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    • Well done on your victory!  👏   You must have a magic touch, it's extremely rare that the PPCs accept an appeal.
    • Court hearing today. WON on all counts of claim. The win though is not the interesting bit, but the ‘why’ is really useful. We were allocated 90 minutes but it took two hours by telephone . The defense were represented but I failed to note whether by a solicitor, barrister or other advocate.   As soon as the judge finished the introductions and before he had time to pass the time over to me to explain my case, the defense interrupted and asked the claim be struck out. He then spent the next 40 minutes discussing with the judge that I had failed to properly serve my bundle upon which I intended to rely. The judge asked me to explain and I said I had served the bundle to them and the court 3 days before the deadline, by signed for post with a tracking number to the address named in the summons being the Royal Mail Head Office in London. I said it was a bit rich that they were making this request when they had failed to serve me and the court with their bundle within the deadline and that I had only just received it. They quoted a certain principle of law (which I failed to write down) which explained that service of documents must be made to the address which either party may request service to be made. They claimed that six months earlier when they lodged their defense to my summons, the covering letter had been sent from their Sheffield office and it constituted the address for future service of documents. I of course had no idea of such a requirement and said that a simple letter heading on a piece of correspondence was not the same as a formal sentence in a letter requesting such future service. It gave the judge some concern but he decided to park the issue and allow the hearing to continue.   I was able to explain my case for the £50 compensation for the lost parcel using the evidence from the defense bundle referencing the Overseas Post Scheme. It was all straight forward. I explained the facts and let them speak for themselves. I then moved on to the delayed Special Delivery items. This is where the fun began because I had to argue against their terms and conditions. I used the defense bundle referencing the UK Post Scheme. I quoted from various clauses which explained the rules relating to claims. That ALL delay claims must be made within 3 months, then that Special Delivery was actually 14 days so not 3 months after all, then another clause which confirmed the deadline was 3 months for all delay claims. I quoted further that these were “common terms” and that some services (Special Delivery was one) had additional terms which were called “specific terms”. Another clause stated that where a conflict arises between common and specific terms, then specific terms took priority. So I turned to the Special Delivery section to quote the specific terms as these would have priority. There was only one term that referenced claims. It simply said If we do not succeed in attempting to deliver by this time (being the next day) we will refund your postage. I used this single phrase to take priority over the 3 months  or 14 day deadline mentioned in the common terms. I discussed how the various clauses conflicted with themselves as if the clauses themselves did not know what the deadlines were and how ambiguous and confusing it was.   The time was then past to the defense and he started to argue there was no contract nor liability in tort (a substantial portion of their written defense document and bundle discussed this argument). It made me smile because I was ready for that. The judge though was ahead of the game and (especially because 40 minutes had been wasted at the beginning) he did not want to hear of it. After about one minute, he stopped the defense by saying exactly what I was preparing to say. Simply that I was not suing under contract or tort but under the conditions of the various postal schemes for which they were liable. He asked the defense to answer my claims. The defense then prevaricated trying to argue the clause that distinctly mentioned the 14 day time limit within which to make a claim for delay (which of course it did) ( as an aside, most people might accept that deadline and not bother to pursue a claim). He had nothing to add about the lost parcel.   Time had run out, we had no questioning and the judge said he was summing up. He was quite happy I had served my documents sufficiently well and took the view that the defense had fallen foul of the court order so he was cancelling out the question about valid service. He had no difficulty in accepting the claim that the lost parcel was valid and awarded me the £50 compensation. He then spoke at longer length about the delay claims and the conflict in the clauses. (at this point I had no idea which way this bit would go). Then, he spoke of how a business such as Royal Mail should not be accepting clauses in their contracts which were clearly inconsistant. (that’s when I started to relax), (and then the best takeaway of the hearing), He said that common law provides in the event of a standard contract if there is any ambiguity, the interpretation should be judged against the person drafting the contract. He called it Contra Proferendem. (I had no idea of that concept but had effectively explained it anyway). I was awarded the whole claim plus costs. The defense asked for permission to appeal which was refused.    Remember the phrase “Contra Proferendem” . I shall be looking more into it. I am sure it will come in handy against any institution that have drafted contracts that cannot be individually negotiated. And will certainly be useful for a long while yet against Royal Mail et al.
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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Hi everyone just need some advise please.

Very long story but basically after being out of work and eventually finding work at much lower wage i am unable to pay all bills.

 

I had morgan stanley card which Bcard took over then sold to MKDP.

