MKDP Claimform - Old Barclaycard 'debt'

[dx100uk]

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[richardbox82]

[ATTACH]56110[/ATTACH]

 

This is the Barclaycard application dated 1997 which was sent to me, also this is the quality of the print I received it in?

 

Is this enforceable?

Edited February 21, 2015 by richardbox82

[AndyOrch]

Best of luck to the claimant with that disclosure:lol:

[richardbox82]

Please could somebody give me some ideas as to how to construct a defence to this application form which the claimant plans to use in their defence and is clearly a copy of a microfiche copy and is hardly legible?

[dx100uk]

scan it up

 

 

what defence did you file please

post that up too

ideally you should have posted it here FIRST

 

 

please^^^^

 

 

dx

[richardbox82]

1. Ixxxxxxxx xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

2. The claimants claim form fails to adequately or even accurately set out the nature of the claim.

3. The defendant avers that the claimant’s pleadings are an abuse of process.

The claimant’s pleadings are lacking detail; there are no details as to when the alleged agreement was entered into by the defendant.

4. The claim form itself is incorrectly served and in breach of Civil Procedure Practice Direction 22, section 3.10.

5. The defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3

that the claimant does provide a Certified Copy of the alleged EXECUTED written CREDIT AGREEMENT

no. xxxxxxxxxxxx referred to in the particulars of claim, as the defendant recalls signing no such document.

6. The defendant denies being served a Default Notice /Notice of Termination of Agreement pursuant

to the Consumer Credit Act1974 by Barclaycard for the alleged agreement no. xxxxxxxxxxxxxxx

and puts the claimant to strict proof by providing a copy of said Default Notice /Notice of Termination of Agreement

as referred to in the particulars of claim.

7. The defendant denies receiving a Certified Copy of Notice of Assignment pursuant to the Consumer Credit Act 1974

from the claimant for the alleged agreement no. xxxxxxxxxxxxxxxx, and puts the claimant tostrict proof by providing a Certified Copy

of said Notice as referred to in the particulars of claim.

8. The defendant denies signing any agreement with the claimant and demands the claimant provide a certified

copy of the Deed of Assignment signed by Barclaycard, the defendant & the claimant,

as proof they have the right title and interest to pursue the alleged debt.

The defendant demands that in accordance with s.136 (1) of the law of property act 1925,

that the claimant do provide proof of absolute assignment, by providing a certified

copy of the Deed of Assignment between Barclaycard and the claimant to show proof of complete transfer and

ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge

pursuant to s.136 (1) ©of the law of property act. As referred to in the particulars of claim.

9. The defendant denies agreement to or entry into any contract with the claimant and demands the claimant

provide a certified copy of the Deed of Novation binding Barclaycard, the claimant, and the defendant together in any alleged contract.

10. The claim is therefore denied with regards to the defendant owing any monies to the claimant and the claimant is put to strict proof to:

 

(a)Show how the defendant has entered into an agreement.

(b) Show how the defendant has reached the amount claimed for.

© Show how and when the agreement was breached.

(d) Show how the claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how the defendant has entered into any agreement or contract with the claimant.

 

11.As per Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

 

The Defendant respectfully asks the permission of the court to be allowed sufficient time to submit defence (say 28 days)

once the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

***************

Edited February 28, 2015 by richardbox82

[dx100uk]

1. Ixxxxxxxx xxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

 

2. The claimants claim form fails to adequately or even accurately set out the nature of the claim.

 

3. The defendant avers that the claimant’s pleadings are an abuse of process.

The claimant’s pleadings are lacking detail; there are no details as to when the alleged agreement was entered into by the defendant.

 

4. The claim form itself is incorrectly served and in breach of Civil Procedure Practice Direction 22, section 3.10.

 

5. The defendant demands by reason of the provisions of Civil Procedure Practice Direction 16 para 7.3

that the claimant does provide a Certified Copy of the alleged EXECUTED written CREDIT AGREEMENT

no. xxxxxxxxxxxx referred to in the particulars of claim, as the defendant recalls signing no such document.

 

6. The defendant denies being served a Default Notice /Notice of Termination of Agreement pursuant

to the consumer credit Act1974 by Barclaycard for the alleged agreement no. xxxxxxxxxxxxxxx

and puts the claimant to strict proof by providing a copy of said Default Notice /Notice of Termination of Agreement

as referred to in the particulars of claim.

