Claim form - MKDP LLP / Barclay Card

[Gerrard04]

Afternoon all,

 

Hope every one is well.

I have been a regular viewer of the site and have read treads relating to my issue but I have some additional questions. I am in the process of sending my defence I believe I have a few more days in which to do this. I acknowledged on the 22nd September.

 

Name of the Claimant: MKDP LLP

 

Date of issue: 08 Sep 2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

What is the claim for – the reason they have issued the claim? The claimant claims the sum of xxxxx being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclay card.

The defendants account number was xxxxxxxxxxx and was assigned to the claimant on 22/6/2012, 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 xxxx and costs. The claimant has complied as far as is necessart with the pre-action conduct practice direction.

 

What is the value of the claim? £5k

 

Is the claim for a current or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. The Claim has been assigned by the Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not recall being made aware by a notice of assignment only verbally and via chase letters.

 

Did you receive a Default Notice from the original creditor? I do not recall receiving a default notice from the original creditor and the only default placed on my account was by the debt purchaser.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

I have not received any statutory notice of default sums

 

Why did you cease payments:- I was in financial difficulties, couldn’t afford minimum repayment or interest. I am pretty sure I advised Barclays the original creditor but months later claimant started chasing me for monies

 

Was there a dispute with the original creditor that remains unresolved? not that I recall

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? I believe I advised of my financial circumstances I do not recall if an plan was offered or entered into.

 

Additional information that may be useful or help;

According to MKDP account was assigned on the 22/6/2012 they then defaulted me on 27/6/2012.

Barclay Card have the account settled on 20/6/2012

Debt doesn’t appear Noddle/Credit tracker with MKDP until August

Original default balance is £0

After requesting proof verbally with MKDP and months of waiting I have a suspect looking letter from Barclay Card and enclosed with this a reconstituted copy of my credit agreement, copy of terms of credit agreement varied in accordance with section 82(1). With this is a copy of the original application form signed by myself but no one else? How can they have this and not the term and conditions? And surely there have to be an authorising signature from Barclay card?

Any advice would be appreciated

 

Many thanks

D

[AndyOrch]

Hi Gerrad and welcome to CAG

 

Have you sent CPR 31.14 and section 78 requests?

 

Regards

 

Andy

[Gerrard04]

Afternoon Andyorch,

 

 

Thank you for your prompt response and welcome.

 

 

I have not sent either, however, I did request further information from MKDP and the information they provided via (although suspicious) Barclays apparently completes their obligations under section 78 of the act.

 

 

thanks

D

[AndyOrch]

You need to CPR 31.14 then...Barclays attempts at complying to a section 77/78 requests are painful and do not comply.

[Gerrard04]

Thank you for your advice. How do I go about this in regards to the claim? and do I send both to Barclays or MKDP?

[AndyOrch]

CPR request is in the legal library with instructions and goes to the Sols named on the claim form.

You must edit to suit their particulars...you can only ask for anything they refer to within their particulars.

[Gerrard04]

Thank you again. One last question if you don't mind, the solicitors name is blanked out? Is this Keynes Collections?

[AndyOrch]

Send it to the claimant then

[Gerrard04]

Thank you for your time and advice

 

 

D

[Gerrard04]

Good morning all,

 

 

An update on my claim with MKDP LLP. After sending them a CPR 31.14 I have had this in response. I have had to type the main points as scanner is broke.

 

 

'Dear xxxxxx

 

 

xxxxxxxxxx

 

 

 

 

we write with reference to your recent request to inspect the documents referred to in our statement of case under CPR 31.14.

 

 

Unfortunately at this time we are unable to fulfil your request and as such we will need to liaise with the original lender to request the appropriate documents. We will forward these to you upon receipt but this may take up to 8 weeks.

 

 

However, we draw your attention to the fact that this claim is for a balance less than £10,000 and the normal track will be the small claims track which is governed by the rules and practice directions of CPR 27.'

 

 

they then go on to say

 

 

'it is also worth noting that we are required to file and serve on you the court copies of all documents upon which we intend to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim and in compliance with CPR 27.4'

 

 

Any further advice would be appreciated.

 

 

FYI I have had to submit my defence as my deadline was to pass. In this I requested more time as I was awaiting further information.

 

 

thanks

 

 

D

[AndyOrch]

Why did you not log on an seek advice then ? Do you want to post your defence here now for opinion?

 

Andy

[Gerrard04]

I don't have an excusable reason for not seeking advice.

 

 

Sorry if I am a bit green/naïve I do not know how to retrieve my defence, it is not giving me the option on MCOL.

