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MKDP claim struck out at the County Court barclaycard


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I noticed last year (2013) that MKDP has entered a record of a CCJ

and default out of the blues against me on my credit file.

 

As I have never had any dealings with MKDP whatsoever,

I called to challenge the entry on my file.

 

MKDP claimed they had bought a debt i owed to Barclaycard.

 

For the record the Barclaycard debt was settled/satisfied in 2009.

There is a record to this effect on my credit file.

 

I went to the court and I was successful in having the CCJ set aside.

 

Following which MKDP then took me to court claiming that I owed the best part of £5K.

The District Judge on the 18th of June 2014 struck out MKDPs claim

as she had directed on two different occasions that MKDP provide evidence that I owed Barclaycard,

and MKDP still did not provide the evidence..

.I'm guessing because they had nothing to present.

 

MKDP's request afterwards for an appeal was also denied.

 

MKDP has also not made any request for an appeal of the decision to a higher court within the 21 days

allowed by law.

 

This in effect means MKDP can never again come after me for this fictitious debt!

 

Now to the crux of the matter,

 

MKDP is still insisting, despite the court judgement,

that I owe them and thus have to pay them before they remove the default record from my credit file.

 

I have written to Equifax attaching a copy of the judgement.

But, to my amazement, Equifax have written back advising that the default record entered by MKDP

cannot be removed as MKDP are of the opinion that I still owe them.

 

Equifax have advised that the record can only be removed at the behest of MKDP.

 

So, please what can I do legally to get this fictitious record on my credit file removed.

 

Is the court judgement not enough to get it removed?

 

Can MKDP still insist on me paying a debt that I do not owe

and that the courts have also adjudged that I do not owe?

 

Despite the fact that there is no legal means left open to MKDP

it appears I'm still being held to ransom by this dodgy company.

..is there nothing I can do legally?

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I am in the same boat in as much as they do not have a contract and the judge has asked for a certified copy which they don't have. and i am looking into the following Action

1 I did the 3 letter process with a unilateral contract containing a fee schedule so i will invoice them for my time ( so can you) and put them in the county court see how they like it

2 take them to Queens bench which is a common law court. for trespass on my rights and seek damages for far more than they are asking off me.

3 a private criminal prosecution for breach of the 2006 fraud act misrepresentation's etc (have a look it could apply to you )

I may get no where buts it is worth trying to give them a bloody nose if i can

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Hi and welcome to CAG Awobodia.

 

The CCJ was set aside, they failed to appeal it. tough luck MKPD.

 

You will need to raise a written formal complaint to them. If they dispute this, they must prove that the default has been placed correctly.

 

You could go to the ICO but that is a long drawn out process and the default could drop off itself before you got any action.

 

I suggest the court route. As soon as these p*ssant companies realise you are serious, they take notice.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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and beware of following that fotl twaddle in post 2 as well

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I noticed last year (2013) that MKDP has entered a record of a CCJ

and default out of the blues against me on my credit file.

 

As I have never had any dealings with MKDP whatsoever,

I called to challenge the entry on my file.

 

MKDP claimed they had bought a debt i owed to Barclaycard.

 

For the record the Barclaycard debt was settled/satisfied in 2009.

There is a record to this effect on my credit file.

 

I went to the court and I was successful in having the CCJ set aside.

 

Following which MKDP then took me to court claiming that I owed the best part of £5K.

The District Judge on the 18th of June 2014 struck out MKDPs claim

as she had directed on two different occasions that MKDP provide evidence that I owed Barclaycard,

and MKDP still did not provide the evidence..

.I'm guessing because they had nothing to present.

 

MKDP's request afterwards for an appeal was also denied.

 

MKDP has also not made any request for an appeal of the decision to a higher court within the 21 days

allowed by law.

 

This in effect means MKDP can never again come after me for this fictitious debt!

 

Now to the crux of the matter,

 

MKDP is still insisting, despite the court judgement,

that I owe them and thus have to pay them before they remove the default record from my credit file.

 

I have written to Equifax attaching a copy of the judgement.

But, to my amazement, Equifax have written back advising that the default record entered by MKDP

cannot be removed as MKDP are of the opinion that I still owe them.

 

Equifax have advised that the record can only be removed at the behest of MKDP.

 

So, please what can I do legally to get this fictitious record on my credit file removed.

 

Is the court judgement not enough to get it removed?

 

Can MKDP still insist on me paying a debt that I do not owe

and that the courts have also adjudged that I do not owe?

 

Despite the fact that there is no legal means left open to MKDP

it appears I'm still being held to ransom by this dodgy company.

..is there nothing I can do legally?

 

this settled/satisfied bit

 

so you have proof that you did this?

 

or are you just going by the fact that all entries by an OC

get marked this way when they sell a debt on?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Most of these companies make you think you are a criminal for not paying the debit. When in fact they don't abide by the law, regulations or any guidance set by the regulators. Why should one have to pay any more than one us legally required to do so, I am sure they will not

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Hi,

Thanks for your response.

Please, can you expatiate a bit more on the 3 letter process with the unilateral contract containing a fee schedule?

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I am in the same boat in as much as they do not have a contract and the judge has asked for a certified copy which they don't have. and i am looking into the following Action

1 I did the 3 letter process with a unilateral contract containing a fee schedule so i will invoice them for my time ( so can you) and put them in the county court see how they like it

2 take them to Queens bench which is a common law court. for trespass on my rights and seek damages for far more than they are asking off me.

3 a private criminal prosecution for breach of the 2006 fraud act misrepresentation's etc (have a look it could apply to you )

I may get no where buts it is worth trying to give them a bloody nose if i can

 

 

Thanks for your response.

Please, can you expatiate a bit more on the 3 letter process with the unilateral contract containing a fee schedule?

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this settled/satisfied bit

 

so you have proof that you did this?

 

or are you just going by the fact that all entries by an OC

get marked this way when they sell a debt on?

 

dx

 

I think your query is rather very irrelevant at this point as a Court Judgement has already been made. I trust you'll appreciate that County Court judges are not stupid people. Moreover, the onus is on the claimant to proof that there is indeed a valid debt owed to it.

 

Please, refer to the extract of my initial submission below...

 

"I went to the court and I was successful in having the CCJ set aside.

 

Following which MKDP then took me to court claiming that I owed the best part of £5K.

The District Judge on the 18th of June 2014 struck out MKDPs claim as she had directed on two different occasions that MKDP provide evidence that I owed Barclaycard, and MKDP still did not provide the evidence...I'm guessing because they had nothing to present.

 

MKDP's request afterwards for an appeal was also denied."

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ok well done

the three letter bit is freemen of the land twaddle

 

forget it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok so now forget the court case ccj etc

that now does not exist

and everything is reset to before the case.

 

now did you ever have a Barclaycard then?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Awobodia,

 

If MKDP refuse to remove adverse credit markers from your CRA records, you have the option to take them (and Barclays t/a BC as co-defendants) to court seeking removal of the data and comensation as per the case of Kpohraror v Woolwich BS and/or Richard Durkin v DSG Retail Ltd.

 

Read up on these cases from reports of proceedings.

 

I agree with DX - ignore comments in post #2 above as it looks like Freedom of the Land nonsense that'll get you nowhere.

 

:-)

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