Eyeballgod v MKDP LLP claim form (Barclaycard)***Claim Struck Out***

[eyeballgod]

Hi folks,

 

I got a Northampton claim form through a little while ago which I responded to with a CPR 3.14 to the solicitors

and put in a no agreement defence.

 

 

They sent a back-dated letter to say they would need to request the documents and would put any action on hold.

 

They didn't and still haven't responded with any documentation.

I don't have a CCA for this account, nor even a statement of account.

 

The claim got transferred to my local court (Oxford) and the latest from the court is a general form of judgement or order.

 

The order is that

"The claimant must file and serve a copy of the agreement and a statement of account

showing how the amount as accrued by xxx on xx September 2014.

 

The defendant must send to the Court and to the Claimant's Solicitors a Defence to the Claim by xxx on xx October 2014."

 

the date for their half of this order has come and gone and I've had nothing.

 

 

At the moment my defence can only be that there is no agreement since no agreement has been produced.

 

 

I'm assuming they should have sent it to me as well as the court?

 

This is a CC claim from a card that was taken out many years ago - around 2000 I think.

It's in the small claims court.

At no point since I disputed the account back in 2010 has anyone attempted to produce a copy of the CCA.

 

Anyone have any advice on what I should be doing here?

 

 

I have a feeling if the claimant hasn't responded to the court order they are going to lose by default when I put my defence in.

[AndyOrch]

Then you cant submit a further defence because the claimant has failed to comply with the directions.......does it mention that the claim would be struck out if they failed to comply?

 

Andy

[eyeballgod]

It doesn't - I've posted the entire order as it's written.

[AndyOrch]

Then you need to inform the court they have failed to comply...you may have to make application and ask the court to issue an unless or strike out order.

 

Andy

[eyeballgod]

OK - I'll probably work on a defence as well - I don't have a lot of time before the deadline issued.

Do I just need to send the court a letter?

[AndyOrch]

Phone call is usually better

[eyeballgod]

Phone call isn't good for me - I work full time and don't get the opportunity to make that kind of call. I'll send a letter on Monday and ask they consider an unless or strike out. Many thanks for your help.

[AndyOrch]

Phone call is more swifter ...your letter could be sat there for 3 weeks in which time they may comply and you miss your chance...Im sure you could fit a 5 min phone call in somewhere along the day....buts its your decision.

[eyeballgod]

So the court made another order to comply y the 4th or the claim would be struck out.

They haven't sent me anything except a threat to make a charging order on my home which they then sent an apology for. No sign of anything addressing the order.

Does this mean the claim is now struck out? Should I contact the court and draw their attention to the non-compliance or will they be on it already?

[AndyOrch]

I would have rang them in October eyeball

[eyeballgod]

I am fairly confident there is no agreement here. It has been 4 years since I asked for it.

When I rang the court I got the impression I was just speaking to someone in admin.

[AndyOrch]

"When I rang the court I got the impression I was just speaking to someone in admin"

 

You was ...who else did you expect to talk to?

[eyeballgod]

So I called them again and they have confirmed the claim has been struck out and I don't have anything I need to defend. Good news :-)However she did advise the claimant could apply to set aside the order and go to a hearing. At the bottom of the updated order it says "Any party affected by the Order may apply to have it varied, discharged, or set aside 7 days of service."So is this still a temporary arrangement? I haven't "won" yet?

[AndyOrch]

Nothing to stop them attempting to vary within the 7 days......but lets go with a victory being the season of good will.

 

Well done Eyeball....thread title amended to reflect the outcome.

 

Regards

 

Andy

[eyeballgod]

So that means within 7 days of being struck out? 'cos that was yesterday if we are talking calendar days rather than working days.

[AndyOrch]

7 working days from the date of the Order

[eyeballgod]

The date of the order was 20th November, so this looks like it's been struck out and gone, never to return? Can't quite believe that might have happened.

[AndyOrch]

Merry Christmas:party:

[eyeballgod]

So reading up a bit, they could appeal or launch a new claim. How do things stand with statute barred? In 18 months time it will be 6 years since the claim was initially disputed. Has the clock now picked up from where it left off, or has it restarted and it will be another 6 years before it becomes statute barred?

[AndyOrch]

So reading up a bit, they could appeal Only if they have permission or launch a new claim.Only with permission How do things stand with statute barred? In 18 months time it will be 6 years since the claim was initially disputed. Has the clock now picked up from where it left off, Yes or has it restarted and it will be another 6 years before it becomes statute barred? No

 

 

Andy

[eyeballgod]

Well I'm going to go with thanks then! Still can't believe that dispute might be over!