 

MKDP have issued claim on 1st feb

 

it says the claimant claims the sum of £ 7XXX being monies due from the defendant to the claimant under a regulated agreement between the defendant and Bcard

 

The defendants account number was xxx xxx xxxx xxx and was assigned to the claimant on

( ? no date) notice of this has been provided to the defendant.

The defendant has failed to make payments 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 £ 7xxx and costs.

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

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Hi dazzled and welcome to CAG.

 

If you type MKDP into the search box (above advance search) it will reveal other threads involving this claimant and what other posters have done to try to deal with their claims.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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thanks i have acknowledged claim online and have sent cca section 78 request along with the following cpr 31.14 request

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following.

 

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The assignment along with proof of serving as defined under the law of property act 1925.

 

3. The default notice along with proof of serving as defined under the law of property act 1925.

 

4. The termination notice along with proof of serving as defined under the law of property act 1925.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defense.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defense, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

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With regards to what dazzled?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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get gather as much info as possible

 

BC sold this debt for a reason

it could be its mostly PENALTY charges

 

it could be it has PPI

 

it could be they have no valid CCA

 

or a mixture of all three

 

but as its +£7k, there is something very wrong somewhere

 

is it on your CRA file?

have you got all the statement?

 

etc etc

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi everyone,

Sorry i havn't been on here for a long time but have been having a lot of hassle and personal problems.

Did do a sar with original creditor and received statements along with an illegable agreement.

 

Did not have any insurance on this but had some minor charges which have obviously been included within default sent by mercers.

MKDP have replied to cpr 31.14 just sending copy of assignment notice but missing default notices and agreement just saying they have asked for agreement but not saying when they would send it to me.

 

My defence is due very shortly as my notice was dated 1st feb and acknoledged on the 9th Feb i assume the latest date will be by 4th March.

Not to sure as the way forward now should i apply for a N244 order and do i just put in defence that they have not complied with CPR 31.14 request

and clearly they have abused the courts process as they have submitted a claim without any proof ?

 

would be gratefull of any comments off anyone

 

Thanks

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If you want others opinion then yes.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thank you please could some one comment

thanks

Dazzled

In the Northampton (CCBC) county court

Claim number xxxxxxx

Between

MKDP LLP

and

DAZZLED – Defendant

DEFENCE

1 I Dazzled am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP.

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made

in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

3. The Claimant’s 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 which The Defendant

needs to establish what agreement it is that this action is based upon and so The Claimant's claim

appears to be totally without merit.

5. On receipt of the claim form The Defendant sent a CPR 31.14 request on xxx. This was resent again on xxx asking for a copy of the agreement, default notice and assignment which form the basis of this claim.

6. At the same time on xxx and 1xxx The Defendant also sent a formal request pursuant to Section 78 of the Consumer Credit Act 1974 for a copy of the agreement along with statement of any account.

7. On xxx I received a message on my phone voicemail to call MKDP Legal dept. I returned the call

and spoke with their legal dept during the call I asked when I might receive all of the information requested. To which the response was that they did not have an agreement and would try to obtain it from Barclaycard. To date no further response has been received from The Claimant.

8. 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. Consequently, I deny all allegations on the particulars of claim and put The Claimant to strict proof thereof.

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

11. 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 from MKDP and I am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of any such agreement.

12. 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.

13. It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on a date which was given as Blank. As such it is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name.

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.

i. 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

and requests that original legible non redacted documents be available at any subsequent trial.

ii. 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

Dazzled

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Looks CPR compliant but without knowing much about the debt its difficult to comment.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi

Thanks for reply this was from a very long time ago and was a morgan stanley account which was just transferred to Barclaycard.

At the time i did not know i could have cancelled the account and just paid it off but was rate hiked and the interest just spiralled and i never seamed to be able to pay it off. I was made redundant several times and had to take jobs with lower wages which just made things worse.

I am sure there are a lot of other people much worse off than me though.

thanks for your time i know how busy you are.

 

D

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  • 2 weeks later...

Why is it that when these idiots pertain to have purchased so called debts, do they always say "We will make efforts to get it from the original creditor"??? Now if I were to buy a business as a going concern I would be buying every piece of paperwork belonging to it so I would know exactly where the business stands - can you see my point?

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seeing as it has been stated like thru Northampton CCBC they buy batches of debt for millions therefore the batch they are buying must be 100,000s as a job lot i..e. name/address/amount/type of credit? as they seem to issue N1 and have difficulty in getting the relevant paperwork, as they state we hold the documents but when challenged we have to contact originator/

:mad2::-x:jaw::sad:
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