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

[dx100uk]

tell them to bugger off if they try it on before court

 

 

dx

[AndyOrch]

Be civil if approached OMH...they are only doing their job...listen say/offer nothing and smile.

Once in court wait and listen ...the DJ will address the claimant then yourself...be polite when addressing.

 

Best of luck...keep your thread updated with what transpires.

 

Andy

[Off My Head]

Thanks Andy,

 

Been all day and this evening pouring over everything.

 

 

Still going for S77/78 CCA, noticed that date on recon CCA is 2011 and yet they say I took the card out in 2001.

 

 

Can't be a true copy of my CCA.

Also going for illegible as I can only read the T&C's with a magnifying Glass!

 

 

They are relying on Carey vs HSBS,

I shall remind them of DJ Wakesman "honest & Accurate Copy" Noticed also that terms are variable which I believe have to be supported by a signed agreement?

 

They have not supplied a copy of a default notice and I do not have one in my records, so assume I can argue that there is no Breach?

 

The current matter concerned a breach of contract and therefore the creditor must serve a Default notice before it can terminate even in reliance on a power in its contract.

 

And if all that fails I still have bank statements showing 8 months of payments from the default dates showing payment to Mercers/Barclaycard Liverpool.

 

 

Non of which are showing on any statements or even referred to.

Will only use if not going my way!

 

I shall be glad when this is over as I have lived and breathed this for far too many months/years.

 

Will post after hearing, taken 2days off work for this... I at least feel empowered to have a crack at this tomorrow.

 

I owe you big time for all the help and advice!

 

OMH

[AndyOrch]

See how it goes...it will very much depend on the quality of the District Judge presiding unfortunately...try to keep it simple don't overcomplicate ...stick to the points of your defence & witness statement.

[Off My Head]

Hi All,

 

Just got back from court... Case has been adjourned until after March.

This was with mutual agreement with MKDP's appointed solicitor.

 

 

We spent an hour going over their WS and Mine each trying to pull apart,

he kept telling me that the judge would not find in my favour since Carey vs HSBC

and the advice of web sites like CAG was giving people false hope that they could escape their debts.

He then asked if I would like to make an offer to settle.

 

 

I reminded him that If I believed the account they were saying was mine and I had spent the money it would be a good offer,

but I don't and nothing they have sent proves I do.

I introduced doubt in his argument by referring to the payments I had made to Mercers!

Can you prove that was his response,

 

 

so I hit him with the bank statements....

.. Suddenly he changed his attitude and started talking about discussions with MKDP

and that he could now see the confusion over the accounts and time is needed for them to do their home work

and for me to submit new evidence that I will be relying in court.

 

 

He then told the Usher after he had a 5min chat on the phone to MKDP that we had both agreed to adjourn the case.

 

An hour later we were called in to see the DJ,

their solicitor did most of the talking to the Judge

who added a couple of lines about MKDP preparing ALL the evidence for the trial which he has set for first available after March the 2nd 2015.

 

 

Both I and MKDP have to submit further evidence by 4:00pm on the 9th January 2015.

 

The only comment about the case that the DJ directed at me was to make sure I read "Carey vs HSBC"

 

 

not sure if that's a good thing or not?

 

 

The DJ has set 2 hours aside for the trial (his words)

 

On the way out of court MKDP's solicitor said

"that's the legal stuff sorted but MKDP might decided not to pursue any further or try further negotiation with you,

all depends on what they are able to turn up over Christmas, I have to sleep nights as well!"

What do you make of that?

 

All in all, feels like first round has gone to me... but the war is not over yet. I hope I am not deluding myself?

 

I will scan the courts instructions when they arrive in a couple of days.

 

Regards

 

OMH

[dx100uk]

hey great work

 

 

in a nutshell you called their bluff on a speculative claim

when they had no paperwork to actually support the claim

simply hoping for a non contested default judgement.

 

 

shows how important it is to ALWAYS defend all.

 

 

yes 1st round to you

[Off My Head]

Hi DX100UK,

 

 

Thank you for the support. It does feel OK Knowing I held my own. I can not see how they can supply enough new evidence by 9th Jan to support their claim otherwise they would have supplied it months ago during all my requests and payment for information (CCA, SAR)

 

 

Should be an interesting couple of weeks.... I have a few missing bank statements to request and a bit of copying, other than that I'm ready!

 

 

OMH

[AndyOrch]

I wouldn't bank on this ever seeing January OMH...they dont have anything further to offer...and they have already spent enough getting it this far...their investment is dwindling:wink:

 

Well done for today.

 

Regards

 

Andy

[Off My Head]

Hi Andy and others,

 

Quick update as to many threads end without fully understanding how things have been left.

 

In 3 hours I go head to head again in court,

 

the difference this time is they are now aware of the payments I made to Mercers back in 2012.

 

They complied 5 days ago with the Judges instruction for them to complete a trial pack,

not much added on their part,

just a further 12 months copy statements showing nothing but charges and interest.

 

No mention on the account of the payments made to Mercers.

 

I shall be putting a lot on emphasis on those payments today.

 

Not sure how the judge will be over the reconstituted CCA as his last words to me in December were to read Carey vs HSBC.

 

The judge has set aside 2 hours for the hearing

 

I shall update this post this evening good or bad and hope that this helps others in the future when standing up to these companies.

 

Catch up later

 

 

OMH

[honeybee13]

Fingers crossed, OMH, I'll be thinking of you.

