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Dexter45

Court claim by MK on Barclaycard loan

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Hi everyone,

 

I have a new profile but am not new to CAG as such.

 

I have a claim against me by MK and am in the process of dealing with it. I submitted my defence online and since then have heard from Mk in that they are contacting BC for the paperwork I requested ( cca etc). I took this as a sign they intend to proceed to court but someone else on here suggests it means they don't have their paperwork in order and just issue these claims on the basis that most people will do nothing and judgment will be made against them.

 

Anyway, I will post up here with any news and progress.

 

Thanks for reading , all advice is welcome. Or if anyone is a few steps behind but in the same boat ,feel free to contact me .

Dex

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Morning Dex and welcome to CAG.

 

Looks like you are making good progress.

 

Please could you post up your particulars of claim (word for word but removing identifiable info and rounding sums off)?

 

Have you entered a defence yet? And what documents did you request (presumably using CPR 31.14)?

 

When did you take the card out? (Pre April 2007?)

 

The experts will need this information if they are to provide accurate advice. (I am not one).

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Hello Bandit,

Thanks for your quick response. Yes its much older than that .

 

I made my cpr31.14 req after acknowledging the claim online. They waited to see if I submitted a defence before bothering to get back to me. All they then sent me was a copy of the Assignment and examples of other letters that they would have sent me over time. These were various demands and were addressed to 'somebody/anybody' and did not contain my name or address. They then went on to say that they have contacted bc for the other documents.

 

The POC's goes as follows -The claimant claims the sum £xxxx being monies due form the defendant to claimant under a regulated agreement between the def and bc xxxxxxxxxx and assigned to the claimant on xx-xx-2010 ,notice of which has been provided to the defendant.The def has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the ccact 9174. The claimant claims the sum xxxx and costs . The claimant has complied with the pre action conduct practice etc.

 

I entered my defence and am waiting to hear back from them/the court.

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Hi again, I had heard nothing since submitting my defence until today . I submitted the defence over a month ago online . Today I have received a copy of the default notice from MK ( which I never received when it was issued in 2010) .

They also state they are awaiting a copy of CCa from BARCLAYCARD and will forward it when it arrives .

Do they really have an unlimited time frame to continue this claim ? As defendants we have deadlines to meet when responding to claims but it seems they can just take as long as they want .

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Nothing will happen unless you receive an AQ Dexter.

 

Regards

 

Andy


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Hopefully, another MK claim bites the dust! :-)

 

And yes they do have deadlines 28 days I believe to respond to your defence, but I have read recently that the courts are behind with processing so a call to the court may be an idea to see if the claim is 'stayed'.

 

If it is stayed, then MK will have to apply to have it lifted, which would be pointless until they have some paperwork to rely on!

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