MKDP LLP Claim for Morgan Stanley/Goldfish/Barclaycard

[globalcitizen]

Hello all, I'm completely new to this so please excuse any ignorant mistakes I may make

I'd be so grateful for any advice/suggestions you kind people may have.

 

Out of the blue I received a Claim from MKDP LLP (wow I've read some bad things about them and Sarah Lambert on some forums!) on 29th August. I received a letter from Raven Recoveries in November 2013 about the debt, but had no idea who they were. I'd never received a letter of transfer of ownership. I contacted them via post but never heard back from them and then never received any warning of legal action.

 

I get lots of nuisance calls which I'm assuming is this company, but they never leave voicemails (even though they claimed they have when I spoke with them two days ago) and I don't believe I ever provided them with my mobile number. They were incredibly rude on the phone and unwilling to co-operate.

 

Firstly, I'd like to contest the claim as I never received any notice of legal action and they have previously failed to respond to my correspondence.

 

Secondly, this was a credit card I had initially with Morgan Stanley some time before 2006 (I don't have paperwork from that long ago where I'm currently living). This was then taken over by Goldfish (which I was never notified of) and then on to Barclaycard. The account number assigned to Barclaycard is different from the original one with Morgan Stanley - I'm not sure if this matters or not.

 

I know my next step is to acknowledge the claim and then I believe I should send a CCA request and a CPR 31.14 request to Sarah Lambert who is the claimant so I can have all the appropriate documents to support my defence.

 

I'm not disputing the debt, but I'm disputing their conduct - which option do I tick of the following?

 

1. I intend to defend all of this claim.

2. I intend to defend part of this claim.

3. I intend to contest jurisdiction.

 

Should my communication be only with MKDP LLP? I don't have any paperwork proving they legally own the debt, should I also be writing to Barclaycard?

 

I've never experienced anything like this before, so once again please excuse my ignorance to the situation.

 

If anyone has any advice for me, it really would be most appreciated.

 

Thank you so much.

[AndyOrch]

Hi global and welcome to CAG

 

If you could read and digest the following and post your responses here...this will enable fast and accurate advice on how to proceed.

 

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

 

 

Option 1 by the way....defend all

 

Regards

 

Andy

[globalcitizen]

Hi Andy,

 

Thanks for the quick reply!

 

Ok, will do

[globalcitizen]

Name of Claimant:

MKDP LLP

 

Date Of Issue:

29 AUGUST 2014

 

PARTICULARS OF CLAIM:

The Claimant claims the sum of 7,626.13

being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

The Defendant's account number was *** a

nd was assigned to the Claimant on 13/05/2013,

notice of this has been provided to the Defendant.

 

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 sum of 7,626.13 and costs.

 

The Claimant has complied, as far as is necessary,

with the pre-action conduct practice direction.

 

The claim as I mentioned was for originally a Morgan Stanley Credit Card some time before 2006.

 

The account has apparently been assigned and it is the Debt purchaser who has issued the claim. I never received a Notice of Assignment to Raven Recoveries.

 

Because this happened a long time ago, I cannot recall receiving a Default Notice from the original creditor.

 

I have not been receiving statutory notices headed "Notice of Default sums".

 

I ceased payments because the debt was changing hands so frequently and then because of Raven Recoveries' failure to respond to my letters.

 

I did communicate financial problems to the original creditor and have always been wanting to co-operate into a debt management plan.

[globalcitizen]

Could somebody with experienced eyes perhaps please let me know if this CPR request letter is suitable with the particulars (as stated previously) of my claim?

 

Thank you

***********

 

please do not post templates in the open forum - dx

[dx100uk]

CCA request to MKDP

CPR TO sols

 

 

ack the claim [AOS}

 

 

defend all

 

 

else you'll get a CCJ by default whatever else you do.

 

 

dx

[globalcitizen]

Hello dx,

 

Sorry what do you mean CPR to sols? I should send the CPR and CCA to MKDP - right?

 

I have already acknowledged the claim and checked intend to defend all.

[dx100uk]

yes sorry

MKDP do both claim and representation themselves

 

 

so both to them

 

 

dx

[globalcitizen]

yes sorry

MKDP do both claim and representation themselves

 

 

so both to them

 

 

dx

 

 

Thanks Do you think there's any point in also sending the CCA letter to Barclaycard as well?

[dx100uk]

no they are nowt to do with it anymore they sold it.

 

 

you indicate this has changed hands many times

 

 

so sounds like you've been passed around as you've blindly paid

whomever fronted you over all these years

- we call it cash cowed.

 

 

so when was YOUR last USE of the card and what was its balance?

 

 

dx

[globalcitizen]

Yes it has changed hands but I haven't had proof of ownership from any of the debt collectors - I was under the impression they were acting on behalf of Barclaycard.

