CLAIM ISSUED - MKPD LLP Welcome Finance - please help!

[rowyourboat1]

Hi there

Very new here and hoping someone can give me some advice on a claim I've received for a Welcome Finance debt.

 

Particulars

The claimant claims the sum of xxxxx being monies due from the defendant Welcome Finance Ltd under a loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on xxxxxx. Notice of assignment has been provided to the Defendant. The Defendants loan account number was xxxxx.

The defendant has failed to make payments in accordance with the terms of the loan agreement. A default notice has been served pursuant to the Consumer Credit Act 1974 by Welcome Finance Ltd.

The claimant has complied, as far as is necessary with the Pre-Action Conduct Practice Direction.

 

Background

I took the loan out in 2007, I think I probably stopped paying a year after that. I had lost my job at the time.

 

I have no record or documents relating to this loan now, although I am pretty sure I agreed to PPI and there have been charges added to account. Loan amount was 2k, claim is for over 3k.

 

Having looked at other threads, looks like I need to send a CPR 31.14 - do I send this to MKPD or Welcome? Any other requests that I need to make?

 

I have another week to reply to the claim and I want to defend if I have grounds.

 

Any help much appreciated!

[Riz0]

On the face of it, it looks like you may have grounds to defend.

 

Given that it is going to be on the small claims track, you very little to lose in defending this anyway.

 

1. You say that you have one week to "reply"? When did you receive it? i.e. when was it "served"?

 

2. Have you filed an acknowledgement of service? If not, please do that immediately.

 

3. You have 28 days from the date of service to file and serve a defence.

 

4. Send off the CPR 31.14 request as you say, as soon as possible. From the particulars, it appears you are entitled to ask for

a) Loan agreement

b) Notice of assignment

c) Default notice

 

5. The particulars say they have complied with the PDPAC.

a. Did they send you a letter before claim?

b. Did the letter include the documents and information upon which they intended to rely?

c. Did it clearly state that it was a letter before claim?

d. Did it give you reasonable time to respond?

e. Did it refer to the PDPAC and about your liability for costs possibly increasing?

 

6. If you have filed your acknowledgement already and you only have one week left - you need to consider applying for an extension. The first step is to contact the claimant and see if they will agree to an extension of up to 28 days pursuant to CPR 15.5. If they refuse, tell them that you will make an application anyway and will seek the costs of doing so due to their unreasonable conduct.

 

You have asked who to send the CPR 31.14 request to. Send it to the named claimant, I imagine that is MKPD LLP at their "address for service" as set out in the particulars/claim form.

 

Hope this helps and hopefully someone will correct me if I have inadvertently erred anywhere in this post.

 

Good luck!

R

[rowyourboat1]

Hi Riz0, thanks so much for replying. Really appreciate your help!

 

The date on the claim form is 30th Sept, and I have acknowledged the claim and my intention to defend online so that is taken care of.

 

I don't recall any letter before action being sent, shall I ask for a copy of this with the CPR 31.14? I will be sending this recorded delivery tomorrow.

 

Thanks again

[Riz0]

No, don't ask for it. CPR 31 isn't the correct procedure for that anyway.

 

Just point it out in your defence. Don't go on about it, but explain that a) you deny that particular paragraph; b) that the Claimant hasn't complied with Paragraph X/Y/Z of the PDPAC; c) Had they done so, litigation could have been avoided; d) This is unreasonable conduct on the Claimant's part and should be taken into account on the question of costs. Refer to CPR 27.14(g) on this point.

 

Do not mention non-compliance in your request either. Just ask for the information. If they provide it, that is fine - prepare the defence and cite non-compliance there.

 

They haven't really particularised their claim very well either.

 

To add to my post above you also need to ask for the terms to the loan agreement as well. Just in case they try to play sneaky and suggest you didn't ask for them.

[rowyourboat1]

Just to update - court agreed with my defense and the claim was stayed

Thanks for your help!

[AndyOrch]

If the claim is stayed ...your defence has yet to be seen by the court or Judge.

 

Andy