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Hi,

 

I am new to the forum and have found it useful so many thanks.

 

I have a credit card debt that I have not been able to service for around 2 years due to the financial crisis. I am just starting to get back on my feet.

 

Barclaycard have in the past served me with a default notice etc but have never informed me that the debt has been purchased, transfered or otherwise to MKDP.

 

Last week I had a court summons arrive (just as I was about to go on a much low cost get away holiday for a few days).

 

I have submitted my acknowledgment of service via the web and I am now starting to prepare my defence etc.

 

I am drafting my CPR31.14 to MKDP, along with a CCA and this will go to them on Monday by recorded delivery.

 

Below is the draft of my defence I intend to send to support myself to the courts in Northampton.

 

I would be grateful for any opinions etc that anyone could share and / or give me please.

 

Tanks in advance.

 

"The claimant claims the sum of £3680.78

being monies due from the Defendant to the claimant under a regulated agreement

originally between the Defendant and Barclaycard.

 

The defendant's account number was xxxxxxxxxxxxxxx and was assigned to the claimant on 13/06/2013,

 

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 £3680.78 and costs.

 

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

----

Defence:

 

In the Northampton (CCBC) County Court

Claim number xxxxxxxxxxxx

Between

 

MKDP = Claimant

and

Mr X = Defendant

 

DEFENCE

1. I, Mr X of XXXXXXXX am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants 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 nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. 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.

 

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

 

7. 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 and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. 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.

 

9. If the Claimant is the Assignee and there has been an Assignment, the Claimant fails to plead as such and it is contended that no such Notice of Assignment pursuant to the LoP Act 1925 as ever been received. Without a Notice of Assignment, the Assignment is merely equitable and the Claimant is put to strict proof to disclose this and proof 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 dismissedon the grounds that any claim cannot succeed.

 

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.

 

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

 

 

 

 

Mr X

Defendant

Edited by ims21
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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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Name of the Claimant ? MKDP LLP

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 01 May 14

 

 

 

What is the claim for – the reason they have issued the claim?

The Claimant claims the sum of 3680.78 being monies due from the Defendant to the Claimant under a regulated agreement originally between the defendant and Barclaycard.

The defendants account number was xxxxxxxxxxxxxxxx and was assigned to the claimant on xxxxxxxxxxxxxxxxx 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 £3680.78 and costs .

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

 

What is the value of the claim? £3680.78

 

Has the claimant included section 69 within the total claim or is it shown separate within the Particulars but not added to the debt? NO

 

Is the claim for a current or credit/loan account or mobile phone account NO

 

When did you enter into the original agreement before or after 2007? Before 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It is the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

Did you receive a Default Notice from the original creditor? Yes, I think so.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not to my knowledge.

 

Why did you cease payments:- My wife and I ran a small business that was hit by the recession. I had to leave and find a job but we still made payments. When it became a case of paying HMRC or losing the business this is what she had to do, quite rightly. Sadly, they still liquidated the company.

I now have a job but on only 40% of the salary I was earning and my wife has a new company but using funds from profits to pay the bank back as they had a personal guarantee.

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? I wrote to them but did not have a reply.

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Hi allenby14

 

Dont submit the above intended defence...its archaic and not suitable...take a look around at some of the newer defence,s I have drafted through out the Financial Legal forum.

 

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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Most of the threads if you go back a page...or type MKDP into the search box above top right (under the CAG logo)..that will give you all the threads...you are bound to find a newer version.

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

Many thanks. I have looked and found something. I have pasted below what I intend to send to the court on Thursday 19th May by recorded delivery as I believe I have to have my defence filed with them by June 2nd bases on the court papers being issued on May 1st, am I correct.

 

Should I hear from MKDP LLP I will of course amend the defence before then. I looked to do this on line but they do not give you enough character spaces!

 

The particulars of claim read as follows:

 

1. The Claimant claims the sum of £3680.78 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclays Bank Plc.

 

2. The Defendant's account number was XXXXXXXXXXXXXXXX and was assigned to the Claimant on 13/06/13, notice of this has been provided to the Defendant.

 

3. 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.

 

4. The Claimant claims the sum of £3680.78 and costs.

 

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

Defence:

 

Paragraph 1 is noted I have in the past had financial dealings with Barclays Bank but deny any monies being due as alleged by the claimant MKDP LLP.

 

Paragraph 2 is denied I am unaware of any legal assignment between Barclaycard and MKDP LLP and the claimant is put to strict proof thereof.

 

Paragraph 3 denied the claimant has not provided a default notice as alleged has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of 2013 and remains in default of my section 78 request dated 19/05/2014.

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

The Claimant is also put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

(d) show that they have served a Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 19/05/2014. This was sent via recorded delivery and signed for on the 22/05/2014. The Claimant has yet to comply.

 

Furthermore, on the 19/05/2014 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the 22/05/2014. The Claimant has not responded stating as of today the 27th May 2014.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited by Andyorch
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You only submit the defence not the particulars...there should be ample characters to accept the above.

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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Count 33 days from the date on the claim form...that is your defence date...you can submit anytime before..but not after.

