Barclaycard DCA and now DCA launched CC action - quick help needed

[Vincedomingo]

ok

With 7 days from 3 Oct when the right to reply service date commenced MK*!. would needed to have applied by 10th. Today when I called the court they had not. Today is the 14th so they have I hope blown it. So I've dashed off a letter to the court saying I expect due process and restating MK*! do not have a case as no docs for defense beyond statements and this is not sufficient.

Hmm did not need this when I thought I was almost home and dry........

[Vincedomingo]

Hi Nivagey I have been updating my thread. I'm starting to diverge a little from your position in time as I think I am slightly ahead in the process. Have a look at my thread. Surprises seem to happen all the time! http://www.consumeractiongroup.co.uk/forum/showthread.php?368297-Barclaycard-DCA-and-now-DCA-launched-CC-action-quick-help-needed/page2 Vince

[Nivagey]

Hi Vincedomingo,

 

I have yet to get anything from the court or Mk it was stayed from the 10th but the court did say if MK had filled before then and the court has not yet processed it due to backlog i might not get the news im waiting for till end of this week! Has your MCOL status changed or shown any update?

B/C and MKDP both sent a wad of statements etc replying to my CPR letter No Credit agreement all B/C sent was a copy of the original application form form 1983 (not sure if they are going to try and use that as the CCA)?

 

Im a little concerned now as its the run up to xmas so post will be slow, holidays etc and people going back to work 3rd Jan time will things get lost, or overseen etc...Im expection a little xmas pressie from MK this week if im honest just to say merry xmas and have somthing to worry about over Xmas

 

It all seems a right con to me they get given a time to to respond by as they are the ones who instigtate it all, then they cant be bothered to be ready when they know there is a dead line, then blow me they can appeal and have another 7 days??? hmmmmmmmm

[Nivagey]

Just this minuet rang the court, they ahve not had anything from MK and backlog has ben cleared Its automaticly stayed from the 11th Dec they will need to apply to the Judge now and this will take 4-6 weeks. I will await more stuff from MK this week though and inform the court of any developements

[DonkeyB]

Surely they’re wrong – the judge issued an order that it be struck out, not stayed?

[Nivagey]

Hmmmm DonkeyB not sure all she said was the period for them to proceed was up on the 11th (originaly the 10th) and it was stayed. They have had nothing from MK I asked about the extra 7 days and she said they will need to apply to the Judge and pay if they wanted to go any further which would take 4-6 weeks but dont worry as my defence had been filled .... is "Struck out" irriversable then? and Stayed open for appeal? thanks

[DonkeyB]

Hang on... who’s thread is this!

[Nivagey]

Could be my fault I was answering Vince mate... Cant get back to my own thread...

[DonkeyB]

That’s why I’m confused... the thread owner’s claim is subject to strike out.

[Nivagey]

Hi Vincedomingo, soz got confused when looking at your thread mate got caught up with DonkeyB.... Well you will see where I am at now with it.. Yours is interesting though. The court today was very helpful, Im confused by Stayed and Struck out though...all i was told it was stayed and they had to apply to the judge which can take 4-6 weeks and they have to pay... this extra 7 days on top of the 28 is confusing...the court had had nothing from MK as from today at 4:30pm so its a bit late to submit anything now...I have not had an AQ either ?

[Nivagey]

Yes your right thats his thread mate found my way back to mine, soz about that lol i was confused too he is a bit in front of me all the best Nivagey

[DonkeyB]

No problem – just best to keep to separate threads, so as not to confuse poor, thick farm animals like me.

[citizenB]

Stayed = on hold = in abeyance = Either side can apply to lift the stay but a fee will be required.

 

Struck out = disposed of = It means that the Court has decided that a claim has no reasonable prospect of success, or is an abuse of process, and decided that it cannot be allowed to continue.

[Vincedomingo]

Hi Nivagey

Lets be clear

I had the 28 days stayed based on my defence

At the end of that I rec'd a court letter saying 'Struck out' but 7 days in which the claimant could make a claim to a judge to change it

 

Both of these are now out of time . On the day the 7 days was out of time, I rec'd a package from MK!* which was a an aq form saying the other missing documents (some Bcard statements had arrived before this during the 7 days period) would arrive 'shortly'.I rang and wrote to the court last friday the 14th saying given due process MK*! could not be submitting a defence now and due process meant the case was over - struck out . I asked for clarification.

I asked the court in my phone call - apparently the MCOL online takes a long time to get updated and does not show much beyond defence until the case is over.

 

Vince

[Vincedomingo]

Today 22nd recd letter from the court replying to my letter questioning where things stand, sent last week.

So a reminder where I was up to: the action was stayed for a month then struck out with a 7day window for it to be set aside if requested by the claimant. those dates are both well out of time now, and all MK*! did was send an aq form to me and the court on 10 Dec.

 

The reply from the court verbatim " Please note the claimant can apply to Set the order aside within 7 days of the order being made but the claimant can apply at any time to reinstate the case.

The calimant has been informed on 3rd dec and 11 December of the need to reply." 10 dec was the end of 7 day period so they have missed that.

 

So this is good - MK*! have missed the stayed deadline and the 7 day time to to apply to set aside.

Whats not so good is they can still apply at any time to reinstate the case! Any advice on this? I can still defend rigoursly on abuse of process and they MK*! have not got the info from b'card to really define the case as unwinnable for me I believe, but all the time they are gaining time to sort out their incompetence.

 

However I remain ready for the unexpected from MK*!'ers

 

Vince. Merry Christmas!

