Barclay card and MKDP advice needed

[go for it]

Hi

 

My O/H has received a N1 claim form from MKDP muppets for an old Barclay card account , which we requested a cca for back in 2010 and just got back t&c, want to know should we cca this lot or cpr 31.14 or both , want to get the ball rolling asap.

 

Thanks

[ims21]

Thread moved to Legal Issues in view of the receipt of N1 form.

[go for it]

sorry put it in the wrong area

[AndyOrch]

Do both to MKDP go for it,

 

On your Section 78 request head it " I do not acknowledge any debt with your Company".

 

Regards

 

Andy

[go for it]

Thanks Andy

Can i ask whats the differance between CPR 31.14 and CPR 31.16

 

Thanks

[AndyOrch]

CPR 31.14 would be for copies of the documents mentioned in the poc's

CPR 31.15 is for visual inspection of documents mentioned in the claimants particulars of claim.

CPR 31.18 would be for any document not mentioned in the poc's.

 

CPR 18 for information pertaining to their claim (Not Documents)

[go for it]

Letters typed up and ready to be sent tomorrow, recorded of course.

[Dotty50]

Hi go for it,

 

Have you done the acknowledgement of services online through MCOL?

 

Don't forget, as there are specific time limits to do this.

[go for it]

yes all done

thank u dotty

[go for it]

well postman been and no papers unless they come special delivery , ok im on new territory now, what do we need to send to the court as 28 days to file defense is running out.

 

thanks

[AndyOrch]

what is your defence date GFI?

 

Regards

 

Andy

[go for it]

Does day 1 start on or day after date of service ?

[AndyOrch]

You nave 33 days in total (so 5 deemed served leaves 28) 14 days to AoS and a further 14 to submit your defence ( if you are defending)

So day 1 starts 5 days after the date on the summons.

 

Regards

 

Andy

[go for it]

The summons is dated the 24th August so im making it the 28th September defense date ?

[AndyOrch]

Well 25th but play safe.

 

Andy

[go for it]

As we cant put a defense together whats my next move.

[AndyOrch]

I would not normally advocate submitting a defence based on the none compliance to a CPR request but in this case and the Claimant involved a well worded holding defence would suffice.

 

Regards

 

Andy

[go for it]

Sorry im probably being abit thick hear,but im not sure what u mean by a holding defence.

[AndyOrch]

An holding defence is a basic defence (not particularised) and submitted as a means to stop default judgment.( you may see it referred to on CAG as an Embarrassed Defence)

[go for it]

Andy

Can i ask why on this case you suggest to go down the embarrassed defence route , on other threads its been said its not a good idea because of costs

 

Thanks

[AndyOrch]

Totally agree but in the absence of documentation and clarity there is little else open to option.Costs are subject to Track.

 

Regards

 

Andy

[go for it]

thanks Andy

[Dotty50]

Hi go for it

 

Did you get a defence submitted?

[go for it]

Yes defence submitted Dotty, sent it through MCOL , do you know if u should get an email back from the court has havent heard anything yet.

[Dotty50]

Glad to hear you have done it go for it.

 

I have experienced two different claims and when I submitted a defence for the first one, I had a letter from the court confirming that my defence has been forwarded to the claimant and I have heard nothing since so it is stayed, although I've never confirmed it with the court.

 

With the other claim, which was from MKDP, I never had any letter from the court after submitting my defence, but again have heard nothing since!