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Arthur12

MKDP Claim Form Recieved old Barclaycard 'debt'

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I received a claim form from MKDP today for an amount in excess of 5k.

 

 

Claim is as follows. Issue date is 10/12.

The claimant claims the sum of £6000

being monies due from the claimant under a regulated agreement

originally between the defendant and {A major bank, Credit Card}.

 

{The account} was assigned to the claimant on {a date over 3 years ago}, 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 CCA 1974.

 

The claimant has thusfar complaied with the pre-action conduct practice direction.

 

 

What is the value of the claim? £6000

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? 2009

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. Account assigned.

 

– did you receive a Notice of Assignment? Unsure - can't recall recieving anything before 2-3 weeks ago.

Did you receive a Default Notice from the original creditor? Unsure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? redundancylink3.gif

What was the date of your last payment? April 2009

Was there a dispute with the original creditor that remains unresolved?

Yes - regarding agressive DC Practices, also disputed this with the assigned company.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a dm plan? Yes, at the time I offered £1 per week, as was recieving JSA, which was rejected.

 

 

..............................

 

I sent a cease and desist letter by email in excess of 12 months ago having placed the account in dispute over aggressive DC practices.

 

No response was recieved (other than the autoresponse - proving it was received), never mind one within 21 days!

 

Could this be considered aan absolute defence to the claim?

 

Either way what would my next course of action be? (Have read a number of other threads so am beginning to build up a picture).

 

Thanks in advance

Arthur.

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No it oculd not be used as a defence. Other than that, I'm afraid that your story is pretty confusing and I think that you need to lay it out carefully and in detail so that we can understand and maybe help you.

 

What does the claim form say. What's it all about?


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thread tidied

 

 

is this an MBNA card please

dx


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ok

you need to ack the Claim [AOS} on the MCOL website

using the required details on the claimform

after you create a log in.

note the long number given.

 

 

defend all

leave juris unticked

 

 

CCA request

and CPR 31:14 from the legal section of the library tab top left.

 

 

dx


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Thanks for your help - documents have been sent today.

 

Just had a couple of questions if anyone would be able to help:

 

If the claimant was to agree to accept a full and final settlement,

would they then cease to pursue the case or would a CCJ still be recorded?

(Also, would this be the case if I agreed a payment plan out of court with the claimant?).

 

Also, I've noticed that the claimant has spelled my name wrong on the form, not sure if this impacts things in any way? (Live in hope!)

 

If I don't receive a response by the date for filing a defence,

I understand I should submit a one saying that the creditor is in default of my request.

Do I then just wait to receive any more correspondance from the court,

or is there anything I should be doing?

What would usually happen following this and are timescales fairly long?

 

If the case would take around 6 months to reach the judgement stage,

I'm hopeful I would be able to pay in full within 31 days (should the court find against me),

I understand if this is the case no entry would be made with credit reference agencies?

 

Finally, I have seen that many threads bear the title 'claim struck out' etc. How many cases usually get as far as the court/judgement stage?

 

Really appreciate the effort you are putting in to help me and others,

hope that one day I'll be able to use this experience to help others in a similar situation.

Edited by Arthur12

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Hi Arthur

 

Thanks for your help - documents have been sent today.

 

Just had a couple of questions if anyone would be able to help:

 

If the claimant was to agree to accept a full and final settlement, would they then cease to pursue the case or would a CCJ still be recorded? (Also, would this be the case if I agreed a payment plan out of court with the claimant?). If you could agree a settlement by way of a Consent Order or Tomlin Order then you could resolve this without a CCJ and stay the claim

 

Also, I've noticed that the claimant has spelled my name wrong on the form, not sure if this impacts things in any way? (Live in hope!) Could do if they get a judgment and then try to execute it....but not with initial claim

 

If I don't recieve a response by the date for filing a defence, I understand I should submit a one saying that the creditor is in default of my request. Do I then just wait to recieve any more correspondance from the court, or is there anything I should be doing? What would usually happen following this and are timescales fairly long? All the answers are in the surrounding threads on how their claims are progressing...have a read

 

If the case would take around 6 months to reach the judgement stage, I'm hopeful I would be able to pay in full within 31 days (should the court find against me), I understand if this is the case no entry would be made with credit reference agencies? Shouldn't take that long ...all claims vary...which court etc....but if payment is made in full within 28 days then the CCJ is not recorded.

 

Finally, I have seen that many threads bear the title 'claim struck out' etc. How many cases usually get as far as the court/judgement stage? 10% if that .....subject to who the claimant is and how strong their claim is and value.

 

Really appreciate the effort you are putting in to help me and others, hope that one day I'll be able to use this experience to help others in a similar situation.

