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

[Off My Head]

Hi,

 

Not sure where to start so I will start with the obvious.

 

I am defending myself against MKDP LLP for a Barclaycard debt they say is mine.

 

This all started two years ago when I started receiving Barclaycard letters saying I had missed payments,

 

I rang them and was told the same even when I was able to demonstrate

that I had been paying my account (mins only)

 

eventually I recieved letters and phone calls from Robinson Way

who seemed to want to help and suggested I paid them £100 a month

until they could resolve the matter for me.

 

6 months later and I was no further on, except I was now receiving threatening letters from Raven.

 

I stop the direct debit to RW and found this fantastic forum and your great template letters.

 

What followed was requests for CCA and SAR with the appropriate fees

asking not to be used against alleged debt ect.

 

The following agencies having ALL continued chasing this debt with differing amounts on most occasions.

(Apex, Robinson Way, RMA and MKDP LLP)

the amounts differ from £6,805.32 to 8,847.14.

 

MKDP LLP court documents claiming £9,257.14 (C/Fee £410)

 

Needless to say my CCA requests and SAR requests went unanswered

except for one communiction with Apex which acknowledged receipt of my communication

and stated "Please advise the customer that copies of applications are only available for legal reasons,

we now require confirmation of this"

 

here I am with Papers served

returned acknowledgment of service with the 28th June as deadline for defence.

 

I have used a template letter from here informing MKDP LLP that I intend defending the whole claim

and requesting CPR 31.14.

 

This was sent special delivery on the 29th May.

To date I have not even received an acknowledgement yet alone anything under my request.

 

My question is this:

 

How do I draft a credable defence using the fine examples on this forum

without looking like a complete numpty quoting legal terms out of context

and manage to cheese off the District Judge before I have my day in court (assuming it goes that far)

 

For information MKDP Claims:

The claimant claims the sum of £8,847.14

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

originally between the Defendant and Barclaycard.

 

The Defendant's account was XXXXXXXXXX and was assigned to the claimant on 22/6/2012.

 

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 persuant to the Consumer Credit Act 1974.

 

The Claimant claims the sum of £8,847.14 and costs.

The Claimant has compiled as is necessary,

with the pre-action conduct practice direction.

 

I am still recieving letters from Apex and letters from MKDP LLP "to avoid court action, blah, blah"

 

Sorry for the lenghty post

 

K

[silverfox1961]

Hi and welcome to CAG. Sorry you were missed.

 

Although you have laid out some of the issues, can you look HERE and answer the questions on this thread so that the ones with the required knowledge can assist

[Off My Head]

Thank you for the reply.

 

I believe I have covered much of the issue on the thread,

please let me know if any of the above is not clear.

 

I have received a letter from Barclaycard stating that they have transfered the Debt to MKDP LLP,

a few days later Apex letter dropped through the door still requiring payment.

 

Within a month of aquiring this debt MKDP LLP issued the claim in the Northampton County Court

"County Court Business Centre" issued on 23rd May.

 

I have issued CCA request to Barclaycard back in 2012 with no response,

I have also issued a SAR request to Barclaycard with no response.

 

The only acknowledgement I have recieved was when I raised this with Apex in writing

and they contacted Barclaycard "their client" who responed with

"Please advise the customer that copies of applications are only available for legal reasons,

we now require confirmation of this"

 

I have kept all of the letters from the agencies that have been involved,

they all claim two differing amounts for the same account

all their letters cross each other at differing times.

 

Something has gone seriously wrong here.

 

My account has been mismanaged to the point that I have no idea if this is my account or not.

The account number is mine but I do not recognise the balances (two different, same account).

 

My requests for confirmation of these accounts and how the balances have been derived

have never been addressed.

 

Now MKDP LLP start proceedings against me like a bully in a play ground "pay up or else!"

If I was fully to blame for all of this I might have entered into some payment scheme,

 

Barclaycard has got somthing wrong and I'm just expected to pay for it.

I have no legal experiance but I wil do my best to fight these businesses

that are praying on peoples fear of debt and the law!

 

Sorry for the rant.

 

Please let me know if there is anything specific you hero's require to help me draft a defence

worthy enough to stand up in court...

 

. Deadline for defense is 28th June which I am being told I can email to CCBC Defendant sxxxxxxxxx.

 

I plan to get this in by the 27th.

 

Once again I thank you all that offer sound advice on this forum..... Just hope I can stand up to the pressure!

 

K

[AndyOrch]

If you could just complete the link provided above by Silverfox it makes it easier for us to glance at the problems and basis of a defence.

 

Regards

 

Andy

[Off My Head]

Ok, Looked at questions on link, i'll answer all the questions in bold.

 

Name of Claiment: MKDP LLP

 

Claim Date: 23 May 2014

 

What is the claim for: The claiment claims the sum of £8,847.14 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The Defendant's account was XXXXXXXXXX and was assigned to the claimant on 22/6/2012. 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 persuant to the Consumer Credit Act 1974. The Claimant claims the sum of £8,847.14 and costs. The Claimant has compiled as is necessarry, with the pre-action conduct practice direction.

