MKDP LLP Claim for Morgan Stanley/Goldfish/Barclaycard

[AndyOrch]

Thereabouts but dont leave it till the deadline.....file it as soon as your ready then its done with.

 

Sure post your WS here and Ill give it the once over.

[globalcitizen]

Hi Andy,

Please let me know your thoughts! Thank you so much... I've just confirmed that they have paid the hearing fee. If they are to provide their documents 14 days before, am I able to see these documents?

Thank you..

 

Witness Statement of ****.

 

I am the defendant in the above case and appear before the court as a litigant in person.

 

1. Some time in 2006 I took out a credit card with Morgan Stanley. I have no original documentation relating to this account.

 

2. In 2008 my financial situation changed and I was unable to make repayments, which resulted in my defaulting on the debt. The date of which I am not aware.

 

3. I was contacted by Newman Debt Collection Agents and began to make agreed monthly payments towards the debt (Exhibit A).

 

4. In 2009 I was then contacted by Apex Credit Management LTD as the debt was taken over by Barclaycard and came to an agreed monthly instalment plan (Exhibit B) which I continued to honour until December 2010 when Apex were no longer looking after the debt and I was not informed of to whom the debt had been passed.

 

5. In June 2013 I received a letter from MK Rapid Recoveries (Exhibit C). I responded by post (Exhibit D) requesting proof of ownership of the debt but had no response to my letter. I then received two letters from Raven Recoveries (Exhibit E), responded via post but once again had no response.

 

6. I received a County Court Claim Form from MKDP LLP dated 29th August 2014. I submitted my acknowledgement of service on 5th September 2014. As a result of this claim I submitted my defence via MCOL on 29th September 2014.

 

7. As per my defence, on receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 8th Seotember 2014. This was sent via recorded delivery and signed for on the 10th September 2014. The Claimant has yet to comply. Furthermore, on the 8th September 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 10th September 2014. The Claimant has not responded to my request.

 

8. I received Notice of Small Claim Hearing dated 8th April 2015. I requested mediation via email (Exhibit F) and was informed I would be notified if the Claimant was also willing to mediate. No mediation has taken place.

 

9. The Claimant has failed to show how I have entered into an agreement with MKDP LLP (formerly Barclaycard). I have had no responses to my CPR31.14 and S78 CCA requests. S.127(3) of The Consumer Credit Act 1974 as amended by S.15 Consumer Credit Act 2006 provides that a court shall not make an enforcement order (i.e. a consumer credit or hire agreement will be automatically unenforceable) where: prescribed requirements in relation to the execution of regulated agreements (set out in section 61(a) of the 1974 Act) were not complied with or a document containing all the prescribed terms of the agreement was not signed by the debtor or hirer. To date MKDP LLP have not provided me with any documentation to prove their case against me.

 

10. In my defence I put the claimant to strict proof and requested that the court orders full disclosure. Despite my requests, I have never received appropriate documentation from the Claimant that would allow me to fully prepare my defence.

 

11. I argue that:

a. The Claimant has not provided an enforceable agreement.

b. I have never received a Notice of Assignment from Barclaycard to MKDP.

 

 

I believe that the facts shown in this statement of four pages are true.

[AndyOrch]

Yes you will be served copies.... subject to what they disclose...and what you want to see......that's the whole principle of Standard Disclosure....simultaneous exchange.

 

With regards to your WS is good...just a few suggestions......

 

At 8 ...add " It is assumed that the claimant has declined to participate even though opting for on their Directions Questionnaire.

 

Remove point 11 or change to " If the claimant wishes to rely on documented evidence referred to within its particulars , they must file it at Court and serve copies on the defendant at least 14 days before trial as per the DJ XXXXXXXX Directions dated xx xxxx xxxxx.

 

 

 

Regards

 

Andy

[globalcitizen]

Thank you SO much! I am really most grateful.

[victoria_siempre]

Hi globalcitizen

 

I had a similar experience and won; my thread is on CAG and I am happy to elucidate further. Bon courage, bonne chance.

 

x

 

v

[globalcitizen]

Hello Victoria, I'd be so grateful to know more about your case and any advice/pointers/suggestions would be most appreciated!

Thank you so much

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?425862-MKDP-claimform-£10k-Barclaycard-debt-***Claim-Dismissed-with-Costs***

[victoria_siempre]

Hi global

 

My stuff is in my thread, but the following is also informative:

 

 

 

x

 

v

Edited June 16, 2015 by Andyorch
External link removed.

[globalcitizen]

Thank you so much!

 

I have a quick question, when submitting my documents before the trial, do I need to send copies to the Claimant as well or just to the court? Thank you in advance!

[AndyOrch]

Both....

[globalcitizen]

Thank you Andy!

[globalcitizen]

Hello,

 

I thought I'd update on the situation. The hearing that was supposed to happen today has been adjourned to September because the Claimant has asked for additional time allowed to obtain additional documentation from a third party.

 

What's best for me to do now? Surely if they are making this claim, they should already have relevant documents needed. Do I sit and wait or is there something else I should do?

 

Thank you so much, any advice is greatly appreciated...

[AndyOrch]

Sit and wait...do some gardening or take a holiday...they will be running around frantically trying to gather/recreate the paperwork from the creditor.