County Court Claim from MKDP LLP/ Barclaycard

[LucasA]

Hi,

 

I am a complete newb and have been reading through a lot of the old threads and think I've got a grip on what I should be doing but was hoping some kind users wouldn't mind glancing over my case before I act.

 

I received a claim form from MKDP LLP on the 18.6.12 (well actually a lot later than that but that's when it was dated) via Northampton County Court.

 

I owe them £3206.95 but simply do not have the funds to pay as I'm out of work and having to claim JSA.

 

Should I try and defend this case or buy more time?

 

Have been thinking of trying the CPR 13.14 as I really have no idea anymore how much I actually owe and have lost all records.

 

I really don't want to have to face bailiffs so any advice would be greatly appreciated.

 

Thank you in advance,

 

Lucas

[rebel11]

Hi lucas

 

Welcome to CAG

 

Have you been mis-sold PPI on the account? or have you had penalty charges to the account? How old is the account?

 

Have a read of 1,2 and 3 in my signature.

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[LucasA]

Hi,

 

No I never took out PPI and there are a lot of charges, around £400 the last I can remember.

 

Thanks for the quick reply rebel!

[citizenB]

You have a timeline to adhere to..

 

If the date of the claim form is 18.06.12 it is as follows.

 

Date of issue - 18.06.12 + 5 for service = 23.06.12 + 14 to acknowledge service = 07.07.12 + 14 extra days if you are intending to defend the claim. (33 days from date of service)

 

Looks as though you still have a few days in order to decide if you are going to defend or admit.

 

You dont have to worry about bailiffs just yet - you would need to lose in court and then not stick to any payment arrangements before those would be involved.

 

Defend only if you believe you have good reason to.

 

Can you please tell us exactly what the it says on the Particulars of Claim.

 

If you do not believe the amount being claimed is correct then you can ask for a statement of account- statements in order for them to prove the liability owed.

 

 

I suggest you have a read round similar threads in order to see if you have reason to defend. Then we can advise further.

 

7th is a Saturday so you will need to have decided what you want to do by the 6th and acknowledge service on that date.

[LucasA]

Thanks CitizenB,

 

The particulars of the claim are as such:

 

The claimant claims the sum of 3206.95 being monies due from the defendant to the claimant under a regulated agreement between the defendant and Barclaycard **************** and assigned to the claimant on 13-05-2011, 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 claims the sum of 3206.95 and costs.

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

 

I definitely want to try rebels signature link '1) CLAIM BACK ALL PENALTY CHARGES'.

 

Also I don't understand what they hope to achieve by taking me to court. I literally have nothing.

 

Thanks again,

 

Lucas

[Dotty50]

Hi LucasA welcome to Cag, you will get lots of assistance here!

 

If you click on my name, it will take you to my threads, one of which relates to a recent claim received from MK and you will see from my thread that there are others in the same boat. It is my opinion that MK issue these like confetti and rely on people not defending, so they get a ccj by default!

 

As CB mentions earlier, if you plan to defend you must adhere to the required dates. Have you acknowledged the claim online yet?

 

Did you have a regulated agreement with BC? Did you receive a NOA or a letter before action?

[citizenB]

Lucas, if you have a read of Dotty50's thread - you will see what you need to be doing and by when - anything you dont understand, just shout.

[LucasA]

Good morning Dotty and CitizenB,

 

I am reading through your threads now and they are reassuring.

 

I think they definitely are issuing these in the hope of no defense but I don't plan to give them the satisfaction.

 

I read in another post (can't remember which now as have trawled through so many) that they didn't even turn up to court on one claim.

 

I am planning to defend, whether all or part of I am unsure of. If I tick the 'defend all' box will that cause me problems later down the line if I choose to only defend part?

 

Also once I have told the court of my decision (I have until Friday) what do I do then?

 

I'm thinking send in the CPR 31.14 via recorded mail and await response but how do I let the court know I'm awaiting action from MKDP?

 

Thanks guys

 

Lucas

[citizenB]

Right, so you have until Friday to acknowledge the claim, yes ?

 

At this stage, you dont have to let the court know that you are waiting on information. Send your CPR31.14 request for information. Links in the attached pdf below.

 

You actually havent left yourself much time - so you need for the claimant to respond within 7 days at least. Otherwise you will need to apply for an extension. You will read how to do that in the pdf below.

 

You can only request documents if they are mention in the PoC so that will be ..