 

What is the value of the claim: £9257

 

Has the claimant included section 69 interest: No

 

Is the claim for: Credit Card

 

When did you enter into agreement: Before 2007

 

Who has issued the claim: Debt purchaser

 

Were you aware the account had been assigned: Yes, 14 days before claim

 

Have you been receiving statutory notices: No, with exception to the first one from Barclaycard in 2012

 

Why did you cease payments: Kept receiving demands for differing amounts, not convinced they were my account

 

Was there a dispute with the original creditor that remains unresolved: Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: No, although entered into a min £100 a month payment with Robinson Way whom promised to resolve my issues with B/Card. The payment was to insure no action or threats, after paying for six months with nothing but threats I cancelled the direct debit.

 

What I need to do: Requested CCA from Barclaycard in 2012 also SAR request, nothing returned. Also requested CPR 31.14 from MKDP LLP. Sent SD on 29th May. Response to claim made online marked "I intend to defend all of this claim"

 

I hope all of the above is clear and what you are looking for, I am begining to lose all sense of rational thought. Trying to do the right thing, but wondering if i have bitten off my than I can chew. Time to man up and get angry again!

 

Thank you for your patience, all the replies are appreciated.

 

K

[AndyOrch]

Thank you OMH

 

Now take another look at the defences offered on other threads..in partic MKDP threads and try to find a particulars of claim similar to yours.Then take that defence and have a go at drafting something similar but suitable to your particulars.

 

Post here once you are happy and I will check it before submission.

 

Regards

 

Andy

[Off My Head]

Thank You Andy,

 

Very busy at work today, but working from home tomorrow so will take an hour or two out to work on this and post tomorrow afternoon.

 

Many thanks for your valued assistance.

 

OMH

[Off My Head]

Hi Andy/guys

 

Recieved this below from MKDP, does this alter my defense statement in any way or is it, as I suspect, smoke and mirrors?

 

 

We write with reference to your recentrequest to inspect the documents referred to

 

in our statement of case under CPR 31.'14.

 

Unfortunately at this time we are unable to fulfil your request and as such we will

 

Need to liaise with the original lender to request the appropriate documents. We will

 

Forward these to you upon receipt but this may take up to 8 weeks.

 

However, we draw your attention to thef act that this claim is for a balance less than

 

£10,000.00 and the normal track will bethe small claims track which is governed by

 

the Rules and Practice Directions of CPR27. This means that Part 31 of the Rules is

 

not applicable to your claim pursuant toCPR 27.2(1)(b) and CPR 31.1(2). It is not our

 

intention to obstruct proceedings, on thecontrary it is our view that the early

 

disclosure of documents assists inreaching settlement. It is also worth noting that we

 

are required to file and serve on you and the Court copies of all documents upon

 

which we intend to reply at least 14 daysprior to any date fixed for a final hearing in

 

order to substantiate our claim and incompliance with CPR27.4.

 

Please note that now that a claim has been issued it is your responsibility to file a

 

response and we may enter judgment if an Acknowledgment of Service or Defence is

 

not filed at the appropriate time. Forthe avoidance of doubt it is our contention that

 

you are in a position whereby you can respondto the claim form to the extent that

 

you can admit or deny both liability and quantum without sightof any documents.

MKDP

 

I will continue to research MKDP defense on this forum and post for comment.

 

Regards

 

K (OMH)

[dx100uk]

did you not send MKDP a CCA request too?

 

dx

[Off My Head]

Hi dx100uk,

 

Short answer, No. Is it to late to send now and would this alter my defense as I have never received a CCA from Barclaycard after requesting in 2012?

 

Regards

 

K (OMH)

[Off My Head]

Hi Guys,

I am still working on my defence and will post in the next 24hrs or so.

 

I do have a question: If the Claimant purchased this debt at typically 10% or less of the balance,

how is it morally right or legal to claim these inflated balances?

 

Is this not "Unfair" and I believe the originator of this debt has received tax relief of 80% on the debt?

 

Therefore these companies are making money out of thin air! could the following be submitted in a defense claim?

 

The Unfair Terms in Consumer Contracts Regulations 1999 and, by virtueof Regulation 8(2), "shall not be binding on the consumer".

 

Just a thought

 

Regards

 

K (OMH)

[AndyOrch]

In short no....because thats not a defence...the fact that is absolutely true is of no assistance to you the defendant and only the goverment can outlaw it...which they wont because most of them are run by their friends and relatives:roll:

[Off My Head]

Thanks Andy,

 

It does make you wonder if there is such a thing as Justice!

 

Using other peoples defence statements posted on here has helped me to couple a defence together

which I hope meets the requirements of the courts and offers some credible defence.

