Claimform MKDP and Barclaycard 'debt'- need to send defence now!

[flossie28]

Hi, I received a claim form from MKDP for an old Barclaycard debt.

 

I acknowledge service online but now need to submit a defence today

- any advice please on how to construct it.

 

issue date 29/5/14

 

Particulars of Claim

 

the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant

under a regulated agreement originally between the defendant and Barclaycard.

 

The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012,

notice of this has been provided to the defendant.

 

The defendant has failed to make any payments in accordance with the terms of the agreemen

t and a default notice has been served pursuant to CCA 1974.

 

The claimant claims the sum of 3,175.32 and costs.

 

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

[The Mould]

Hi, I received a claim form from MKDP for an old Barclaycard debt. I acknowledge service online but now need to submit a defence today - any advice please on how to construct it.

 

issue date 29/5/14

 

Particulars of Claim

 

the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard.

 

The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012, notice of this has been provided to the defendant. The defendant has failed to make any payments in accordance with the terms of the agreement and a default notice has been served pursuant to CCA 1974.

 

The claimant claims the sum of 3,175.32 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Was a default notice served on you and was it a valid one pursuant to s. 87 & 88 of the CCA 1974 (as amended)?

 

 

Was a notice of assignment served on you and was it a valid one pursuant to s. 136 & 196 of the Law of Property Act 1925?

 

 

Is there any ppi on the agreement?

 

 

Was an agreement to repay the debt at a reduced rate in place and did you honour such?

 

 

A few questions to begin with, which will help us to establish what Defence, if any, you may have that will either potentially defeat the claim or reduce your liability for the same.

 

 

The more detail/history of this matter that you provide here, will ensure that we have a better understanding of your case to post advice/opinion on and also point you in the right direction as regards the relevant statute and key authorities that you can rely on in your Defence (if a Defence can be constructed that is)

 

 

Kind regards

 

The Mould

[flossie28]

I don't recall getting a default notice or notice of assignment.

 

There was ppi on the agreement.

 

MKDP did phone to make an offer which I couldn't afford. They said I would need to provide income details to pay a smaller amount and they would send through a budget form which never arrived.

[The Mould]

I don't recall getting a default notice or notice of assignment.

 

There was ppi on the agreement.

 

MKDP did phone to make an offer which I couldn't afford. They said I would need to provide income details to pay a smaller amount and they would send through a budget form which never arrived.

You can rely on the ppi element in your Defence as a Defence of set-off against the amount claimed and thereby reduce your liability to the Claimant.

 

See- CPR Pt 16 r.16.6 (below)

Rule 16.6 Defence of set-off

“16.6

Where a defendant—

(a) contends he is entitled to money from the claimant; and

(b) relies on this as a defence to the whole or part of the claim,

the contention may be included in the defence and set off against the claim, whether or not it is also a Part 20 claim.

 

 

For example: Claimant claims £5k and the ppi owed to you is £2k, therefore, you owe only £3k to Claimant”.

 

Calculate the ppi on the agreement that is owed to you and set-off against the amount claimed in order to reduce your liability for this claim.

 

Kind regards

 

The Mould

[The Mould]

I don't recall getting a default notice or notice of assignment.

 

There was ppi on the agreement.

 

MKDP did phone to make an offer which I couldn't afford. They said I would need to provide income details to pay a smaller amount and they would send through a budget form which never arrived.

 

You need to set the above para out in your Defence of set-off against the claim (amongst other things).

 

Kind regards

 

The Mould

[The Mould]

“Particulars of Claim

 

the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard.

 

The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012, notice of this has been provided to the defendant. The defendant has failed to make any payments in accordance with the terms of the agreement and a default notice has been served pursuant to CCA 1974.

 

The claimant claims the sum of 3,175.32 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction”.

 

DEFENCE of SET-OFF (EXAMPLE based on above POC)

 

1. Reference to paragraphs herein are to the paragraphs as set out in the Claimant’s statement of case dated_____________________(put the date).

 

2. As to the first paragraph, it is denied that the Claimant is entitled to the sum claimed under the regulated agreement he relies on, because the agreement has mis-sold payment protection insurance (“ppi”) on it and the Claimant owes the Defendant a sum of money thereunder as a result of the mis-selling of that said ppi. The Claimant is put to the strictest possible proof on his claim and to prove otherwise.

 

3. As to the first sentence of the second paragraph, it is admitted, save that the Defendant has not been served with any notice of assignment pursuant to ss.136(1) & 196(4) of the Law of Property Act 1925 as alleged. The Claimant is put to the strictest possible proof on this allegation.

 

a) As to the second sentence of the second paragraph, it is denied. The Defendant has not failed to make any payments in accordance with the terms of the agreement as alleged. Payments have been made thereon by the Defendant and at the trial, the Defendant will refer to the relevant documents that prove this fact. Further, it is denied that a valid default notice has been served on the Defendant pursuant to ss.87 & 88 of the CCA 1974 (as amended) (“the Act”) as alleged and therefore, that the Claimant is not entitled to enforce the agreement he relies on in contravention of the stated sections of the Act. The Claimant is put to the strictest possible proof on the same.

 

4. As to the third paragraph, for reasons set out above, the first sentence is denied. As to the second sentence thereof, the Defendant is unable to admit or deny the same because the Defendant is acting in person in this matter and is an untrained litigant who has no knowledge of the CPR.

 

5. For reasons set out in paragraph 2 (above), it is averred that the Claimant owes the Defendant £_________(put the amount) as a refund for the mis-sold ppi on the agreement and the Defendant wishes to rely on a set-off of this sum against the sum claimed by the Claimant and indeed against the actual sum that the Claimant may be due. However, for the purposes of this present action, for reasons set out above, it is the Defendant’s belief that the Claimant holds neither standing nor entitlement to proceed with legal action to enforce the agreement he relies on.

 

STATEMENT OF TRUTH

 

………………………………………………(sign your name)….this 2nd day of July 2014

(PRINT YOUR NAME IN CAPS HERE) – Defendant

 

Kind regards

The Mould

[AndyOrch]

Hi flossie and welcome to CAG

 

If you could read and complete the following and post your responses here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[renegadeimp]

Also of note is the verbal discount offer.