MKDP Claimform - Old Barclaycard 'debt'

[richardbox82]

I've been chased by a debt collection agency since 2012

 

have replied with the 3 letters trick from another website

 

 

asking them to validate their claim

to the same company trading under 3 different names all chasing the same debt,

 

 

requesting verification of their claim,

by providing me with true and certified copies (NOT photocopies) of

the original credit agreement

the Deed of Assignment (Not the Notice of Assignment)

and Deed of Novation.

 

I have now received a court claim despite the fact that they had not supplied me with any of the information I requested?

 

I also sent them a letter by 1st class recorded delivery advising them that they had clearly breached their own industry guidelines

and had not followed the pre-action conduct practice direction.

 

I received 2 days later by recorded delivery

a copy reconstituted credit agreement without any signature,

a copy statement and

a notice of assignment on plain paper and

no letter head with a scribbled signature that appears digitally printed dated 5th May 2011?

 

I've also and them cpr 31.14 for disclosure with out any reply.

 

I immediately sent them an Estoppel and

then a Bill as per my fee schedules outlined in my previous correspondence.

 

I've also sent them CC Agreement request letter.

 

Can any body help me prepare my defence before my court deadline which is 17 days from 17th January 2015.

 

Thank you in advance.

Edited February 2, 2015 by richardbox82

[dx100uk]

you need to forget the Freemen of the land stuff

that's why you are in this position now.

 

 

can you please fill this out

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[BankFodder]

Where on earth did you get all this stuff?

 

 

This is exactly why you have lost any credibility with them.

 

 

I hope that there aren't other people sending the same kind of nonsense.

[citizenB]

Can you please provide us with the information requested in post #2 - follow the link that dx left for you and answer the questions, posting them in this thread - then we can help you move forward

[dx100uk]

lets get you moving can you fill that link out please?

 

 

dx

[richardbox82]

Thank you guys:-)

[dx100uk]

we can undo this

but we need the info asked

 

 

dx

[richardbox82]

Date of Claim - 12th Jan 2015

 

Name of Claimant -MKDP

 

 

What is the claim for –

 

The Claimant claims the sum of 7,245

being monies due from the defendant to the Claimant under a regulated agreement

originally between the Defendant and xxxxxxxx.

The account number is xxxxxxxxxxxxxxxxxx and was

assigned to the Claimant on 19/02/2011,

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 credit Act 1974.

The Claimant claims the sum of 7,245 and costs.

The Claimant has compiled, as far as is necessary, with the pre-action conduct practice direction.

 

What is the value of the claim? £7,245

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

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

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 issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can’t recall ever receiving a Notice of Assignment.

Did you receive a Default Notice from the original creditor? I can’t recall receiving this

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

 

I’ve only received demands from the same debt collection company trading under different names but chasing the same debt every year since 2012.

 

Why did you cease payments? My business went under.

What was the date of your last payment? 2010

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

I sent a cpr31.4 request on the 20.1.15 without reply.

I've sent a CCA request today 2.2.15

Edited February 2, 2015 by richardbox82

[richardbox82]

Yes I've acknowledged the claim and have until tomorrow to supply my defense. And yes I do have a MCOL with the claim number and password.

[dx100uk]

so 4pm Friday the 13th defence deadline.

 

 

thread tidied

 

 

irrelevant and duplicate posts removed for clarity.

 

 

dx

[dx100uk]

ok all sorted now

 

 

you don't need to file your defence until Friday week

 

 

so between now and then

suggest you read up on like threads HERE ON CAG

this forum

or

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

 

 

it will most prob be the holding/no paperwork defence

[richardbox82]

I acknowledge service on the 17th January 2015 and stated i intended to defend the claim in full and contest jurisdiction. Thank you so much DX

[dx100uk]

opps ideally you should not have contested juris..

[richardbox82]

I stated that i wanted to contest jurisdiction due to the fact that they had never supplied me with any documents other than requests for payment and pre-litigation notices before making the claim.

[dx100uk]

jurisdiction question is asked in relation TO THE COURT

not the spoofing DCA's claim.

 

court HAS jurisdiction unless you are outside the UK.

 

 

never mind - these things happen when people get taken in by the stupid stupid Freedom of the Land Websites.

 

 

and ofcourse they fleece money out of you too - just like the DCA's..

 

 

no need to pay anyone anything here

nless you want to donate ofcourse

 

 

dx

 

 

dx

[richardbox82]

I was sent a reconstituted copy of a credit agreement with no signature

after MKDP made the claim at the county court

even though i requested a true copies before their claim.

 

 

How shall i word this when preparing my defence?

 

 

Thanks guys in advance.

[richardbox82]

Thanks Dx

[dx100uk]

use the top red toolbar cag search.

 

 

type in

Barclaycard claimform

 

 

and have a read.

 

 

post it up before you file please

 

 

dx

[richardbox82]

Hi Guys

 

 

after putting in my defence denying entering into any agreement and asking them show proof

 

 

I received today a copy of a Barclaycard application

 

 

seems blown up from a microfiche with the print not clear

 

 

but you can see the writing and a signature signed also dated in 1997.

 

 

Please could you advise?

 

 

Thanks guys in advance

Edited February 20, 2015 by richardbox82

[oleg]

Copy of an "APPLICATION" - only ?

[dx100uk]

scan it up

 

 

what defence did you file please

post that up too

 

 

ideally you should have posted it here FIRST

[richardbox82]

Yes just the Barclaycard application blown up from it looks like a microfiche but is this also the agreement?

[citizenB]

Yes just the Barclaycard application blown up from it looks like a microfiche but is this also the agreement?

 

We wont know until you post a copy up for us to see

[oleg]

These Barclaycard application forms were not followed up by executed agreements. Most of the microfiche blow ups are partly or wholly illegible.

 

None of the above would deter MK from trying it on, in case it goes before one of those "all debtors are evil" judges who wave absolutely anything through.

[richardbox82]

How do you upload copies to here?