 

May I ask your advice on the time scale? I submitted my acknowledgement of service on 5th September and sent the CCA and CPR request letters on 8th September and the Issue Date of the claim is 29th August. Does this mean I have 14 days from 5th September to submit my defence?

 

Thank you for your help

[AndyOrch]

30th September your defence is due Global

[globalcitizen]

Thank you Andy!

[globalcitizen]

Hello,

 

I haven't heard back from MKDP after they received my letters on 10th September

 

 

- what should I do now?

 

 

Do I write to them again?

 

 

Should I inform the court I am unable to complete my defence as they haven't complied with my request?

 

Thank you in advance

[dx100uk]

sri who said you cant file a defence if they don't reply?

[globalcitizen]

sri who said you cant file a defence if they don't reply?

 

Because I need the paperwork to complete my defence?

 

 

That is what I've been reading on other forums?

 

 

I don't have the original agreement and other relevant files at my current residence.

 

 

If you can advise on how I can submit my defender without this then I am most grateful.

 

 

But also, don't they legally have to respond to the CCA and CPR requests?

[dx100uk]

only the CCA request

they can ignore the CRP.

 

 

unsure what 'other forum' you are reading buthats clearly wrong.

 

 

if they fail to response by midnight on day 33 where day ONE is the date on the claimform

 

 

you file the 'no paperwork/holding defence'

 

 

which is widely available in many many threads here on CAG

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

dx

[globalcitizen]

Thank you dx.

 

Andy advised I need to submit my defence by 30th September. Should I wait until then or should I submit my defence before? I still have not heard back from MKDP since they received my CPR and CCA requests.

 

I'd be very grateful if somebody could please read my defence below?

 

1. In the Northampton(CCBC) county court

 

 

 

Claim number XXXXXXX

Between

 

 

 

 

MKDP LLP

 

 

 

and

 

 

 

 

XXXXXXXXXXXXX – Defendant

 

 

 

 

 

 

 

 

 

DEFENCE

 

 

1. I, XXXXXXX of (Address) am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit.

 

5. On receipt of the claim form the Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis ofthis claim.

 

6. The Defendant also sent a formal request pursuant to s.77/78 of the consumer credit Act 1974 for a copy of the agreement.

 

7. To date No documentation has been received from The Claimant.

 

8. As a result, the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim. Consequently, I deny all allegations onthe particulars of claim and put the Claimant to strict proof thereof.

 

9. It is denied that I have an agreement with MKDP LLP.

 

10. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

11. Without admission that any cause of action is shown by The Claimant it is denied that I am indebted to The Claimant as alleged or at all.

 

12. AND the Defendant seeks an order that The Claimant’s action is struck out or otherwise is dismissed or struck out on the grounds that any claim cannot succeed.

 

i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

ii. The Defendant respectfully asks the permission of The Court to amend this defence if or when The Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

(Signed)

[dx100uk]

hold off

 

 

and that's the old embarrassed defence

 

 

not suitable

 

 

dx

[globalcitizen]

Could you please advise where to find a suitable defence? I read this one in a few places so thought it would be ok.

[dx100uk]

most recent threads here have it [this forum]

 

 

but as said I'd wait.

 

 

dx

[globalcitizen]

Ok, I'll hold off but would you mind please looking at the below defence? I'd like to prepare as much as possible, trying to get my head around it all. I hope this one is appropriate - please excuse my ignorance to such matters... I'm very grateful for your help.

 

The particulars of claim read as follows:

 

1. The Claimant claims the sum of 7,626.13

being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and Barclaycard.

 

2. The Defendant's account number was *** a

nd was assigned to the Claimant on 13/05/2013,

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.

 

4. The Claimant claims the sum of 7,626.13 and costs.

 

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Defence

 

Paragraph 1 is noted, I have in the past had financial dealings with Barclaycard but deny any monies being due as alleged by the claimant MKDP LLP.

 

Paragraph 2 is denied I am unaware of any legal assignment between Barclaycard and MKDP LLP and the claimant is put to strict proof thereof.

 

Paragraph 3 is denied, the claimant has not provided a default notice as alleged and has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of **** and remains in default of my section 78 request dated 08/09/2014.

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

and 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

(d) show that they have served a Notice of Sums in Arrears

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

 

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 08/09/2014. This was sent via recorded delivery and signed for on the 10/09/2014. The Claimant has yet to comply.

 

Furthermore, on the 08/09/2014 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the 10/09/2014. The Claimant has not responded to my request.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, as 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. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

 

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.

[AndyOrch]

Thats fine GC...you dont submit the particulars ...they are for reference only in checking that your defence responds to each point raised.

 

Regards

 

Andy

[globalcitizen]

Great, thank you so much Andy!

[globalcitizen]

I've received the CCA back from Barclaycard but heard nothing yet from MKDP. I guess this means Barclaycard still "own" the debt and MKDP are just acting on their behalf? Should I go ahead and submit my defence? It's due on the 30th. Thank you in advance!