sure what this is all about as haven't come across it before. Can anyone shed a little light on it for me please and also Is there anything I need to do at this point or is it just fill in the DQ and send it to CCBC then wait and see what comes back?

 

Many thanks

Gem77

[AndyOrch]

There are no times or dates on this it is just blank spaces. All mkdp say on their covering letter is the court will be in contact in due course. I am not too sure what this is all about as haven't come across it before. Can anyone shed a little light on it for me please and also Is there anything I need to do at this point or is it just fill in the DQ and send it to CCBC then wait and see what comes back?

 

There wont be any dates they are proposing the directions with you for consent and agreement...anything you are not happy with you can disagree before its confirmed by the court.You should also draft directions same less anything not agreeable with.

 

You fill in your DQ 181 and serve a copy on the court /claimant...quite simple to complete just agree to mediation the rest is self explanatory....but just post if unsure..Make sure you file and serve by the date stated.

 

Regards

 

Andy