MKDP claimform for old {EGG} Barclaycard 'debt' thats done the rounds

[thrubolt]

hi all, off my head, you received mkdp letter that is word for word the same as i received. looks like box standard to every one, they probably just looking for the odd one of us to cave in.

[Off My Head]

Hi All,

 

Quick update,

I emailed defence as instructed on Tuesday night only to receive an automated response saying

they will respond between 5 and 10 days, then it said

 

 

Note: we only deal with claims that have a prefix of X, Q, & J.

Mine was prefix A, huge panic!

 

 

decided as I still had time to print off a copy and send direct to court using special delivery.

I should add that although I was able to login to Moneyclaim I was unable to upload my defence due to the system not recognising

the Claim Number or password which was on the claim papers.

I am about to ring the court to make sure my defence has been received. Deadline 28th June.

 

As for them MKDP LLP expecting me to cave in.

... well, their in for a nasty surprise!

I have been logging and recording phone calls for months,

I have kept every piece of conflicting communications they have sent and I know they have got accounts mixed up.

 

 

.... Bring it on! (My new found confidence courtesy of CAG & it's members)

 

Regards

 

K (OMH)

[Off My Head]

Quick Update: Court acknowledged receipt of my defense on the 28th June, heard nothing since. Can anybody tell me how long before I am likely to hear from the court? Also what can I expect from them next?

 

Regards

 

OMH

[AndyOrch]

They have 28 days to respond and if not the claim is stayed...until such time either party make application to resurrect /resume the claim.

 

Andy

[Off My Head]

Thanks Andy, I am sure I will hear something soon. Am I right to assume that I can ask to court to strike out after a period of 28+ days if they have not responded?

[AndyOrch]

You could but it would be unwise...leave it stayed...a claim only becomes a judgment once it gets to trial and judged...at the moment its only a claim a threat you have defended so its their choice if they wish to proceed.

 

You must have legal argument as to why a claim should be struck out...not responding within 28 days is not a valid reason.

[Off My Head]

Thanks Andy, got it, I'll sit tight. I'll post again as and when I hear something.

 

Regards

 

OMH

[Off My Head]

Update:

I have received the N180 form which appears straight forward.

I have ticked mediation and asked for local County Court under small claims track.

I have also received a copy of MKDP LLP's completed N180.

No surprises with any of that, mine returned today.

 

I have also received a package from MKDP which has cleared some of the confusion over the two different amounts they are chasing.

It appears they are also chasing an old Egg Card Account which Barclaycard bought.

 

 

This is as yet not subject to legal action and the package is a load of old tosh.

Some reconstiituted copy of a credit agreement that is only a set of terms and conditions.

No date or signiture from me on any CCA,

followed by a load of copy statements from when Barclaycard purchased the debt,

showing 0 on available credit, a balance of a little over 6K then late charges and interest.

 

 

This was all based on my request for information and fee for CCA.

 

As far as I can tell this shows/proves nothing.

the bulk of the Debt appears to be made of of Interest being charge at £116 an month and £12 late payment fee.

There are no statements from before Barclaycard purchased Egg,

which would show the years of PPI I was paying and that I closed the account with no outstanding Balance in 2008.

 

 

At that time I also closed a Capital One account and I am currently persuing a substantial PPI claim with them.

 

Question:

Am I right in thinking MKDP LLP are clutching at straws with this claim.

No date or signature on an original CCA,

just a load of printed copy statements from when Barclaycard bought Egg

showing nothing but interest, late payment fee and balance and a load of copied T&C's.

I shall be reponding to their package of waste paper.

 

Any advice as always greatly received.

 

OMH - but getting better

[Off My Head]

Hello,

Quick update: Have received date (5th September) for mediation call, any advice on how to handle the call would be appreciated.

 

Regards

OMH

[BRIGADIER2JCS]

Hello,

Quick update: Have received date (5th September) for mediation call, any advice on how to handle the call would be appreciated.

 

Regards

OMH

 

 

Telephone mediation is relatively simple.

 

 

The mediator cannot give legal advice and is not a judge and there pressure.

 

 

The mediator will call to state that he she is ready to start and will do the same with the other party.

 

 

The particulars of the claim will be put to both parties questions /statements are passed between you and the claimant by the mediator so both parties have the opportunity to fully discuss the case and hopefully reach a mutual agreement.

 

 

If no agreement is reached the claimant can proceed with the claim.

