MKDP/Barclaycard claim form

[dogilvy78]

Greetings all

 

Following a lot of reading here,

the following is my current state of play with a claim received from MKDP LLP.

 

At the end is my proposed Defence to the Court.

 

Name of the Claimant ?MKDP LLP

Date of issue – 26th June 2014

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

Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

What is the value of the claim? £8410

 

Is the claim for a current or credit/loan account or mobile phone account? Old credit card

 

When did you enter into the original agreement before or after 2007? 1980s

 

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. 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? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments:- Change of circumstances

 

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 debt management plan? No

 

 

Amount claimed £8000

Court fee £410

Total amount £8410

 

Particulars of claim

The claimant claims the sum of 8000 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 XXXX and was assigned to the claimant on XX/XX/2011,

notice of this has been given 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 8000 and costs.

 

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

 

I acknowledged service on 14th July.

 

CCa sent

 

My CPR request:

14th July 2014

 

 

 

1: the agreement.

2: the assignment

 

3: the default notice

 

4: the termination notice

 

5: statement of account

 

Their response:

 

We write with reference to your recent request 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.

 

We draw your attention to the fact that this claim is for a balance less than £10,000

and the normal track will be the small claims track which is governed by the Rules and Practice Directions of CPR 27.

 

This means that Part 31 of the Rules is not applicable to your claim pursuant to CPR 27.2(1)(b) and CPR 31.1(2).

 

It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assist in reaching settlement.

 

It is also worth noting that we are required to serve on you and the Court copies of all documents upon which we intend to rely

at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim and in compliance with CPR 27.4.

 

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

and we may enter judgement if an Acknowledgement of Service or Defence is not filed at the appropriate time.

 

For the avoidance of doubt it is our contention that you are in a position whereby you can respond to the claim form

to the extent that you can admit or deny both liability and quantum without sight of any documents.

 

My proposed defence to be filed:

 

 

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

 

2.The Defendant's account number was **************** and was assigned to the Claimant on XXXXXX, 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 ****.** and costs.

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

 

 

 

Defence

 

 

 

 

1. Paragraph 1 is neither admitted nor denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim. Until such time the claimant can comply with my section 78 request and CPR 31.14 the claimant is prevented from enforcing any agreements or seeking any relief.

 

2. Paragraph 2 is denied that any notice of assignment – as required by section 136 of the Law of Property Act 1925 and by section 82a of the Consumer Credit Act 1974 – was received on or after 17/9/2012.

 

3. Paragraph 3 is denied that any statutory and valid default notice has been served on the Defendant.

 

4. Paragraph 4 is denied the claimant has complied with any pre action protocol and has yet to respond to my requests for clarification.

It is denied the Defendant owes any monies to the Claimant and the Claimant is put to strict proof to:

(a) Show how the defendant has entered into the agreements

(b) Show how the Defendant has reached the amount claimed for

© Show how the Claimant has the legal right, either under statute or equity to issue a claim by way of a Notice of Assignment and evidence of its service

On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxx for a copy of the notice of assignment, default notice and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on xxxxxxxxx. The claimant has yet to comply.

 

On receipt of this claim form the Defendant requested a copy of the credit card agreement by way of a section 78 request dated xxxxxxxx. The Claimant has yet to comply.

 

Therefore the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

5. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed.

6. On the alternative, if 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.

 

7. 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.

 

Is this appropriate as a filing?

 

Thanks to all who have contributed and have let me get this far.

 

I hope I haven't yet made any blunders.Any other guidance greatly appreciated,

 

please just let me know if I am good to go with the above.

Edited July 27, 2014 by dx100uk
post tidied & templates removed - please do not post templates in the open forum - dx

[dogilvy78]

I've also just checked on the Experian website, and the date of default is under four months before the debt was allegedly reassigned.

 

Also, as of today, they have added the £410 court fee to the default balance.

 

I'd really appreciate some help here, please!

[dx100uk]

you need to file by tomorrow Monday midnight.