 

7. The defendant denies receiving a Certified Copy of Notice of Assignment pursuant to the Consumer Credit Act 1974

from the claimant for the alleged agreement no. xxxxxxxxxxxxxxxx, and puts the claimant tostrict proof by providing a Certified Copy

of said Notice as referred to in the particulars of claim.

 

8. The defendant denies signing any agreement with the claimant and demands the claimant provide a certified

copy of the Deed of Assignment signed by Barclaycard, the defendant & the claimant,

as proof they have the right title and interest to pursue the alleged debt.

 

The defendant demands that in accordance with s.136 (1) of the law of property act 1925,

that the claimant do provide proof of absolute assignment, by providing a certified

copy of the Deed of Assignment between Barclaycard and the claimant to show proof of complete transfer and

ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge

pursuant to s.136 (1) ©of the law of property act. As referred to in the particulars of claim.

 

9. The defendant denies agreement to or entry into any contract with the claimant and demands the claimant

provide a certified copy of the Deed of Novation binding Barclaycard, the claimant, and the defendant together in any alleged contract.

 

10. The claim is therefore denied with regards to the defendant owing any monies to the claimant and the claimant is put to strict proof to:

 

(a)Show how the defendant has entered into an agreement.

(b) Show how the defendant has reached the amount claimed for.

© Show how and when the agreement was breached.

(d) Show how the claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how the defendant has entered into any agreement or contract with the claimant.

 

11.As per Civil Procedure Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

 

The Defendant respectfully asks the permission of the court to be allowed sufficient time to submit defence (say 28 days)

once the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

***************

 

 

 

 

 

opps where did you get that from?

 

 

looks a bit FoTl to me?

 

 

certainly not anything from here as advise in post 18

 

 

dx

[richardbox82]

Not one person on this site has offered me any advice other than to ask me post up my personal information for the whole world to see and then criticize my lack of knowledge and then advise me to research information my self on your site? How has anybody here helped me.

[richardbox82]

I came here asking for help?

[dx100uk]

and you were advise on 2nd feb to drop the FOTL twaddle

 

 

yet you went ahead and used it in a defence 12 days later.

 

 

despite on the 3rd being asked to have a go and pop up your proposed defence

for us to help

there was a good 11 days gap.

 

 

so you filed that defence before the due date ok?

 

 

what has happened since?

 

 

dx

[dx100uk]

unnecessary post removed..

 

 

dx

[richardbox82]

I actually found this similar defence some where on this site?

[dx100uk]

well point 10 and 11 might be from here

 

 

the rest is from a freedom of the land site.

can I politely suggest you delete all favourites and bookmarks

to any FOTL stuff now from your computer/mind

as this could now have jeopardised your chances of a probable success in the long run

unless we can undo the damage done.

 

 

please be fair - help us to help you...numerous people advised this as soon as you posted when you came here

...........

 

 

ok so did you file that in time?

 

 

dx

[richardbox82]

Yes I filed my defense in time and received the copy of the application form by special delivery.

[dx100uk]

ok so the next move is for MKDP then

if they want to continue they'll need to pay

to allocate to small claims track or something like that I think.

 

 

any chance you can pop all what they have sent into a multipage word doc

 

 

remove anything that identifies you

and then convert the word doc to PDF and attach it here.

 

 

dx

[richardbox82]

I've pretty much put up everything I've received from MKDP and anything else i receive I'll attach it and post it here.

[richardbox82]

The claimant was to provide there defence by 11th March 2015 and have not done so to date. I have contacted the court and they have advised me that the claim is now classed as a case stayed no action.

 

Can somebody advise me as to my next step from now? Thanks in advance

[SabreSheep]

you have a choice

 

1. Pay the court fee and fill out a form to request the judge strikes their claim out

 

2. Do nothing

[AndyOrch]

I would opt for option 2.

 

Andy

[richardbox82]

Thanks for your replies:-)

 

I haven't heard anything from the Court regarding MKDP?

 

I did receive a Statement from MKDP with the reference a Statement in relation to the below Agreement which is governed by Consumer Credit Act 1974 which they say under CCA Act 1974 they are obligated to send.

 

I've noticed that MKDP have an opening balance starting from 1.4.14 until present? despite the fact that they have been chasing me using different trading names since 2012.

[AndyOrch]

According to their particulars the debt was assigned in 2011

 

" The account number is xxxxxxxxxxxxxxxxxx and was assigned to the Claimant on 19/02/2011,"