 

 

IF your reach a mutually agreed solution a consent (Tomlin) order is made you will be sent a copy for you to sign as will the claimant, once this has been done the order is sent to the court to be sealed.

 

 

Once sealed the order is sealed and is binding on both parties, and unless breached no CCJ is made.

 

 

Have ALL your documentation to hand, make a list of bullet points you wish to put over.

 

 

Keep in mind what YOU wish to achieve from the mediation and listen carefully to what the mediator relays to you.

 

 

I hope this helpds

[Alloyz1]

Hi

 

Just to reiterate a point well made by Brigadier:

 

It is important you approach mediation with an open mind and a willingness to settle. It is a really great opportunity to find a workable solution.

 

It allows the parties involved to be in control and come to their own settlement as opposed to having one imposed by a Judge.

 

Use the opportunity wisely

 

A

[Off My Head]

Hi all,

 

I have today received a small A4 package from MKDP which contains a reconstituted CCA

which appears to be a copy of some terms and conditions with my name and address at the top of the first page.

 

 

There is also pages of copy statements but only back to December 2011 a

nd apart from two of the statements they show nothing but interest, late payment charges

and eventually several pages with over limit charges caused by interest and fees.

 

 

Does any of this stand up in court?

 

 

My signiture appears on nothing and no date.

 

 

What do they mean by reconstituted CCA?

 

 

I still do not have a full set of statements from opening the account so I am unable to see when I started/cancelled PPi payments.

 

 

Are all the charges applied to the account legal.

 

 

No mention of the 6 months that I paid £100 a month to Mercers back in 2012

whilst I was querying the account statements/status.

No copy of default notice or letter of assignment.

 

All I have in my defense is conflicting DCA letters from 4 different DCA's,

bank statements showing the £600 paid to Mercers whilst I was in dispute with Barclaycard to stop Barclaycard taking action.

 

 

I am still of the opinion that there has been a mistake with the account that must of occured late 2010/11

 

 

The amounts and credit limit shown make no sense to me but I am struggling to think how I can prove this

as they have not supplied any statements from 2002 - 2011 only 2011 to 2012 around the time I started to query the account with Barclaycard.

 

I suppose the question I am asking,

 

 

does any of this documentation constitute proof of an agreement between me and Barclaycard

and the amount they say I owe them?

 

 

Strange how it turns up a few days before the mediation call.

 

As always any help and advice would be very much appreciated.

 

OMH

[BRIGADIER2JCS]

Hi all,

 

I have today received a small A4 package from MKDP which contains a reconstituted CCA which appears to be a copy of some terms and conditions with my name and address at the top of the first page. There is also pages of copy statements but only back to December 2011 and apart from two of the statements they show nothing but interest, late payment charges and eventually several pages with over limit charges caused by interest and fees. Does any of this stand up in court? My signiture appears on nothing and no date. What do they mean by reconstituted CCA? I still do not have a full set of statements from opening the account so I am unable to see when I started/cancelled PPi payments. Are all the charges applied to the account legal. No mention of the 6 months that I paid £100 a month to Mercers back in 2012 whilst I was querying the account statements/status. No copy of default notice or letter of assignment.

 

All I have in my defense is conflicting DCA letters from 4 different DCA's, bank statements showing the £600 paid to Mercers whilst I was in dispute with Barclaycard to stop Barclaycard taking action. I am still of the opinion that there has been a mistake with the account that must of occured late 2010/11 The amounts and credit limit shown make no sense to me but I am struggling to think how I can prove this as they have not supplied any statements from 2002 - 2011 only 2011 to 2012 around the time I started to query the account with Barclaycard.

 

I suppose the question I am asking, does any of this documentation constitute proof of an agreement between me and Barclaycard and the amount they say I owe them? Strange how it turns up a few days before the mediation call.

 

As always any help and advice would be very much appreciated.

 

OMH

 

 

 

A reconstituted agreement Must have:

 

 

Your name and address at the inception of the agreement.

The creditors name and address at the inception.

The Ts & Cs at inception and closure of the account.

Any material amendments to the Ts & Cs

Any Documents mentioned in the agreement.

 

 

A current statement of the account.

 

 

No signatures are needed.

[dx100uk]

would it not be wise to contruct the charges reclaim spreadsheet

 

 

and the PPI reclaims spreadsheet

 

 

these might well become 'useful' during any impending mediation?

 

 

dx

[BRIGADIER2JCS]

would it not be wise to contruct the charges reclaim spreadsheet

 

 

and the PPI reclaims spreadsheet

 

 

these might well become 'useful' during any impending mediation?

