MKdp llp claimform - old barclaycard 'debt'

[dx100uk]

PDF please

 

can we see the defence you filed please

 

you never came back with it before filling.???

 

no good disappearing for weeks

 

without updating us sooner on your actions

 

dx

[tofam]

I'm so sorry I did not submit the defence filed.

 

 

I had run out of time and have been immersed in my uni exam.

 

 

I have attached both the defence letter and letter from MKDP.

[dx100uk]

good well done great defence

how your exams were as good as that

 

 

no need to worry about that MKDP letter

syd rubbish

 

 

dx

[tofam]

Thanks so much DX.

 

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. How do I respond to the mediation aspect?

[dx100uk]

typically yes you should always indicate you are willing to mediate

[tofam]

Hello,

 

In response to the CCA request,

I received a mail dated 10th April 215 from MKDP LLP asking me to withdraw my Defence

and contact them with my repayment proposal based on the documents enclosed in the mail.

 

 

Enclosed in the mail is a reconstituted copy of the credit card agreement together with a copy of the terms and condition of the agreement.

 

I notice that none of the documents sent has my signature. I wonder if this should be the case.

 

Also while the terms and conditions of the agreement appear to have been issued while at my current address,

the agreement appear to have been reached while at my old address.

 

The first page of the agreement has my old address and a text in a box which reads "YOUR RIGHT TO CANCEL:

Once you have signed this agreement, you will have for a short time to cancel it.

Exact details of how and when you can do this will be sent to you by post".

Yet my signature is not on the agreement sent.

 

There are also about 3 months statement of account included in the mail.

 

I'm lost on what to do now and

 

 

can I capitalise on absence of my signature on the agreement

as I believe they do not have the original agreement.

 

Regards

[dx100uk]

if the agreement was taken out before apr 2007

they'll need the signed agreement

 

 

end off.

 

 

dx

[tofam]

Thanks DX for your prompt response>

 

It definately was taken out around 2001/2002. Should I write them requesting the signed copy? I also wonder if there is a time limit within which these documents should have been sent to me.

[dx100uk]

nope next move is theirs

 

 

dx

[tofam]

Hello.

 

 

Latest regarding my case with MKDLLP is that the mediation team was unable to secure an appointment

and the case has now been scheduled for 7th of July.

 

 

I got a mail from MKDP today enclosing default notice supplied by the original lender ( Mercers Debt Collections on behalf of Barclaycard)

which I'm sure was never sent to me as I did not know who Mercers was until a debit appeared in my bank statement without authorisation.

 

They still have not sent my the original agreement signed by me neither have they said anything about it.

 

Please how do I use this to my advantage in court as I cannot afford a barrister.

 

 

Should I also call them days before the hearing to request for the signed copy as this might make them pull out of the hearing?

[dx100uk]

until / unless they supply an enforceable and signed agreement

they can send you all the bog paper they like.

 

 

next move is theirs as said before

 

 

if they wish to pay and move the case forward.

 

 

dx

[tofam]

Thanks DX for your usual prompt response.

 

 

It's clear to me that the next move is theirs.

 

 

What if they've intentionally withheld it and present it in court on demand and give an excuse for not sending it earlier.

 

 

If however they were unable to present it, where precisely in law do I quote to the judge that they need to present this to make the agreement enforceable.

 

 

Sorry for my lack of court proceedings.

[dx100uk]

they cant surprise you with anything in court

they have to disclose everything they wish to rely on.

well before hand, if they wish to progress.

 

 

don't forget you need to read a few threads too

its a self help site as well....

[tofam]

Hello.

 

 

I returned from a brief visit out of the country to meet a witness statement from the external account manager of MKDP LLP.

 

 

I am in the process of writing mine and personally taking a copy to their office tomorrow as the hearing is on the 7th.

They have indicated in their cover letter that the witness will not be attending the court (sounds like a plus).

 

 

In the background of the witness statement, they indicated that the agreement was taken out in July 2002 and attached a copy of reconstituted agreement.

 

 

They referred to the case of Carey v HSBC to support the provision of the reconstituted agreement as acceptable to satisfy s78 instead of the actual signed agreement .

 

In response to my defence to the claim, they said they will respond to it by saying that the reconstituted agreement

has been sent to me and the agreement is therefore enforceable referring again to the paragraph in with the Carey v Hsbc case was cited.

 

The case of Carey v HSBC from my view appear to be what the witness statement is anchored on as they forsee

I will draw the attention of the judge to the fact that my signature is missing on the credit agreement that they provided.

 

Please,

how do I go about countering their witness statement

and is their a case law in my favour

and where in law can I refer to that unequivocally states that a copy of the originally signed agreement has to be produced.

 

 

I have read quite e few thread but can seem to find the information needed.

[AndyOrch]

The original only need be produced if your agreement is pre April 2007.You stated in your post#6 at the start of this thread you didn't know?

 

sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:

 

"The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

 

Andy

[tofam]

The original only need be produced if your agreement is pre April 2007.You stated in your post#6 at the start of this thread you didn't know?

 

sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:

 

"The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

 

Andy

 

 

Thanks Andy. I actually entered the agreement in July 2002 which we'll before April 2007. Still bit confused with the interpretation of s127(3).

Can I use this as my main defence despite the Carey V HSBC case?

[tofam]

I have been able to put together the attached statement overnight and will be like your view on it asap as I have to submit to the court this morning. My intention is to take MKDP copy to them late in the afternoon so that there will be no time for them to correct their mistakes. Thanks

[AndyOrch]

Excellent .......nothing further to add tofam.

 

Regards

 

Andy

[tofam]

Excellent .......nothing further to add tofam.

 

Regards

 

Andy

 

Thanks so much Andy.

[tofam]

I have just returned from the court.

 

 

The Judge has adjourned the case till early August saying that he wants to allow the Claimant to respond to my statement

as it was only submitted yesterday and their representative said she has no knowledge of my statement.

 

 

From the little proceeding we had,

what surprised me was that the Judge was going to accept the reconstituted version of agreement based on the Carey V HSBC case

even though I pointed out that my agreement is pre 2006.

 

 

The judge has also allowed them to file in a new witness statement which means that they can correct all mistakes made in the previous statement.

 

The judge did not also consider other issue raised in my Defence to the claim

 

Regards

[AndyOrch]

Why did you submit your statement late? Did you receive theirs?

[tofam]

The hearing letter from the court has no direction whatsoever on it. It simply says that the court date has been fixed for 7th of July and a time of 90mins will be allowed. Its the same latter sent to the Claimant. I was out of the country briefly and only returned on Friday to meet their witness statement and that prompted me to respond.

[AndyOrch]

When you submitted your DQ did you never receive Notice of Allocation...this directed mediation and the courts directions...what and when by date?

[tofam]

I received a mail saying that the mediation team has been unable to secure a mediation and that the case will be transferred to the county court for hearing.

 

 

I later received the court hearing mail as I said earlier.

 

 

The same letter I received is the same the claimant has annexed to their witness statement.

 

 

Not sure if it a letter with directions was sent out by the court but the Judge mentioned that the rate of undelivered mail has been alarming in the past year or so

[AndyOrch]

Well as the Claimant served their Witness statement on time I assume you have never received the Notice of Allocation...have you done Standard Disclosure?