 

A copy of the agreement

Copy of the Notice of Assignment

Copy of the Default Notice

Statement of account or statements showing how the sum they are claiming has accrued.

 

legal issues-compilation.pdf

 

Anything I have missed - then just shout

[LucasA]

Thanks citizenB,

 

CPR31.14 was sent recorded yesterday recorded and the acknowledgment was filed online today.

 

I guess it's now a waiting game for them to respond.

 

Should I be doing anything else in the meantime?

 

Lucas

[citizenB]

You should be collating any information you do have - have a read round similar threads to yourself.

 

Most importantly for what reason are you entering a defence ?

[LucasA]

Main reasons being I did not receive a NOA or a letter before action and that the charges are unfair and excessive and I want to challenge them.

 

Also by reading through Dottys posts it seems as though the claimants don't seem to have their act together.

[LucasA]

Still haven't received a reply from them, have spoken to them on the phone today and they fobbed me off saying the court case is being delayed by them and that they will send acknowledgment of my received cpr 31.14 request in writing but as yet nothng.

 

Any suggestions as to what I should do now?

 

Need to let the court know of their acknowledgment and extension request by Saturday but am thinking of filing a defense asking for it to be struck out due to their lack of response.

 

Getting very worried now so any help at all would be massively appreciated!

[citizenB]

I doubt very much you will obtain a strike out

 

If you have a letter / communication from the Claimant advising they agree to an extension, that should already have been supplied to the court.

 

If you dont have the information you require, how can you file a defence ?

 

Almost certainly if you dont do something, then they will likely obtain a judgment in default.

 

If you are due to submit by Saturday, then in your own interests you should submit by tomorrow.

 

Give me a minute to read back over your thread.

[citizenB]

I will send an S.O.S to andyorch for you.

[LucasA]

Thank you

[citizenB]

You have received no NOA - no DN - no LBA - you do not know how they have arrived at the balance they are claiming.

 

They have not responded to either CPR 31.14 or request for an extension.

 

The claimant has told you, they dictate whether or not the claim moves forward or not !!

 

Summary above correct, yes ?

 

Do you have a copy of the agreement/application form . When did you enter into the agreement.

[AndyOrch]

Hi Lucas

 

Time is short now and as such you have no alternative but to submit a short defence refuting/admitting the points they claim. Detail their none response to CPR/LBA you can force disclosure after your defence has been submitted by way of the AQ.

 

Regards

Andy

[LucasA]

HI CB,

 

Yes that summary is correct. I don't ave a copy but it was taken out around 2006.

[LucasA]

Hi Andy,

 

Thanks, I will get to work on my defense this afternoon ready for tomorrow.

 

I am going to chase them up on the email they promised, if I manage to get that will it still be too late to request an extension from the court?

 

Thanks

[AndyOrch]

Yes its far to late now to agree extensions.

[LucasA]

Ok I have a rough draft of my defense which is an amended vesrion of Dottys from another post with added points from CB.

 

Here goes:

 

 

 

In the Northampton (CCBC) County Court

 

Claim number XXXXXXXX

 

Between

 

MKDP = Claimant

 

and

 

Me – Defendant

 

DEFENCE

 

1. I (insert name and address) am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

 

6. It is denied that I have an agreement with MKDP.

 

7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

 

9. No letter before action was received before the claim form.

 

10. On receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim.

 

11. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the default notice, the termination notice and the notice of assignment. To date no response has been received from the claimant.

 

 

12. It has been confirmed via the royal mail website that the above letter was received and signed for.

 

13. Furthermore, in an effort to not be disadvantaged by the claimant's failure to provide the very information their claim is based upon, I sought to request an extension of time under cpr15.5, in order for the claimant to provide the information requested.

 

14. The claimant has so far failed to respond to this request.

 

15. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

Me

 

Defendant

[LucasA]

Is there anything I should reword or edit out?

 

Thanks in advance, this site and it's members are proving invaluable to me.

[LucasA]

Have just recieved this email after chasing them up:

 

As per discussion this morning, we can confirm that the documents you have requested with Barclaycard, we do

Allow at least 4 weeks for Barclaycard to forward the required documentation across to MKDP.

 

As of today we have requested 4 week stay to await documentation.

 

Kind Regards

 

Is this legally binding or should I still hurry my defense through?

[AndyOrch]

Check with the Court Lucas to see if they have made application to stay the claim.

 

Regards

 

Andy