MKDP Barclaycard [old 1996 goldfish card] claim form received

[tiger.bomb]

I have been working abroad for a few weeks and returned today to a claim form from MKDP LLP issued on 11th July for an old Barclaycard debt. What is my best method of dealing with this?

[dx100uk]

you ideally should have ack'd the claim by day 19 from the date on the form.

 

register on mcol note the number given

 

then log in to mcol

 

select AOS and using the details on the claimform see if it will let you ack the claim [prob not]

 

if it does defend all and exit mcol.

 

dx

 

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

 

fill the above in and paste the results here

[tiger.bomb]

I have completed all of that.

It was a bit nerve racking, as I will admit I am useless at anything legal

[dx100uk]

sorry so you were able to ack the claim?

[tiger.bomb]

Hope this is the info you require?

 

 

 

Claimant MKDP LLP

 

Date of issue - 11 Jul 2014

 

What is the claim for – sum of £2990 being monies due from the defendant to the claimant under a regulated agreement originally between defendant and Barclaycard.Account was assigned to claimant on !!/02/2013, notice has been provided to defendant. Defendant failed to make payments etc etc

 

The value of the claim - £2990

 

The claim is for a credit card debt

 

I cant remember the date I entered into the original agreement...... I will try and find the date

 

The claim has been issued by MKDP not Barclaycard

 

I knew the account had been assigned to MKDP as they have been calling me repeatedly for years

I am unsure if I have received a Notice of Assignment

 

I think I received a Default Notice from the original creditor

 

I don't remember receiving any statutory notices headed “Notice of Default sums” – at least once a year

 

I ceased payments as I was not able to afford them due to various personal money disasters that started in 2011

 

There was no dispute with the original creditor that remains unresolved. I just couldn't afford the payments

 

I originally did communicate with Barclaycard my financial problems. But I didn't make any agreement as my financial situation was so bad.

[tiger.bomb]

Yes I successfully submitted the Acknowledgment of Service

[dx100uk]

even though you've not got 12+2 days left before you must file your defence [by day 33]

 

i'd still be sending a CCA request

and a CPR 31:14 to MDDP by recorded delivery Monday

 

what date did you take this out on?

 

check your credit file that will tell you

 

dx

[tiger.bomb]

Does the CPR 31:14 need to be addressed to the claimants solicitor or just the address at MK5 8FR?

The claim form is signed by 'Sarah Lambert' but claimants solicitor is signed 'XXXXXXXXXX'

[dx100uk]

that will do yes

 

don't sign either letter

 

leave the CCA PO BLANK

 

dx

[tiger.bomb]

As yet I haven't had any word from MKDP.

What should I do next?

[tiger.bomb]

From my credit file my agreement was started in Nov 1996 with Goldfish which then got transferred into Barclaycard.

This was settled in March 2012 when I guess it was transferred to MKDP and they served a default notice.

[dx100uk]

post 8 questions please

 

you MUST file your defence by midnight today TUESDAY.

 

look for the no paperwork/holding defence in other threads here

 

and adapt to suit.

 

dx

[dx100uk]

From my credit file my agreement was started in Nov 1996 with Goldfish which then got transferred into Barclaycard.

This was settled in March 2012 when I guess it was transferred to MKDP and they served a default notice.

 

they'll have no chance of getting a 1996 CCA !!

[tiger.bomb]

I am an utter novice when dealing with these things and in the past have manage to screw everything up by saying one thing wrong!

Is it possible to message you my defence before I send?

[dx100uk]

post it here.

 

dx

[tiger.bomb]

• Would this be the most suitable letter for me to add my details? Or should it be something much simpler?
  

 

 

 

 

Although this claim was issued via Northampton CCBC county court I expect that the particulars of claim would include full details of the alleged debt that it was referring to i.e account number, date of default etc.

 

Furthermore it is my understanding you cannot add interest Persuant to section 69 of the county court act 1984

when claiming under a credit consumer agreement.

In any event this case be transferred to my local court where the original documents will need to be produced.

 

 

On the xx November I made a formal request for a copy of the alleged credit agreement pursuant to s.77/78 of the Consumer Credit Act 1974. This has NOT been supplied and the account entered default on the xx November 2008.

 

 

The Credit Consumer Act 1974 Section 77(6) states:

 

 

If the creditor fails to comply with subsection (1)

 

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

 

Therefore this account has become unenforceable by law.

 

 

Furthermore you state in your letter that HSBC does not keep copies of Default Notices sent. I deny every receiving a Default Notice and require you to strict proof thereof

a) Copy of default notice

b) How default notice was served

 

 

CPR 31.14 Request

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

 

1 the credit card agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

3 any other document or transcript that you wish to rely upon in court.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

[dx100uk]

dunno what or where you are reading your defence should be alike the following::

 

 

Here is a recent defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services.

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

4.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5.As per Civil Procedure Rule 16.5(4), it is expected 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 reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

***************

[tiger.bomb]

Problem! My partner has just said she sent the CCA request by normal post not recorded.

 

 

Would I be best to apply to the court for more time and send the request again? (recorded)

[tiger.bomb]

I think I may have to admit defeat.

 

 

Legal language really is an alien to me and I can't get my head around what my defence needs to say

I just don't have the time left to deal with

[oleg]

As long as you can get your defence in by midnight tonight you really ought not to give up. I'm not able right now to guide you but folks will almost certainly do so later. As you're clearly struggling with the procedure perhaps someone will give you an extra helping hand.

 

It really doesn't require a lot of work to construct the required holding defence by adapting the one above or some other similar one and it would be a shame to throw in the towel because almost all Goldfish cards as old as yours are either untraceable or unenforceable.

 

You would never have signed a CCA, they used to send out the cards on the basis of the application form alone.

 

And are you saying that M K D P not Barclays sent the default notice? If so, that sounds questionable to me.

 

Don't worry about having sent your request by ordinary post. It isn't a legal requirement to send one at all but it helps your case if you can prove having sent it. You can still send another if you want.

 

Unfortunately I can't get to a computer right now and cobble something together for you but, as I said, someone else should later. Use the SOS button if not.

[dx100uk]

you'll be ok

dx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?429565-MKDP-Barclaycard-claim-form&p=4591919#post4591919

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?425061-MKDP-Claim-Form-old-Barclaycard-debt&p=4592208#post4592208

[citizenB]

I think I may have to admit defeat.

 

 

Legal language really is an alien to me and I can't get my head around what my defence needs to say

I just don't have the time left to deal with

 

 

You dont have to do "legal language" - if you have read round the forums on thread where people have had similar situations, you will see what is going on. We can only advise so far - anything you sign or say (if it gets to court) will need to be in your own words.. not ours.

 

If you give in - then you will almost certainly obtain a CCJ.

[tiger.bomb]

I'm having another go.

I have checked my Credit report and found that the default date and date satisfied are the same.

Can they do that?

If not should I ad that to my defence?

[tiger.bomb]

I have scanned the original claim form and attached as a pdf