Jump to content


CCJ Claim received from MKDP for Statute Barred Nationwide Bank Account


jgbird
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3363 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have received today a county court claim form from MKDP for an account which I am positive is now statute barred.

 

I never made a payment on this account and never made contact with the various companies over the years acknowledging the debt.

 

The entry on my credit file was removed at the beginning of the year so know its over 6 years.

 

The particulars of the claim state:

 

 

The claimant claims the sum of £703.57 being monies due from the defendants to Nationwide under a bank account facility assigned to the claimant on 10/10/2011.

 

Could someone advise what I need to do now.

 

Many thanks

Link to post
Share on other sites

Hi

Can you post up the text of the claim form with no identifying marks and the date of the claim.

 

If this has come from Northampton (MCOL) you can go online to defend the case.

 

As for what else to do, hold fire till someone who knows what to do comes along

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

In the meantime your defence should be

 

 

  1. The defendant denies that he is indebted to the claimant
  2. If there is any debt then it is statute barred under the Limitation Act 1980

 

Sign the form and send it off.

 

That's all you need to do - but be sure of your position before you do this.

Link to post
Share on other sites

Thanks. Will post up the text shortly, it's definitely dropped off my credit file due to being 6 over years since the default. Is there any way of finding out for sure that I made now contact within the last 6 years. Am sure, but as you state, I need to be sure before doing the above.

Link to post
Share on other sites

go phone nationwide and ask when was YOUR last use of the account was to be sure its SB'd.

 

 

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... 

Link to post
Share on other sites

I did try to claim bank charges back from them years ago and requested statements, but the government blocked further claims and so wasn't able to proceed.

Would that count as "use" of the account?

Link to post
Share on other sites

no

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... 

Link to post
Share on other sites

Hi

Can you post up the text of the claim form with no identifying marks and the date of the claim.

 

If this has come from Northampton (MCOL) you can go online to defend the case.

 

As for what else to do, hold fire till someone who knows what to do comes along

 

The issue date is 27-Nov-2013.

The Particulars of the claim are:

The Claimant claims the sum of £703.57 being monies due from the defendant to Nationwide under a bank account facility regulated by the consumer credit act 1974 and assigned to the claimant on 10/10/2011.

The Defendants account number was xxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant has failed to make payment as required by the statutory default notice served by Nationwide . The Claimant claims the sum of £703.57 and costs. The Claimant has complied, as far as is necessary, with pre-action conduct Practice Direction.

Link to post
Share on other sites

1, Check credit reference files asap.

As said Check with NW on Monday for date of last payment/transaction.

Verbal contact and request or CCA/SAR do not affect the LA Clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Have contacted Nationwide today,

but they can only see back the last year so nothing showing.

 

They said the debt was sold into Compello who own the debt (same phone number as MKDP).

 

There is nothing on my credit file for this debt, it disappeared from it earlier this year so must be over years years since the default.

 

could someone confirm what my next action should be regarding the court claim

and when I need to contact MKDP too.

Thanks for all your help.

Link to post
Share on other sites

Look at the date on your N1 Summons...you have 33 days in total subject to how you wish to respond (Defend all I imagine in this case) so 5 days deemed served leaves 28 days remaining...14 to acknowledge Service and state your plea and if defending a further 14 days to submit your defence.

 

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 OTHER

 

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

Link to post
Share on other sites

No harm in phoning Nationwide and asking for date of last payment and the default date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Have already phoned nationwide and they can only view back a year on the account and cannot see any payments.

The default date is definitely over 6 years as it's come off my credit file. Can't remember the exact date, but is over 6 years

Link to post
Share on other sites

Have already phoned nationwide and they can only view back a year on the account and cannot see any payments.

The default date is definitely over 6 years as it's come off my credit file. Can't remember the exact date, but is over 6 years

 

Is this just a NW branch you have contacted? If so the head office is the place to ask.

 

OK defaulted more than 6 years ago so removed from CRA files paid or not, last payment could have been some months prior to the default date so reasonable to assume statute barred.

 

The following letter can be used in this case (follow andyorchs instructions on the claim for etc.,) The letter affects nothing in terms of the Limitations Act 1980 and has 'seen off' some DCAs in similar cases.

 

Private & Confidential.

 

The Compliance Manager

MKDP LLP

 

Date:

 

Ref: use theirs:

 

Sir / Madam,

 

I refer to MKDP s correspondence and CC Claim in reference to an alleged debt arising from an account with Nationwide, please note I do not acknowledge any debt to MKDP or any company it may claim to represent.

 

Have reviewed my credit history I have concluded that this alleged debt is statute barred, therefore I will Not make any payment in regard to the alleged debt.

 

MKDP is reminded that should it dispute the status of the alleged the onus of providing unequivocal proof that the alleged debt is not so barred falls entirely upon MKDP, please note allegations of '0ne Off' unsubstantiated payments to the alleged debt at anytime will not be accepted.

 

I suggest that MKDP now withdraws from this matter and closes it's file on the account.

 

It is of course your choice to send this or not all I can say is that it has achieved its aim on several occasions.

 

As said follow andys instructions on answering the claim.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thanks BRIGADIER2JCS, have sent that letter off last week and have not had a response yet so just going to what BankFodder suggest and deny the claim stating:

The defendant denies that he is indebted to the claimant

If there is any debt then it is statute barred under the limitation acticon 1980

Link to post
Share on other sites

You submit your defence on the due date.

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 OTHER

 

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

Link to post
Share on other sites

Claim issued 27th Nov +5 served +14 to Acknowledge service + 14 to submit a defence.......33 days

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 OTHER

 

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

Link to post
Share on other sites

Not really ...by denied I assume you have acknowledged service? Stated you intend to defend all?

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 OTHER

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...