MKdp llp claimform - old barclaycard 'debt'

[tofam]

Hello,

 

I received a claim form from MKDP LLP dated 10.12.14.

 

 

I have responded online intending to contest the claim.

 

 

Just to give a little background of the debt as far as I recollect.

I was having a temporary financial problem around 2010 and missed a payment or two.

I later called barclays to make some payment.

They asked if they should set up a direct debit on the account I paid for and I said no.

I told them I will always make a telephone payment until my situation changes.

 

A month later, I wanted to use the card and was told the little money I believe was in the account was gone.

I found out that a company by the name Mercers had taken money off my account.

I investigated this and found out that it was a company that assist Barclaycard to collect their debt.

 

 

I called barclaycard and told them that my right has been violated as my account details

should not have been passed to a third party which went ahead to take money out of my account without my permission.

I sought compensation but they refused.

I told them I would not make further payment until the issue is resolved.

 

There were a couple of back and forth telephone conversations and I stopped hearing from them until I got this claim form from MKD LLP.

 

I am at the moment a full time masters student at the university and have no income at the moment.

 

 

I called MKDP LLP and offered to pay £1000 as a final settlement.

 

 

I told them I intend to get the money the only credit card I have which has a limit of just over £1000.

They refused and demanded a settlement of £1600 instead.

I told them that apart from the fact that barclaycard violated my right,

I do not believe I was owing that much.

 

I have not made a formal defence and don't know how to go about it.

The whole issue is overwhelming as I have exams coming up at the end of the month

with loads of assignments before then.

 

Any advice will help

Edited January 12, 2015 by citizenB

[citizenB]

Hi, I have moved your thread to the correct forum - you need do nothing, it is purely an administrative move.

 

Could you please have a read of the link below and post the answers to the questions asked, in this thread.

 

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

 

As soon as you have done this, we can start to help you.

[oleg]

My goodness, you've left this a bit late, haven't you? Assignments or not, you better get your skates on. Fortunately, a simple holding defence may save your skin, once we've seen your answers to the link Citizen has provided.

 

In the meantime do not make or take any calls whatsoever to / from M K.

[AndyOrch]

Defence due today by 4.00pm

[oleg]

Exactly. And M K will be sitting at the ready with their fingers on the trigger.

[tofam]

Name of the Claimant ? MKDP LLP

Date of issue – 10/12/2014

What is the claim for

 

Particulars of claim are as follows:

 

The claimant claims the sum of £17xx.xx

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 xxxxxxxxxxxxxxxx and

was assigned to the claimant on 18/10/2011,

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 Act 1974.

The Claimant claims the sum of £1768.14 and costs.

The Claimant has complied , as far as is necessary,

with the pre-action conduct practice direction.

 

What is the value of the claim? £1768.14 and costs.

 

Is the claim for a current or credit/loan account or mobile phone account? A credit card

When did you enter into the original agreement before or after 2007? I'm not sure but perhaps I can get a disclosure on that -[edit by DX] July 2002

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 debt purchaser (MKDP LLP)

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was not

Did you receive a Default Notice from the original creditor? Not to my knowledge

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not

Why did you cease payments? Account details was sent to third party company who illegally took money from my account.

What was the date of your last payment? First quarter of 2011

Was there a dispute with the original creditor that remains unresolved? Yes, as mentioned above and in the first thread

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

 

 

I called MKDP LLP to agree a reduced settlement figure considering the violation of my right by Barclaycard (original creditor).

This attempt was made after receiving the claim form

[oleg]

Type out particulars of claim pls as requested above.

 

Call Barclays. See if they will tell you account opening date and date default notice issued. This is important.

 

Both above actions required *immediately*.

 

Forget about Mercers at this stage. Your CCA authorised Barclays to employ 3rd party to act on their behalf. However, the fact that they were involved means that Mercers will almost certainly have issued a default notice.

 

After you have posted back keep checking here from time to time.

[tofam]

Where can I find the CPR31.14 template. I van drop it off today at MKDPP LLP office as their head office is close to where I live

 

I called Barclays after I got the claim form requesting for this information

and a statement of how they arrived at the amount owed but

 

they said any information has to be routed through MKDP LLP as they have sold the debt.

 

I will call them again and let you know how I get on.

 

I am 100% certain Mercers never issued any default notice but we can leave them out for now as you suggested.

[oleg]

cag library

 

Also take CCA request.

 

Pop in to a Barclays on the way and insist on getting the info I requested above: may be better chance that way than phoning.

[dx100uk]

cpr

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

 

CCA request

 

 

just to be clear here

mercers ARE BARCLAYCARD

they did not sell the debt

so theres nothing illegal or unlawful that has gone on at all anywhere

as for the offset of the card payment from your current account

that's lawful too under their T&C's.

[oleg]

Yes Mercers, although a separate company, are owned by Barclays but it will make no difference to the action we propose. It will be a holding defence - putting the Opposition to strict proof of their claim.

 

It is a shame you didn't mention that you're able to get to M K in person today : we might have organised things slightly differently.

 

Third time. Pls type up the POC as it dictates elements of the defence.

 

I have to disappear now but others can help you. If the claim has not reached mcol by 4 p.m. it can still be accepted *unless M K have already acted*. I would doubt that, but your visit may have triggered "special measures". Just hope you only dropped your request letters off, not had a cosy chat over tea and an iced bun with Lucy Brown or others.