 

HB

[AndyOrch]

Take a look at this thread OMH...post 21 onwards...may give you some inspiration...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?442133-MKDP-Barclaycard-due-in-COURT-***Claim-Dismissed***/page2

 

Best of luck for today.

 

Andy

[Off My Head]

Hi All,

 

Today was not to be my day,

the Judge ruled in favour of MKDP!

It was a good fight but the judge was not having any of my argument,

 

in his opening statement he said he would be ruling on probability and he was not having anything I argued about CCA 1974,

poor reconstructed agreements

or any argument I put up on Carey vs HSBC.

 

The agent acting on behalf of MKDP was a legal Ninja and did a great job of making me look poorly prepared for the jousting we were about to do.

 

After the hearing he commented that I put up a good fight but just lacked enough hard evidence to persuade the judge.

 

I felt I was prepared for the legal fight and the knowledge on consumer law gained from all your help on this site,

 

I was not prepared for how well their agent would make me look incompetent with my finances and to be fair he probably had a point!

 

My advise for what it's worth is question your own evidence.

 

Example:

Although I had bank statements showing I had made payments to Mercers/Barclaycard

the statements did not show an account number

so who was to say the payments were for the Barclaycard I was being sued for?

 

The agent just said it was for another card and that's why the payments were not shown on the account and the judge bought that argument.

 

I summed up quoting all relevant sections of CCA 1974 and mentioned unenforceable debt ect to no avail.

 

In his sum up and judgement he ruled that in all probability I did have the said card

and debt and there was not enough evidence to support my claim.... Game Over.

 

I did score a few points which he mentioned and

he praised me on my honesty and the way I conducted myself in court..... Still lost.

 

I took the view better to be honest rather than dig holes with lies...

not sure if that was the best policy,

maybe I should have just said,

"not my card, prove it" and shut the hell up!

 

OK, now the positives "my world has not ended"

 

The judge and MKDP accepted my miserly offer after one phone call and I will, if I am honest, hardly miss the payment every month,

 

If I had continued paying the card issuer I would still be paying double in interest every month,

they already destroyed my credit rating 2 years ago so to hell with the CCJ.

 

I will probably sell a few bits and bobs and give it 18 months and offer them half for full and final settlement, see where that gets me!

 

Thank you all for the great advice I received from this site,

I would not have lasted 30 seconds in court without it.

We battled for a solid 2 hours and I feel I held my own on a good part of the argument.

 

I think the Judge had already decided I was guilty in the way he instructed (didn't feel right at the time)

their agent was extremely professional and I secretly admired the way he tore into me and put their case.

 

Would I have rolled over day one if I had known today's outcome? Hell,No!!!

My fight caused them a shed load of work.

Everybody should take them on, win or lose!

Morally their win is disgusting buying bad debt at a fraction of it's value then claiming the full amount!

 

Yes I lost but in the end I believe I have won.

Paying less, putting it behind me, came out fighting, learnt a hell of a lot, will not make the same mistakes again!

 

What doesn't kill me makes me stronger! God bless you all, keep fighting!

 

Off MY Head signing off.... for now

 

OMH

[AndyOrch]

Totally agree with everything you state...and as you state their profit diminishes as soon as a defence is entered.You will always get "the balance of probabilities Judges"...they are the lazy ones that wont apply the law or dont understand it and are lead by the claimants council....unfortunately.

 

Well done on the fight though OMH....always make them work for it...pushes their purchase price from 15p in the £ up to 50p...and as you rightly state offer them 50% F&FS after the dust as settled..they will snatch your arm off.

 

Regards

 

Andy

[Off My Head]

Thanks Andy,

 

 

You were a great help and on refection I wouldn't change how I conducted myself.... It was the luck of the draw on the day with the Judge..... Nothing you guys or I could do about that!

 

 

Anybody in the same position as me following this thread..... DON'T BE PUT OFF BY MY OUTCOME!! I am down but not out. Take the fight to them and keep smiling

 

 

All the very best to everyone who contributed to this thread. The best of luck to anyone about to take them on.

 

 

I'll keep watch

 

 

OMH

[Beamengine]

Thank you OMH for both the determination and the ability to accept the outcome. I too am querying the appalling reconstructed CCA agreement that they were able to successfully use in your case. I am surprised by this as it was a pre 2007 agreement and para 38 in Grace & Anor v Black Horse Ltd [2014] EWCA Civ 1413 indicated that the contract was unenforceable on a purely technical infringement.

I am currently threatening BC with a claim under s140a of acting unfairly in relation to a similar account transferred from Egg. A minor part will be their reconstructed agreements and the fairness of their use.

More significantly I will challenge their use of Mercer's name as I have a notice issued by them despite their status as a non trading company who were listed as dormant by Companies House. Does anyone have an examples of headed letters from them in 2013?

That is just the tip of the iceberg as they took over Egg card accounts in April 2011 but did not migrate them to BC until November which would explain the muddle they were in over your account. The problem was that they then failed to keep the Egg/Barclays records and have yet to realise that two accounts migrated to BC as live accounts were defaulted on 1 November 2011!

This probably needs a new thread as the correspondence is now being handled by (removed) Assistant Vice President, Legal Counsel.

Edited March 25, 2015 by Andyorch
Name removed ..irrelevant to post

[AndyOrch]

Probably best to start your own thread on this matter Beamengine ...I will leave your response above attached here.

 

Regards

 

Andy