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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  • 1 month later...

Hi,

 

I have not posted in a while as I had not heard anything until yesterday when the County Court Business Center sent me a Notice of Proposed Allocation to the Small Claims Track letter. It states this is now a defended claim. I need to complete the Small Claims Directions Questionnaire and file it with the court and serve copies on MKDP LLP by July 21st.

 

I have had a letter from Keynes Collections stating: " We write in reference to your previous requested documents. Please find enclosed a copy of your reconstituted Credit Agreement.

Signed: Legal Dept MKDP LLP.

 

Inside I have a photocopy of a letter from Barclay card dated 27th June 2014 (that I have not received at home oddly enough?). This states Section 78 and says my current credit limit is £0.00. My current balance is £3864.78 and Due to the current status of your account, the full outstanding balance is now due. This completes our obligations under section 78 of the act. Signed Stuart Newton.

 

I do not have any copy of a notice informing me historically or otherwise that the debt has been sold to MKDP LLP, the copy of the agreement has missing pages and is made up of the first one made with Morgan Stanly but with no date or signature and a copy of Barclay card terms and conditions with my details typed into it but again with no date and with one page having a IT reference (looks like a fax copy or something) with the date of 20/10/2011.

 

Not sure what I need to do now but want to do something of course. The court papers mention the small claims mediation service for those not wanting to go to court, would this be a good thing to proceed with?

 

I feel able and happy to make a start on repaying the loan as I want to start to sleep at night etc.

 

Thanks in advance for your help.

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It may be advisable to scan and post exactly what you have received allenby.Yes to mediation on the DQ the rest is self explanatory.

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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  • 2 months later...

Hi,

 

I now have a telephone mediation appointment booked for next Monday afternoon. To date, MKDP have not passed to me any proof of us having had an arrangement to pay or LBA, all I have had is a copy of my original agreement with Morgan Stanley, who was of course purchased by Barclays.

 

Is there anything I would benefit from know and / or saying on Monday please?

 

many thanks.

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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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Many thanks for this. I will read through and prepare myself.

 

I have not had any notice of assignment to MKDP but Barclaycard have said the amount is now due to them. With this in mind, and with the fact that the claim against me is for failing to keep an agreement with MKDP and defaulted on payments and that this is untrue, is it unreasonable, as they have not provided strict proof to ask, as part of the negotiation, for the court claim to be dismissed and for MKDP to negotiate in a fair and proper way once they have proven to me that the debt has been transferred to them?

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See what /how they are prepared to respond and offer...play your cards close to your chest.

 

Andy

We could do with some help from you.

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Thanks Andy, that is appreciated and sound advice, it is how I tend to negotiate o be honest. It just riles me that they have me in this position under what is, in honesty, false pretense and is a false accusation.

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I have asked our mediation expert to pop in on you allenby..so just hold fire and he will give you further pointers.

 

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

 

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

 

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Hi Allenby- Hope you are well.

Andy has provided a useful link to give you a flavour of the telephone mediation process, have a good read so you can get yourself ready for a fairly brisk pace of negotiation.

 

Okay, I can see you defended that you have not received a DN, NoA, Sums of Arrears and any proof the money is owed to MKDP.

 

First- On the information you currently have before the mediation, set an acceptable settlement figure, over a suitable payment period and a suitable payment default remedy period. Keep that with you.

 

The mediator will ask you why you contest the claim. It would be appropriate to state ‘at the moment the claimant has simply claimed I owe them money and has provided no information or evidence to substantiate the claim’ which is basically your defence. The mediator will probably not be legally experienced and this statement will simplify the matter from your point of view.

 

I would not expand on that at all, let the claimant respond to it.

 

I am sure they will respond with ‘you had the money’ ‘we can prove you spent it’ ‘we are waiting for the agreement from the OC’ etc. I would force their hand very early in the mediation as to their breach of the regs in respect of the lack of the above and bringing a claim without the above. This will give you an early indication of the strength of their case.

 

The more they argue their case, the more they try to convince you of the strength of their position, the more they will reveal about what they intend to do and what they already have. This will at least prime you for a WS if the matter proceeded past mediation.

 

Once you have both presented you positions through the mediator you will have a better understanding of the claimant, issues they may not have revealed previously and their appetite for negotiation.

 

You also need to consider your approach, you risk/ reward ratios of taking the matter to court as opposed to settling on the information you now have.

 

At this point you will need to review the information and decide how your stance has changed if at all, then how this changes your initial target for settlement i.e. what is the maximum you are prepared to go to and on what payment terms you will agree to and what agreement terms you will accept. For example you may decide your case is terminally flawed and agree the full amount, over 60 months at £61.35 with a 14 day payment default remedy. You may decide you have good grounds with elements of weakness and decide a 50% reduction over 36 months with a 28 day payment default remedy is more appropriate.

 

The negotiation is down to your personal risk/ reward ratio appetite and has to be right for you. But do not let yourself get blinded by the fight and consider the virtues of closure, settlement and an affordable, workable solution on your terms with no negative impact on your credit rating against the strength of their and your case.

 

A

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