 

 

In my defence I asked for an extension to submit my defence as I was yet to receive the information requested in the CPR 31.14 and Section 78a from the claimant.

 

 

I stated that I did not owe the alleged monies.

 

 

I also questioned the validity of MKDP LLP (MK) process and the default raised on my credit file. MK state that the account was assigned on the 22nd June 2012, however it was not assigned to them on my credit file until August. My main point was to question the default. The default was served on the 27th June 2012, five days after it being assigned on an opening balance of £0.00. How can I be in default for a nil balance and also 5 days does not allow time for them to advise me of assignment, me to respond, default notice, serving of default etc.

 

 

I regret not seeking advice before hand but would appreciate your opinion and any pointers.

 

 

Thanks

 

 

D

[Gerrard04]

Afternoon,

 

 

Was just seeing if any one had any opinions or advice on this issue.

 

 

Many thanks

 

 

D

[AndyOrch]

Difficult to advise really Gerrard...without sight of your defence......wait and see if the court accepts it as a valid defence and then allow 28 days to see if and how the claimant responds.

 

Andy

[Gerrard04]

Thank you for responding Andy.

 

Just to keep my thread/situation updated.

 

I have now received a notice of proposed allocation to the small claims track. It states that this now a defended claim and ask me to complete a N180 form.

[AndyOrch]

Okay so they are proceeding and obviously your defence was accepted......just complete and return the N180 (DQ) by the stated date...yes to mediation the rest is self explanatory.

 

Regards

 

Andy

[Gerrard04]

Good afternoon Andy,

 

Thanks for your help so far with this matter. A couple of questions if you may.

 

Why do I say yes to mediation?

I still haven't received a S78. They sent the initial response letter of not having to produce this under the CP 31.14 and that it may take upto 8 weeks but I have not heard anything since. Is this allowed?

Is there anything additional I should be doing to help my case.

 

Many thanks

 

Darren

[AndyOrch]

Because the court expects all parties to participate in mediation...irrespective.

They will have to produce a copy of all documents relied as the claim proceeds to that stage...so the longer they take to respond to you the better:wink:

[Gerrard04]

Evening,

 

Unfortunately, the court has upheld MKDP claim. I want to appeal and am wondering what my options are now?

 

 

I let myself down as I was late in submitting my WS and was unorganised.

 

 

However, I believe I had many strong and valid points which were dismissed or mis-interpreted by the judge.

 

 

I also feel I still have not received a correct response to my CPR 31.14 and CCA 78 request.

 

I will await a response before going into further detail.

 

Kind Regards

 

D

 

NB. I have tried to edit the title to reflect the current status

[Gerrard04]

Good Evening,

 

I was wondering if there was anyone who could assist me further with this issue. I intend to appeal and need to know if this is something I can do and whether it is worth it. I believe I have a good case and that alot of my points were not considered in the original judgement. For example, MKDP haven't complied with their CPR 31.14 and yet this was not even taken into account by the judge.

 

Also, the judge was changed from the original judge, is this something I should have been notified about.

 

Thanks

 

D

[AndyOrch]

Hi Gerrard

 

If you could expand a little...was there a trial or did they get summary judgment?

 

" I let myself down as I was late in submitting my WS and was unorganised. "

 

Regards

 

Andy

[Gerrard04]

Hi Andy,

 

Thank you for your response.

 

There was a trial, Judge listened to both our points of view, summary was pretty unanimous and told I had to pay balance and costs.

 

In my opinion I raised good points which were either dismissed or misunderstood, I summed up last and must of made some valid points as their solicitor tried to make some points afterwards.

 

Additional information is that The Default Notice was a letter from Mercers 2012 and the notice of assignment was a non letter headed letter on behalf of Barclaycard. Terms and conditions provided were pre-agreement attached to an application form with a signature but no authorising signature by BC.

 

If you need me to go into further detail re the quoted sentence I can but I hope I have answered your question.

 

Regards

 

Gerrard

[AndyOrch]

Does the General Order of Judgment allow provision to set a side ?

[Gerrard04]

On the N24 received since I can not see anything regarding this. If it is included in the order where would it state this?

 

Thanks

[AndyOrch]

Its normally contained towards the end of the notice ...if not they have not allowed provision and the judgment stands.

As for challenging it ..that is something for you to ponder over...you would need to make application using the n244 and fee with the reasons outlined and the law you base your application contained.

 

The problem is the Judge has seen your defence and only the matter of your none compliance swayed him not to proceed and find in the claimants favor..IMHO I cant see an application being successful...but that's a decision only you can make.

 

Regards

 

Andy