[tofam]

I have just been off the phone with Barclays and got some information.

 

 

The account was opened in July 2002 and

the amount actually spent was £1502 but the amount sold to MKDP LLP was £1768.14 plus an additional £105 court fee.

 

I now have more information on the Mercers issue.

 

 

It was the method of deduction that I contested.

I had called Barclays to make a one off payment and given my 16 digit card details along with expiry date and 3 cvc.

It was these details that Mercers used in getting money off my account in another month.

In other words my card was charged.

 

 

I told barclays I never gave permission for those details to be stored and clearly asked them not to use this details again

when their rep asked if they could.

 

 

They knew this was unlawful as they later refunded the money and offered a compensation of £50 against my demand of £600 which I believe was just.

This was the stalemate we were on when the account was sold.

 

 

Some of these information I retrieved during today's call as I was beginning to forget some details

[oleg]

Am mystified as to how Mercers [part of Barclays] could not have your Barclay card details anyway. Besides they have right of set off if you're in arrears. Maybe I've missed something.

 

However, it's a matter between you and Barclays, not you and MK.

 

You have not typed out the particulars of claim, needed for defence due in by 4 p.m.

 

As agreement was 2002 the Opposition would have been required to produce a copy of the original to enforce their claim.

 

Did you take them your CCA / CPR 31.14 requests?

[tofam]

I have prepared the CPR31.14 but yet to hand it over as I realised I need a £1 postal order and the post office have closed.

 

 

I will get the postal order tomorrow and take it to the.

 

Thanks for your prompt responses.

 

Just wondering why MKDPP LLP did not accept a settlement offer of £1000 when they stand to get nothing if they go to court as I have no income.

 

 

All they will achieve is getting a CCJ against me which will not materialise into money

[dx100uk]

no need for £1 with CPR

only the CCA request.

 

so barring your dispute, and that is p'haps a CPA issue which is outside of this claim.

 

have you filed the holding defence/nopaperwork defence yet?

 

if not you need to find it

post it up

 

and get it checked and do so

 

dx

[tofam]

Please how do I go about submitting this request and where can I find the form or template. Online? Thanks

[SabreSheep]

you made them an offer of money, now they can smell it.

 

CPR does not require the postal order.

 

A CCA however does

[dx100uk]

Please how do I go about submitting this request and where can I find the form or template. Online? Thanks

 

it is not a template

it needs to follow their PoC

 

it is in many threads here

 

and in

 

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

 

have a look

give it a go

and we'll help later

[tofam]

Thanks DX. Please I'm I to handover both the CCA and CPR 31.14 or just one will suffice?

[dx100uk]

sorry doesn't read right?

 

 

cpr 31:14 goes to the sols free

in the green library tab top left - legal section

 

 

 

CCA request goes to the CLAIMANT £1 blank PO

 

 

dx

[dx100uk]

Thanks Dx.

 

Please who are the sols in my case to send the cpr 31.14

and Still cant find the thread with the holding/nopaperwork defence.

 

I however found this on the net:

 

Defence

1.The claimants 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 CPR.

 

2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

 

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

 

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

 

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

It this ok to use.

 

no that's not come from a recent cag thread

load of twaddle

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429565-MKDP-Barclaycard-claim-form

 

 

dx

[oleg]

Claimant and solicitor are same, so both requests go to M K.

 

Postal order is not a legal requirement just a precaution [unnecessary in my personal opinion] to prevent other side lifting your signature from a cheque to fabricate [eg] a CCA. As you said you could go to M K yesterday, I don't understand how post offices would have been closed. That aside, you could easily have enclosed a £1 coin go the envelope.

 

Choose a more recent defence from the Legal Successes link, such as what d x suggested above. Ensure any references within it still make sense in the context of your case, especially wrt the POC. In particular you better not stipulate what date your CCA, CPR were submitted. Just state that you delivered them in person and are awaiting a reply to both.

 

If M K have already contacted the court, absent your having defended, then I'm afraid you'll have to brace yourself for the inevitable. Check the claim status on mcol before wasting precious time visiting M K.

[tofam]

I have now handed the CCA and CPR 31.14 to to them at MKDPP. Holding defence has also been posted by recorded delivery to the courts

[oleg]

If you get time, also send the defence online via mcol so that it is received today.

 

 

That way you not only gain an extra day to prevent M K applying for judgment,

you also get immediate confirmation of receipt by the court.

 

When you are free,

you should post up your defence,

so we know what we are working around.

 

 

We usually ask that this be done in advance, so that we can check and , if necessary, tweak.

 

 

However, I appreciate that you have been under considerable hassle with this matter.

[tofam]

Hello,

Just to give an update on the issue.

 

 

About 2 weeks ago I received a mail as attached from MKDP.

 

 

On the 30th I received a similar (sake for the date) mail dated 26/01/15 from them

and don't understand why they are resending same mail 2 weeks apart.

 

 

Over the weekend I received a mail from the court proposing to allocate the claim to a Small Claims Track

with an option to have it settle by mediation.

 

 

They have given me until 16th of February to respond or will set a date for hearing.

 

 

Not sure what my response should be.

 

 

Regards