 

 

 

dx

 

 

 

I think it would be a very good idea dx.

[dx100uk]

can we confirm this is now an EGG card [sold to BC]

and not your original BC card that you thought it was?

 

 

dx

[Off My Head]

Thank you all for your replys.

 

The statements received only go back to Dec 2011 and only show interest and charges. I am sure during the early 2000's I was pay PPI to most of my credit cards but I have no statements from Barclaycard which would have shown this. I have had a succesful small claim from Opus (Citi) and currently awaiting a response from Capitol One on a PPI Claim.

 

I now have two seperate disputes with MKDP one of which is an old Egg card that was paid off with a Ballance Transfer and should be easy enough to prove should they decide to go legal with that one.

 

Are you suggesting I produce a spreadsheet? How would this help? I am still none the wiser to PPI payments on the account. The only date on the T&Cs sent is a header dated 20/11/2011 and a time of 11.36 (possibly a fax header?) This date means nothing to me as the only Barclaycard I have ever owned was taken out in 2002. The T&C's are in a size 2 font and unreadable without a magnafying Glass.

 

I fail to see how what they have sent me proves the amounts they show are actually owed! Do these charges and fees hold water in court, does this paperwork mean they have me over a barrel? Next Friday I have my mediation call to look forward to and I could really do with a desent argument other than I don't believe their position.

 

Many thanks for any advice offered.

 

OMH

[AndyOrch]

I too fail to see how it could assist OMH...concentrate on the claim...your defence....and the impending mediation.The only document of any importance is the agreement...if its in question post a copy up less any identifiable data.

 

Regards

 

Andy

[Off My Head]

Hi Andy,

 

Will scan and post as PDF less ID Marks asap.

 

Many thanks

 

OMH

[Off My Head]

Hi Andy/All

 

Please see attached reconstituted CA and T&Cs. I have scanned as received, the only other documents were pages of copy statements showing nothing other than interest, late payment fees and over limit charges. I am about to total those now for my mediation call at 11:00.

 

Regards

 

OMH

[AndyOrch]

Seen that numerous times OMH I must admit Barclay's attempt at a reconstituted leaves a lot to be desired.

 

Here is some guidance with regards to recreated agreements :-

 

[ATTACH=CONFIG]53126[/ATTACH]

 

Regards

 

Andy

[Off My Head]

Hi Andy,

 

Thanks for the read, still a little unsure on where I stand with their reconstituted paperwork. Perhaps I can quote you when this goes to court "I must admit Barclay's attempt at a reconstituted leaves a lot to be desired" I have started a spreadsheet to cover what statements they have sent, showing Interest and charges. I have also been referred back to Barclaycard for PPI claim.

 

Update on the Mediation Call: Firstly I must say the woman handling the call was very professional. During the call I moved my position 3 times with MKDP they remained at their opening stance. They couldn't even get their maths right when talking percentages. After the third attempt by me to negotiate the position I pointed out they were not moving and that was my final offer. Mediation Failed! Next stop court.

 

Thanks for your support

 

OMH

[Off My Head]

Hi All,

 

Received court date today (Early December) court hearing moved to local court which is good for me. Time to start pulling this all together, any advise on what to include/exclude would be very welcome. A few do's and dont's for conducting myself in front of the D.J. would be a great help.

 

Thank You

 

OMH

[AndyOrch]

Responding to your PM OMH

 

Now refer to your Notice of Allocation and Directions.This will advise what and when you must file copies on the court and claimant of your Witness Statement and Standard Disclosure.Its vital you follow the dates and comply by said dates.

 

Have a look at other threads which are further into the process and see their WS and how disclosure is completed.

 

Post if you are unsure or if you want your WS checked.

 

Regards

 

Andy

[Off My Head]

Hi Andy,

 

I have been working my way through other threads and now managed to get myself very confused.

 

 

I have seen people talking about Standard Disclosure and form N265

none of which I appear to have been asked for in the documents received from the court. (attached below)

 

 

I have also seen list of legal president and cases. Do I need any of this?

 

My witness statement is begining to look like a copy of War & Peace.

 

 

I have been trying to relate the whole story in bite size peices for the Judge.

 

 

I have not at this stage quoted any laws or acts unlike my defence you kindly help with.

 

 

Am I try too hard or not hard enough?

 

 

Have I missed anything re: Std Disclosure?

 

Regards

 

OMH