 

i'll alert the team

 

dx

[dx100uk]

who are the sols please

[dogilvy78]

Thanks DK

Claimant and sols are MKDP LLP

br

[dx100uk]

Thanks DK

Claimant and sols are MKDP LLP

br

 

mkdp are not sols

who are the claimants sols please

[dogilvy78]

From the claim form:

Claimant :

MKDP LLP,

MK

 

Address for sending documents etc>

MKDP LLP

MK

 

Sorry, that's all I have to go on.

[AndyOrch]

Defence is good to go dogilvy78

 

Your thread is exemplary..well laid out...good research.......you seem to have have a good grasp of the process.

 

Regards

 

Andy

 

 

Dont forget to print proof of defence submission and retain.

[dogilvy78]

Thanks Andy.

It's all down to this wonderfully empowering forum, not least yourself and DX.

I'll post my defence first thing tomorrow and keep the Caggers updated. (Why does the spell checker insist on defense? NFL no doubt.)

Nighty night.

[dx100uk]

that's you spell checker not ours

 

dx

[dogilvy78]

thx both

I guess from DX's question that MKPD haven't claimed as as sols before?

I'll confirm defence am.

fwiw, the restriction on 10 posts before you can PM can make things fraught.

ttfn

[dx100uk]

no you don't need PM

it only opens you up to people trying to fleece and charge you

which is why we did it.

 

you can still PM siteteam mind

 

dx

 

 

dx

[AndyOrch]

Defense is preferred in American English, and defence is preferred in all other main varieties of English, including Australian, British, and Canadian English.

[dogilvy78]

Will do.

[dogilvy78]

Is the addition of court fees acceptable to the default amount?

ie on Experian

Or is this to be held in reserve?

[dogilvy78]

Defence submitted.

[indebtnow]

thx both

I guess from DX's question that MKPD haven't claimed as as sols before?

I'll confirm defence am.

fwiw, the restriction on 10 posts before you can PM can make things fraught.

ttfn

 

I have an ongoing one with MKDP at the moment, and there were no solicitor's details listed, just the same address for them in Milton Keynes, so have just sent all documents to that address.

 

My guess is that to keep costs down they do everything in house, in the hope that they get default judgments with a % of filings.

[dogilvy78]

Okay, I've had the a copy of the original agreement back via MKDP.

 

It is my signature on the form but the other printed details are unreadable, a

nd the were no full T&Cs sent.

Agreement from early 80s.

 

I have scanned it and was just redacting it when I noticed there have been changes made to the address not in my handwriting.

 

Therefore, the form as completed by me has been altered.

 

It was never went back for me to correct because it has been done in someone else's handwriting.

 

Should I still carry on redacting and post the form, or does this change the complexion of things.

[dogilvy78]

Slightly ahead of you

[dx100uk]

so wheres the agreement and the terms and conditions?

 

that's an application form

[dogilvy78]

Hi DX

That's all they sent me.

Do I write to them asking for the agreement as per my CCA request?

Or does this constitute their failure to comply?

 

Their letter:

 

MKDP LLC v Yourself

Claim Number: XXXXXXXXX

 

We write with reference to the matter above.

 

Please find enclosed a copy of the signed application form relating to this outstanding balance which confirms you are liable for the outstanding amount.

 

If you wish to discuss this matter further please contact our legal department on 0800 XXX XXXX. Please be advised, should this matter proceed to trial and you are unsuccessful you may be liable for our costs.

 

I really don't appreciate their attempt at a threatening tone.

[dogilvy78]

Here is my CCA request:

[REMOVED] please do not post templates in the open forum - dx

[dx100uk]

if you've filed your defence

 

if they wanna go back to court with that

 

then good luck MKDP!!

 

i'll let andy comment.

 

dx

[dogilvy78]

Defence filed as per earlier post #1.

Acknowledged by Court.

 

Any other input re posts #2 and #18?

 

Thanks all.

[AndyOrch]

Could you please repost the agreement in pdf format.

 

Regards

 

Andy