 

As it would appear they are chasing two seperate Barclaycard accounts (one through claim other through demands and threats)

and I have ever only held one BC card/account,

 

is there some grounds for mentioning that,

 

any account they think they have on me must surely have been mis-managed by either Barclaycard or MKDP LLP?

or am I missing the point and at this stage it is irrelevant?

 

Is mishandling an account by either the original account owner or the assigned owner even grounds for defence?

 

Many thanks for your sound advice and guidance

 

K (OMH)

[Off My Head]

Forgot to mention CCA request and fee sent to MKDP LLP today by R/Delivery

[AndyOrch]

Just follow the procedure and advice/defences you see in other threads.....the game is making them validate their claims and putting them to cost to justify its claim...makes no odds re mismanagement or assignment...a debt a debt irrespective of who now professes to own it.

 

Andy

[Off My Head]

Hi Andy,

 

Thank you for you patience, I believe I've got it now. Please see below for comment.

 

 

 

1. In the Northampton(CCBC) County Court

 

 

 

Claim number XXXXXXX

Between

 

 

 

 

MKDP LLP

 

 

 

and

 

 

 

 

XXXXXXXXXXXXX – Defendant

 

 

 

 

 

 

 

 

 

DEFENCE

 

 

1. I, XXXXXXX of (Address) 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 without merit.

 

5. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis ofthis claim.

 

6. The Defendant also sent a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for a copy of the agreement.

 

7. It has been confirmed via letter from The Claimant that the requests were received but unable to fulfil The defendant’s request due to not being inpossession of the original documents and implying they require eight weeks to fulfil The Defendants request.

 

8. To date No documentation has been received from The Claimant.

 

9. As a result, the Claimants claim 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. Consequently, I deny all allegations onthe particulars of claim and put the Claimant to strict proof thereof.

 

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

 

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

 

seeks an order that The Claimant’s action is struck out or otherwise is dismissed or struck out 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.

 

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)

[AndyOrch]

Have another go..... the above is not advisable

 

Read here in partic post#10

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423744-Claim-form-from-MKDP-LLP-old-HSBC-credit-card-debt&highlight=MKDP.

 

Regards

 

Andy

[Off My Head]

Hi Andy,

 

I do appreciate your help.

 

I have read the relevant post, and I am probably being a bit thick,

 

are you asking me to remove a paragraph from my defence statement?

 

If so it's not clear to me, or are you suggesting a complete re-write.

 

I have read many of the posted defence claims and they all look very siimilar.

 

Please point out the obvious so that I can attempt a new version.

 

Regards

 

K (OMH)

Edited June 24, 2014 by Off My Head

[SabreSheep]

You might want to remove your name off my head

[AndyOrch]

Hi Andy,

 

I do appreciate your help. I have read the relevant post, and I am probably being a bit thick, are you asking me to remove a paragraph from my defense statement? If so it's not clear to me, or are you suggesting a complete re-write. I have read many of the posted defense claims and they all look very siimilar. Please point out the obvious so that I can attempt a new version.

 

Regards

 

K (OMH)

 

A complete re write the above is not appropriate nor CPR compliant.Most of the defences will look similar as I drafted them...that is all you need ...accept.. agree.. refute... deny... and put them to strict proof to disclose what their claim is based on.

 

Regards

 

Andy

[Off My Head]

Hi Andy,

 

What would we do without you! If I am right, I believe you are suggesting keeping short and sweet. I have read some more threads and this seems to pretty much fit the bill. Please let me know if I am missing anything as the 28th is getting close and I want this delivered before 28th.

 

 

Particulars of Claim

 

1.The claimant claims the sum of £8,847.14 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

 

2.The Defendant's account was XXXXXXXXXX and was assigned to the claimant on 22/6/2012. 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.

 

The Claimant claims the sum of £8,847.14 and costs.

The Claimant has compiled as is necessary,

with the pre-action conduct practice direction.

 

 

 

DEFENCE

 

I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP. Not required they know who you are

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2.Paragraph 1 is denied It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Barclaycard.

 

 

3.Paragraph 2 is denied it is denied that a Notice of Assignment was served I have no knowledge of who the claimant is or had any communication with regards this alleged debt.

 

4.Paragraph 3 is denied I have not been served with a Default Notice nor been requested to make any payments..

 

 

Therefore it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is 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

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

 

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

 

6.Despite a request being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in theStatement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request.

 

6.A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

The Claimant has responded that, they are not in possession of any paperwork connected to this claim and that it will take at least 8 weeks to comply.

 

7. 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 section136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

8. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of theAct.

 

9. 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.

I look forward to your reply, keeping fingers crossed.

K (OMH)

Edited June 24, 2014 by Andyorch
Edited and added.

[AndyOrch]

I have edited your post above OMH your good to go now.

 

Regards

 

Andy

[Off My Head]

Thank you Andy, you are a superstar! I will tidy it up and email it to them today. I will continue this thread when I here something back.

 

Regards

 

K (OMH)

[globetrotter001]

How did it all end up?

[dx100uk]

How did it all end up?

 

how would we know?

 

its not been to court yet.........

 

dx