MKDP claimform for Barclaycard 'debt'*** Claim Dismissed***

[tigger74]

I have managed to find out some interesting bits. lets see what people think.

 

 

The original BC agreement was in pre Dec some time back , im sure was an application of some sort.

 

 

In and around some year,lol I filled out another peace of paper and was upgraded. I have the letter which says something in the wordings. it has modified agreement, something about terms of agreement remain unchanged.

 

 

who knows the limits.

 

 

Just modified this bit Andy ;p never know who reads forums.

[AndyOrch]

Dont feed history to the assignee....remember he is not aware of any details...apart from the account number your address and a balance.

[tigger74]

Noted Andy changed the previous post to take that into account

[tigger74]

Just update , Has been allocated to my local court. at my request

 

 

Waiting for the judge to give directions and time scales really on the draft directions, and funny heard not a dickie bird from MKDP. even with my draft directions and questions I sent them in a nice letter they have not replied to.....

 

 

Tigs

[AndyOrch]

Have you not received your Notice of Allocation?...normally the directions are contained within said notice once a claim is transferred tigger.

 

Andy

[tigger74]

Nope Andy, just got notice of transfer letter at this moment.

 

 

Just says has been referred to procedural judge who will allocate the claim, please wait the judges directions.... that was 21st October 2014..

[AndyOrch]

Righty oh....just post once you are in receipt tigger.

[tigger74]

Finally had response back from court, the judge has decided that this should be seen in small claims court on the 10th February.

 

 

Judge is saying the value is just over the 10k but the issues are not complex.

 

 

MKDP,They have to pay by the 19th December the fee...

 

 

All documents need to be exchanged not less than 14 days before the 10th February 2015..

 

 

so I figure that is post off recorded delivery by the 26th January?

 

 

Still nothing back in relation to the 3 letters sent to Mkdp... cca, cpr, draft....

 

 

Tigs

[tigger74]

All my documents went off to court and Mkdp on 21st January 2015, the date for 14 days before was on 26th January latest.

 

 

 

 

 

 

Seems that MKDP have sent there statements and documents in, but not sent me one thing.....

 

 

 

 

Surprise that one... lol

[AndyOrch]

Advise Northampton tigger..inform them that the claimant has failed to comply with directions...ask them to issue an " or else " general order.

[tigger74]

Informed the court and sent MDKP an email.

 

Saying they are in default for the required directions before the court date,

and that I would request for the action to be struck out on non compliance.

 

Surprise today 24 hrs later,

 

 

I have email with 121 pages so they are 7 days late on producing documents for a start.

 

Right can someone help look through this lot?

 

 

think they don't have as strong a case as they think...

 

Lot of holes in the documents

[tigger74]

They have excepted that I opened an account in February 1999, but have included a copy of a letter which is from 2002 which is across 2 pages. what does an agreement require to be executed correctly?

[dx100uk]

scan up what you think is the agreement.

 

 

but ofcourse unless they produce the signed one from 1999 they're stuffed

 

 

dx

[tigger74]

As they filed late not 14 days before but 5 will be going for the strike out route first of all, rofl this made me laugh even more. the third page after this is the same address and a bold wording as follows:

 

 

YOUR RIGHT TO CANCEL: Once you have signed this agreement, you will have for a short time a right to cancel it. exact details of how and when you can do this will be sent to you by post by us.

 

 

 

 

Rofl obvious the mistake... not on headed paper like the first two pages...

[tigger74]

I filed an objection on Friday under the pleb gate case, asking for the application to be struck out and found in my favour, and also pointing out that ultimately 61,65, 127(3) would apply. The court cannot enforce the application. hand delivered this with the clerk signing the documents for me which the judge will be looking at today before tomorrows court date

 

 

Mkdp did reply to their email with the attached documents, but on another email claiming staff sickness for the late submission. would ask for the court to allow the late submission,

 

 

what a poor excuse....

[tigger74]

CAN we confirm what assigned means?

[oleg]

Sold.

[tigger74]

That's what I thought, so claiming a debt is sold on the 11th July 2013 to Mkdp.

 

 

Then the reply to cca request form Barclays dated 15 September 2014 has gone up by £409.

And Barclays are still claiming the status of account, the full outstanding balance is now due......

 

 

Is this a lie being told and who owns the debt, and why has it gone up if sold?

 

 

Tigs

[oleg]

I'm afraid Barclays often post those misleading statements about amounts due as if they still own the account , long after assignment. But I'm unaware of anyone having reported them to the regulators for it.

[tigger74]

just going through my points for tomorrows hearing, cant stop laughing at some of the rubbish...

 

 

Mkdp claim they received the cca information after the ..nd of September and sent it after this date. rofl muppets have date stamped it ..th Is it the devil in the detail rofl

[oleg]

I wouldn't be pointing out any other ridiculous boo boos here at this stage if I were you. You never know who's watching. On the other hand , they may already have tangled themselves in enough knots to be hanged by.

 

Look at @willintonboots's two threads where the judge sent them out of court today with their tail between their legs.

 

But if you discover more gems by all means report after. We all enjoy a comedy.

[tigger74]

So true, im only 8 pages in out of 121, lol

 

 

lets put it this way if it was diamonds I would be rich before the next 10 pages

[dx100uk]

look at user willintonboots

[tigger74]

Right bad day,

 

 

I won in that the poor documentation form MKDP meant they could not enforce the debt.

 

But and its the big but, as the amount is large. the Judge has allowed them 4 weeks to correct the document failures and re-submit..

 

 

..Once they correct the non compliances issues, should we say get the white rabbit out

. im stuffed according to the judge and the debt will be enforced by the courts

 

He let them off the late serving of documents as well, and the incorrect documents because of the value of claim...

 

Once they send in the modified documents, I have to agree to what ever they put forward...

... stuffed, rofl was worth a go

[AndyOrch]

Well they have had 6 months up to now and couldnt get it right...4 more weeks will not necessarily produce a white rabbit.