MKDP Barclaycard [old 1996 goldfish card] claim form received

[tiger.bomb]

Please could someone advise if this is OK. I think/hope I have understood what is required

I have adjusted someone else's defence, hopefully to suit the claim particulars

 

1.The claimant claims the sum of 3,000.00 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard.

2.The defendants account number was 123456789 and was assigned to the claimant on the 00/02/14, 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.

 

The claimant claims the some of 3,000.00 and costs.

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

 

Defence

 

1. Paragraph 1 is denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim. The defendant has never entered into a regulated agreement with Barclaycard. 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 XXXX/2013.

 

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 not 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 prove:

 

(a) How the defendant has entered into the agreement.

(b) How the Defendant has reached the amount claimed.

© 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 XXXX/2014 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.The claimant has not yet complied.

 

On receipt of this claim form the Defendant requested a copy of the credit card agreement by way of a section 78 request dated XXXX/2014. The Claimant has yet to comply.

 

Therefore the claimant has failed to comply to my requests,frustrated my attempts to clarify their claim and against pre action protocol,their actions should be considered when the question of costs arise.

 

5. As per Civil Procedure rule 16.5(4) I expect the claimant to 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.

 

Edited August 12, 2014 by Andyorch
Particulars added defence tweaked.

[tiger.bomb]

I have checked on my credit file MKDP and Barclay served the default notice on the same day.

Also my original CCA would have been with Goldfish in 1996 which in turn got taken over by Barclays in 2003 (I think)

[AndyOrch]

If you would type out the particulars of claim (verbatim) from the claim form tiger.bomb to enable easy reference to your proposed defence.

 

Regards

 

Andy

[AndyOrch]

Thanks tiger...I have tweaked it slightly to flow......you are good to go now.

 

Regards

 

Andy

[tiger.bomb]

PROBLEM

I have just logged into my MCOL thingy to file the defence and got this message

'A bar has been put in place on this claim. You cannot respond to the claim at this time.'

Any ideas why it says this?

[AndyOrch]

Normally a bar is put in place to stop the claimant from requesting judgment once Acknowledgement/Defence has been submitted in time.

 

If you have further problems submitting just copy your defence and claim number and email to Northampton.

 

[email protected]

[tiger.bomb]

The MCOL only allows me to complete an admission form.

The only email address for Northampton Court I can find is online [email protected]

Shall I send it there with a short covering email?

[AndyOrch]

The MCOL only allows me to complete an admission form.

The only email address for Northampton Court I can find is online [email protected]

Shall I send it there with a short covering email?

 

Yes....when you completed your Acknowledgement did you state your plea as defend all?

[tiger.bomb]

I just checked and I did put 'I intend to defend all of this claim.'

[AndyOrch]

Just submit it on the above email addy...ring CCBC in the morning to confirm receipt and log the error you have encountered.

[tiger.bomb]

I have just managed to email it in time and will ring Northampton court in the morning.

 

 

Many Thanks to all that have help me, your help has been greatly appreciated.

 

 

Lets see what will happen next.

 

 

I will keep you informed.

[citizenB]

Yes, in view of the problems you experienced, telephone Northampton and confirm your defence was received ok.

[AndyOrch]

Update from Tiger...not sure why he PMed me rather than post it on his thread.

 

Re: Tiger.bomb MKDP Barclaycard

'Notice of Proposed Allocation to the Small Claims Track' received today what should I do?

 

Complete it and return it by the stated date...serve a copy on the cliamant also.

 

Andy

[tiger.bomb]

'Application for a charge against your property'

 

Well all things have been quiet for a long time.

 

Since my last post I received a

Directions questionnaire (Small Claims Track) from the Court

which I returned on time at the start of Sept with all my contact details

 

Then a letter came from MKDP with a copy of their Directions questionnaire,

on the bottom of their letter it stated 'The Court will be in contact in due course'

 

I then assumed that either the court or MKDP would contact me with further information.

 

I haven't heard or received anything from either the Court or MKDP until today 10 weeks later!

 

I have received a letter from MKDP stating that despite their previous letters

they have not received a settlement offer or payment arrangement

and as the judgement has been held in excess of one month

it is their intention to make an application for a charge on my property.

 

What should I do next?

[dx100uk]

looks like everyone MKDP are trying to fleece got one of these today

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?201767-MKDP-amp-Barclaycard-Claim-Form***Strike-Out***&p=4652875#post4652875