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mkdp llp- Barclaycard urgent help required

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Hi all i am new to all these problems and forums so i apologise in advance if i am not making sense or i am posting in the wrong area.

 

my problem is that my dad is away for a month and i have been checking his mail. i came across a county court claim form against my dad for a sum of £1560 owed to barclaycard. i understand that my dad is required to respond to this within 14 days however what happens if he is not in the country??

 

the reason he has got himself in this pickel is because he tends to ignore anything he doesnt know how to deal with instead of asking for help. if i dont intervene he will continue to ignore this and i am scared of what the consequences will be. this is all scary to me.

 

i can pay this amount for him, if that is the best course of action or do i have other options such as negiotating with mkdp????

 

i have briefly spoken to my dad and he has explained that he had missed one payment and the charges and fee added where extortiante, therefore he refused to pay. Instead of contacting Barclaycard im sure he probably just ignored calls, letters etc.

 

i am really confused as to how to deal with this, i know if i leave it up to him he will continue to ignore this problem.

 

can i contact mkdp and negotiate with them or is it too late for that?

 

what would be the best course of action regarding the claim, since my dad tends to ignore all lettes i cant say if he has recieved any notices etc. i feel that defending part of the claim will be weak on my part hoever i dont want to just hand over more monies then i have to.

 

hope someone can offer advise on this .

 

Regards

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Hi If you search MKDP on here, you will find many threads where they have issued claims and how to go about dealing with them.

 

Can you give some more details, like the age of the debt, what they have claimed on the POC and the date of issue, and then people can advise. However it is ultimately your choice on how to proceed.

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the debt is from June 2011 and the claim...

 

The claiment claims the sum of £1560 being monies due from the defendent to the claiment under a regulated agreement between the defendent and Barclaycard xxxxxxxxxxxx and assigned to the claiment on the 15-06-2011, notice of which has been provided to the defendent. the defenedent has failed to make payment in accordance with the terms of the agreement and a defaut notice has been served persuant to the consumer credit act 1974. The claiment claims £1530 plus costs. The claiment has complied as far as is necessary, with pre-action conduct practice direction.

 

This has been issued on the 27th nov

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Thread moved to Legal forum in view of the receipt of court claim.


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Hi again, Are you sure the debt is only from 2011? That is incredibly quick to get a claim issued, BC usually pass it to Mercers who then threaten for months, issue a non-compliant default notice and possibly a NOA and MK eventually take over.

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yep i definatly says 2011! i know my dad was having financial issues with his business last year so maybe this is where it all stemd from.

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The POC states that it was assigned to MK in June but they don't state the date of the regulated agreement with BC, so it's likely that the debt is much older.

 

Is it for a credit card or a loan?

 

Does the reference number they quote tie up with your Dad's details?

 

Does he have any paperwork ?

 

You always have the option to contact them to negotiate a settlement but start low because MK will have paid very little for this debt and will be out to get as much as possible, they are known to issue these claims like confetti, without having any compliant paperwork and when a defence is submitted they disappear, and move on to the next unsuspecting person!

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It's for a credit card.

 

I haven't checked the reference yet, I'm going over tomorrow so will try and dig out some paperwork to confirm.

 

He probably doesn't have any paper work because he has a tendency to ignore scary stuff like this.

 

My initial thought was to file a defence however the poc states that efforts to resolve were made. Now I'm thinking I don't have a defence and at the same time no evidence available.

 

I'm thinking I might call them to see if I can negotiate with them.

 

Thanks

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'Efforts' will refer to a few threatening letters and nothing more!

 

When I asked them for copies of paperwork they sent me 'copies' of letters that I'd never seen before.

 

Don't assume that everything they write is true, because it is NOT.

 

Have you done the acknowledgement of service (AOS)?

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If you file an AOS that will get you an extra 14 days to file a defence.

 

I think you need to contact your dad before filing a defence, he really needs to try and sort it out.


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