[Vincedomingo]

Hi Nivagy

well its not all doom and gloom...

As in my case it has been struck out (the stayed was the earlier status for 1 month) and MK did not apply to have the struck out removed/set aside in the 7 days, I imagine I have a reasonably strong case to say the saga is over for MK as they did not meet the courts requirements for the case to proceed as no documents supplied in the 28 stayed days (some came after) and no application to set aside in the 7 days after it was struck out. However MK may well try and do something so I don't feel completly safe yet!

 

Can anyone can offer advice on this?.

 

I think in an earleir response Andyorch said the 6 yeas still applies regardless and any tom dick, harry or DCA can come along later and try but the fact that the claim is struck out once and there has been a failed case means some letter waving at new DCA's means that they can probably be fended off a bit more easily. However I had had nothing from MK before the court summons so little warning given!

 

Incidentally I mean to apply for costs as a LIP if I can when the final status is clear

 

Vince

[Vincedomingo]

well here we are on 7 Jan and

zilch from MK*!

and zilch from the court

MCOL still says defence

 

so I'll have to write I guess.

 

Vince

[Vincedomingo]

Update 19 Jan 2013 Well I seem to be in Limbo. The reply to my second letter to the court (which came to me on the 19th) asking for clarification led to pretty much the same response as the previous letter. It essentially says the claimant is in control of the status and may reinstate at any time and theer is nothing the court can do.... . bizzare This seems odd and contradictory if the process is 'stayed' for 28days, then struck out with a 7 day window to which the case can be put in front of a judge to reinstate why is at teh whim of the claimant?. The DCA did zilch in these two periods other than submit a late defence after the 7 day window. HELP NEEDED PLEASE to clarify what on earth 'Struck out' means if its not struck out and case over. |I'm going to write to the court again and get them to justify what I thought were obvious and clear steps - all this time gives the DCA opportunity to diddle about!! Vince

[Dotty50]

Hi Vince, Citizen b had explained in post 173 what 'Struck out' means.

 

Personally I think you are wasting your time writing to the court again, it's not up to them to chase MK and in the very unlikely chance that MK will pursue this any further, they will need a very good explanation to give the court as to why they didn't proceed before.

 

As I have said many times, MK rely on people not having a clue and they get default judgements which is so much easier for them to deal with and get money in.

[Vincedomingo]

Thanks for that Dotty, Agree completely. I guess I'm not very good at handling an open ended situation when the likes of MK are around. The idea MK can restart the case at any time ( by getting it in front of a judge but with strong justification) irks me! I want clarity But there must be some sort time limit unless its just the 6 years statute limit? It seems perverse given MK submitted an inadequate defence out of time that they can hang on in there. If I had submitted a late defence the case would now be in court and moving towards completion, disadvantage me! Vince

[Vincedomingo]

Struck out = disposed of = It means that the Court has decided that a claim has no reasonable prospect of success, or is an abuse of process, and decided that it cannot be allowed to continue.(from post 173 above) Was CitizenBs' definition. This is not what the court are saying, they are saying it can be reopened at any time......but did not say for what reason only that the claimant could do it

[AndyOrch]

Hi Vince

 

What you must appreciate here is that the staff you speak to are not trained or qualified to advise on judgemental issues.Yes they may have a basic understanding of court procedures but are simply not qualified to be able to give you advice on what you should do next.

 

When a claimed is stayed...it may be stayed for various reasons...so its the unknown that you are questioning.Now to make an application to the court to do something means asking them to judge over a matter to enable the court to dispense with the matter.

Parking a claim can be very frustrating ..I appreciate that but you must be patient and pick your moment that will not result in a reaction.The claimant can leave the claim stayed for weeks months even years....but the longer they leave it the harder it is to resurrect it and to justify their reasoning for this period of stay.

 

Any defendant wishing to make application to request strike out and/or judgment stand,s a far better chance of success biding their time and letting the dust settle...of course if there is a point of law or CPR that will support said application then that should be done asap.

but making an application just because its stayed and you are getting restless..would IMHO fail with further costs to you...and a possible reaction from the Claimant say application to set a side your application and also contain a request to strike out your defence and request Summary judgment.

 

In that instance probably game over for the defendant.

 

hope that explains the advice offered here on CAG.

 

Regards

 

Andy

[Vincedomingo]

Update.

 

 

Case has remained stayed in the CC. Then

 

 

22 Nov 2014 ( a year approx since stayed) had letter from MKPD saying they had launched an attachment of earnings

for the whole amount on the case number that was stayed please pay up now in one month or else!

I was a little but not a lot alarmed by this.

 

 

I sent a response letter immedialty to MKPD spelling out where I thought we were.

And a letter to the CCourt asking the staus of the case.

 

 

MKPD replied first with the most grovelling letter I have ever had from ... anyone.

Their compliance officer said it was all a big mistake and they did not mean to harrasss me

they had made a genuine mistake (hah!)and I would recieve no further correspondence from them on this!

 

 

I have not heard from the court yet but I can guess that MKPD had not checked the status on this

or were shipping out 1000's of letters at random to try and make a buck somehow.

 

 

So I am starting to think its all over and even if MKPD sold things on the fact there has been a failed case probably now at last means ..

..the end of the saga for which I knew they would never be able to provide documentation for.

[dx100uk]

yes lots of people got those letters

 

 

have a read in this forum.

 

 

clerical error MY FOOT!!

 

 

dx

[SabreSheep]

Complain to fos or at least send a pack of info to the fca