3rd claim of 3 MKDP Credit Card***Claim Dismissed***

[willintonboots]

Thanks for that Andy,

 

Can I just confirm so I am 100% sure.

 

The credit agreement they sent me has a signature on it and it is dated. ( I did not sign this, even though it look like a signature similar to mine!)

 

 

It has no set credit limit - but it states it will be determined from time to time

 

it has the interest rates

 

it does not have dates of payments but give a 30 day period and states 3% or £5 as payments which ever is greatest and states minimum payment with be stated on the statement.

There is a total charge for credit as a an example with a credit limit of £1,500.

 

Does this sound like a correct agreement?

[AndyOrch]

Sounds like an application pre contract agreement.....there may have been a fully executed agreement provided once you used the card or sent with the card.

Willington I dont normally advise arguing the merits of a CCA...enforceable or unenforceable...there are far more better ways to attain success in claims and most District Judges at county court level are very rarely up to speed to on the CCA1974.

 

Look at the bigger picture for now...the claim and what the claimant has and not complied with.

[willintonboots]

Ok,

 

Thank you Andy, advice taken.

[willintonboots]

You can submit a supplemental witness statement in response to their disclosures....3 days prior to hearing...it is important to serve a copy on the claimant.

 

Would this mean three days or three working days?

 

Many Thanks

[AndyOrch]

I think its just 3 clear days

[willintonboots]

I have a question.

 

I have put together a supplemental witness statement for both of my cases in response to MKDP's witness statements.

 

My thinking is, should I submit it, because if it is accepted, this would encourage MKDP to have their late witness statement accepted.

 

Should I keep it back and take it on the day and ask for it to be taken into account should the judge wish to proceed and accept MKDPs late submission of witness statement (8 Days late)?

 

My view is that, if I submit what I have MKDP with probably come up with some tosh. I just want to try and make a good decision and I am torn on what way to proceed.

 

Many thanks.

[AndyOrch]

If the court accepts theirs then you submit yours on the day......3 days late is better than 8 if theirs is accepted.

[willintonboots]

Thank you Andy, That is most helpful.

 

I guess I would know if the court has accepted their on the day as I assume that is the Judges decision, but not a decision that could be made prior?

 

You have been very helpful, thank you.

[AndyOrch]

You should still raise the point though and inform the judge that they submitted 8 days late....mindgames:wink:

[willintonboots]

Excellent.

 

Thank you Andy!

 

I am sure my next post will be the outcome!

[willintonboots]

Great news!

Claim dismissed!

The judge spotted all the inaccuracies and even that the documents MKDP provided didn't match their claim.

 

Can't thank you enough And and Oleg!

 

I would like to make a donation and be of assistance in any way on this forum. I feel like I owe it! Excuse the pun! Haha

[willintonboots]

Apologies for the type!

 

Thank you Andy and Oleg

[oleg]

way hey yay yay

 

 

Delighted for you Will - though not astonished - except at the brazen nerve of M K. Flamin chancers. And sorry I wasn't around last week. Usual reasons but sorry all the same.

 

Next time i'm passing i'll invite myself for a glass of bubbly. Or two.

 

Now you can see why we were trying to encourage you. They exist solely in the hope that peeps will cave in and roll over.

 

Well done!

[AndyOrch]

Delighted for you...well done.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[willintonboots]

Thank you both so very much! I don't think I would have had this outcome or managed to turn up with out your guidance and support!

 

I was a nervous wreck, I work very hard not to show it or any signs of weakness. Just so pleased it's all over!

 

I hope my threads can help others with their situations.

[willintonboots]

Hi,

 

I just wanted to provide a little update.

 

All three of the claims MKDP made against me we're all entered on my credit file.

 

After the court cases were over I disputed them with the credit reference agencies. I stated it was proven in court (with dates) that there was no evidence to suggest I owed this money and linking myself to those debts.

 

All three have been successfully removed from my credit file.

[citizenB]

Hi,

 

I just wanted to provide a little update.

 

All three of the claims MKDP made against me we're all entered on my credit file.

 

After the court cases were over I disputed them with the credit reference agencies. I stated it was proven in court (with dates) that there was no evidence to suggest I owed this money and linking myself to those debts.

 

All three have been successfully removed from my credit file.

 

 

Excellent news

[willintonboots]

So MKDP are up to new things...

 

I had a total of x3 claims go through court. One wasn't pursued any further and two including this one I won.

 

I have today received two letters from MKDP stating they have sold them to Hoist Portfolio Holding 2 limited.

 

Firstly is this allowed? One being they're statue barred AND been through court previously?

 

Where do I stand lawfully? I want to, when Hoist contact me managing this head on!

 

Many thanks!

[AndyOrch]

Yes they can sell them......they just cant (or shouldn't ) try to litigate on them...apart from the stayed claim.

 

Regards

 

Andy

[willintonboots]

Hello,

 

Thanks Andy.

 

Interestingly the stayed claim hasn't been sold. Only the two which were dismissed.

 

They are definitely statue Barred. So I assume I can challenge on that ground?

[AndyOrch]

Hello,

 

Thanks Andy.

 

Interestingly the stayed claim hasn't been sold. Only the two which were dismissed. and they bought them ?

 

They are definitely statue Barred. So I assume I can challenge on that ground?

 

Nothing to challenge unless they try to issue a claim....its not against the law to to try to collect statute barred/unenforceable debts.......but you now know better just file anything and ignore any calls.

[willintonboots]

Ok thank you Andy.

 

Much appreciated.

 

I do think situations such as this should be prevented. Selling on after a court claim isn't acceptable. Some procedures should be put in place to control debt collection agencies from behaving this way.

[citizenB]

I think you will find there are procedures in place, but they are so ambiguous that the companies ignore them anyway ?

[andydd]

If they were stupid enough to litigate, jump in quick with strike out/summary judgment application due to stat barred and re-litigation/abuse of process, as SO/SJ is pre allocation go for costs, xx Hours x £19 LiP rate.

 

If they continue to contact you, a case of harrassment ?

[oleg]

Hi Will

.

Long time . . . Oddly enough I was wondering about you the other day!

.

Don't pay much attention to the porn you've received about sale to Hoist . Everyone on MK books has received it , regardless of court claims etc, as part of sale of Compello Group- though I'm slightly puzzled as to why you've had only two. Maybe the third is completely written off.

.

Cabot did exactly same with Marlin assignments as Hoist with MK. I seen letter not long ago for an SB one. "Welcome to Cabot" and they'd get in touch bla bla [they didn't] and how they'd be offering all sorts of helpful ways to pay.

.

hehe, totally delusional, the lot of them