 

Regards

 

Andy


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have you ack'd the claim too?

 

 

dx


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When this process is resolved, you may want to do a full subject access request and get copies of all transactions so you can caluculate Late and overlimit charges and reclaim any ppi


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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have you done AOS?

 

 

dx


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have you done AOS?

 

 

dx

 

Thanks, yes have done AOS, now awaiting arrival of docs (or not as the case may be!).

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So, no response (not even an acknowledgement) has been received from the claimant.

I'm due to file a defence on Monday and would like to get it in tomorrow if possible. Here is my proposal.

 

1. I, Arthur, 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 of this 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. It has been confirmed via the Royal Mail website that the above letters were received and signed for.

 

8. To date the claimant has failed to respond to, or acknowledge, the CPR 31.14 request.

 

9. To date no response has been received from The Claimant for the request of Consumer credit act 1974 agreement.

 

10. The claimant has failed to respond to other communication from the defendant prior to this claim being filed, namely correspondance sent on 12/8/2013 and 13/12/2014 enquiring as to the nature of the claimant's alleged relationship with the defendant.

 

11. The claimant has deliberately sought to misrepresent itself by presenting a letter before action in the name of another company, both of which are subsidiaries of a parent company named the 'Compello Group'. This appears to be a deliberate abuse the process of civil procedure in order to mislead the defendant, in an apparent attempt to gain judgement by default.

 

12. 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 on the particulars of claim and put the Claimant to strict proof thereof.

 

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

 

14. 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.

 

15. 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.

 

16. It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on a date which was given as XXX. As such it is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name.

 

 

17. AND the Defendant

 

Seeks an order that The Claimant’s action is struck out or otherwise is dismissed 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.

Edited by honeybee13
Surname removed.

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Hi Arthur.

 

I've removed your last name to keep some anonymity for you.

 

HB


Illegitimi non carborundum

 

 

 

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you don't need 99% of that defence save it to later WS if necessary.

 

 

far far too much waffle


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi all,

Just a quick update.

 

Defence as suggested by dx above (modified to this case obv) was submitted to the court and acknowledgement letter received.

 

MDKP replied in early Jan with the usual 'may take up to 8 weeks' to find the documents, nothing heard since and 8 weeks now well expired.

 

According to the original letter from the court the claim is now stayed, as no response from claimant.

 

Is my next step to invite the court to strike out or the claimant to withdraw? Or is it now just a waiting game?

 

Thanks for any advice.

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you can only wait.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Well having had no communication from MDKP (or any other party for that matter) in over a year, I had a letter today stating that the account has now been assigned to Hoist Portfolio 2.

 

From reading other threads I assume this means an application is likely to be lodged to lift the stay at some point in the future. I might not have looked in the right places, but I'm unsure what my next steps would be if this does happen.

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nope

hoist have purchased MKDP and their complste portfolio.

 

every one has had one of those letters if you read around

 

not had one member comeback yet that has indicated it has led to anything.

 

safe to ignore it.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks that's reassuring.

 

Did catch me by surprise this afternoon and had been less up to speed than I was having not heard anything for a year.

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Hi again everyone,

I've been away and on my return I found a letter from the Court stating the case was due to be heard next month and that the claimant was required to pay a hearing fee to proceed. The deadline for filing the fee has now passed and I have not heard anything. Obviously I will give the court time to process this and see if the case is due to proceed closer to the time.

 

If the fee is not paid, should I request the court strike out the claim? I am frustrated that this process has spent over a year in limbo.

 

On the date in question I am unable to attend due to work commitments (due to my occupation I cannot take time off, even when sick!). Can I submit my evidence to the court in writing for consideration? Obviously if attendance is the key to success I will need to do this. I don't see how I have any evidence to submit to the court/claimant other than, I assume, a written statement stating something along the lines of the claimant failing to respond to requests, provide any documents etc.

 

Thanks

Arthur

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The letter you refer to should also contain the courts directions that both parties must comply with by the dates stated...if you fail to comply your defence can be struck out.

You standard disclosure will be CPR/CCA requests and responses ..your witness statement will be a particularised version in support of your defence.

 

You comply with everything by the dates stated......if they fail to pay the fee or comply with the directions the claim will be struck out anyway.

 

If it actually gets to the trial...it always advisable to attend....those in attendance usually win if the other party fail to show.

 

Andy


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I've just spoken to the court and it transpires the hearing fee has not been paid.

 

I'm working through the witness statement and documentation now - is it still advisable to submit this or should I hold back?

 

I've not received anything from the claimant so don't really want to show my 'cards' unless it would damage the defense if not submitted.

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You must file and serve by the dates stated....ignore what the claimant does or does not action.


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