MKDP - claimform - 1st direct Credit Card - help

[CathW]

We have 2 credit cards and a overdraft with First Direct

 

upto about 2 months ago we used to bank with them

 

pay them what they were asking for on the credit cards but paying the other credit cards £1-50 per month.

 

We didn't realise that First Direct had put a stop on us using the cards and sent a income and expenses form out which I duly filled in.

 

I have set up standing orders with our new bank to pay £1-50 on the 14th of each month

 

today 2/11/2011 I received a call saying that F D realised that we had a short fall each month and would not accept the payment

and will now put the debt with a company called Metropolitan Delt Collection who will be in contact with us.

 

Should I continue to pay £1-50 per month to the 3 accounts or wait to hear from Metropolitan Debt Collection

(I have never signed a contract with these people).

 

Regards

CathW

[citizenB]

Metropolitan Collections are DCA most commonly linked to HSBC.

 

Are they going to amalgamate the 3 accounts so that you just have to pay the one payment ?

 

You should continue to make payments to FD until you hear from Metropolitan, the payments will be transferred to them.

[CathW]

Thank you citizenB

[CathW]

today 30 Nov both myself and husband recieved a letter from FD saying that we have been unable to agree a mutually acceptable way forward

and they now demand the full payment which includes interest and pre-notified charges to the date of this demand.

 

 

Further interest will be added on the same basis as presently applies until the date of the full repayment.

 

You have seven days to reply in full or let us have satisfactory proposals for repayment by instalments or otherwise.

If immediate repayment in full cannot be made, the enclosed financial statement must be completed and returned.

If you fail to comply with this demand we may instruct Metropolitan Collection Services Ltd to collect the debt on our bahalf.

 

As our financial situation has not changed since the last statement that was sent back to the 31 Oct

do we send them a copy of the previous statement and continue to pay the monthly instalments.

 

Any sugestions would be greatly appreciated.

[citizenB]

Was there an agreement with FD to pay the £1.50 per month ? If so, just write back to Met Collect and tell them so. You can also confirm that having already completed a financial statement and given it FD then they should obtain a copy from them.

 

However, with most companies you will be expected to update a Financial statement at least every 6 months.

[CathW]

No we haven't heard anything from Met Collect just had the letters from FD aaking for the financial statement

which was sent to them 31 Oct and them asking for satisfactory proposals to pay them back.

 

We have already told them that we can only pay £1-50 per month on each account (which we have a S O set up for).

 

 

This is the 2nd time that FD have asked for a financial statement in a month and also the 2nd time in a month that they have threatened us with Met Collect

but we have heard nothing from Met Collect yet.

 

Sorry for the confusion.

[citizenB]

They are on a power trip, Cath. twice in a month..!!

 

Have a read of the following docs.. bit long but worth it. The Lending Code and The OFT Guidance publication on Debt Collection.

 

You only really need to read Section 9 onwards in the Lending Code.

[CathW]

I know this is a long way down the line but I have had various threats from DCA'a and Solicitors which I have dealt and they have left me alone.

 

The last Solicitors were DG Solicitors (1st letter 8 Feb 2012) to which I replied by sending Non Negotiable letters

with a copy of my Common Law Copyright Notice (as adviced to do by another Debt site)

 

4 Apr 2012 (received 11 Apr 2012) I received from Northampton CCBC a claim form from DG Solicitors saying that I owed £....-..

 

 

I duly hand delivered this back unsigned (as told by another debt website)

with a covering letter saying that there is nothing for the Court to deal with as I would be happy to pay upon proof of the debt.

 

29 Apr 2013 I then received a letter from DG Solicitors (dated 26 Apr 2013) saying that they enclose a copy of the credit agreement

which I signed 12 Dec 1996 and no signature from the bank, there is a circular stamp with ? and a date that is illegible.

 

Yesterday I rang Northampton CCBC and asked if the claim was still open and was told yes.

I then asked if the case had been Stayed to which I was told yes 28 May 2012,

 

 

I asked why I had not been informed of this by either themselves or DG Solicitors and was told that they did not have to inform me

and I was also told that DG Solicitors had to reply within 28 days from 28 May 2012 to which they had not.

 

I mentioned to Northampton CCBC that I had received a letter from DG Solicitors (which they had not received a copy)

and was told that if I did not contact them by 13 May 2013 then DG Solicitors could apply to Northampton CCBC to remove the sta

y and I would be issued with a County Court Judgment.

 

Ant advise as to what to do now would be greatly appreciated as I can not sleep due to worry of the CCJ.

Thank you

Edited May 3, 2013 by citizenB
formattiang

[citizenB]

I know this is a long way down the line but I have had various threats from DCA'a and Solicitors which I have dealt and they have left me alone.

The last Solicitors were DG Solicitors (1st letter 8 Feb 2012) to which I replied by sending Non Nnegotiable letters with a copy of my Common Law Copyright Notice (as adviced to do by another Debt site)

 

4 Apr 2012 (received 11 Apr 2012) I received from Northampton CCBC a claim form from DG Solicitors saying that I owed £....-.. I duly hand delivered this back unsigned (as told by another debt website) with a covering letter saying that there is nothing for the Court to deal with as I would be happy to pay upon proof of the debt.

 

29 Apr 2013 I then received a letter from DG Solicitors (dated 26 Apr 2013) saying that they enclose a copy of the credit agreement which I signed 12 Dec 1996 and no signature from the bank, there is a circular stamp with ? and a date that is illegible.

 

Yesterday I rang Northampton CCBC and asked if the claim was still open and was told yes. I then asked if the case had been Stayed to which I was told yes 28 May 2012, I asked why I had not been informed of this by either themselves or DG Solicitors and was told that they did not have to inform me and I was also told that DG Solicitors had to reply within 28 days from 28 May 2012 to which they had not.

 

I mentioned to Northampton CCBC that I had received a letter from DG Solicitors (which they had not received a copy) and was told that if I did not contact them by 13 May 2013 then DG Solicitors could apply to Northampton CCBC to remove the stay and I would be issued with a County Court Judgment.

 

Ant advise as to what to do now would be greatly appreciated as I can not sleep due to worry of the CCJ.

Thank you

 

Oh dear, so you have not submitted a defence ?

 

The court does not notify when a claim is stayed. IMHO it is wrong, but there you go.. Who are you supposed to contact by 13th May, the court or DG solicitors.. sorry but your post is a little muddled.

 

I think the advice you have been given by another site will probably leave you with a default judgment. I will try and find someone who can help you.

[AndyOrch]

You will be informed of any application to lift the stay and be allowed to respond or object....they wont attain a judgment automatically the process will just proceed.They will have difficulty explaining why it has been left so long and why they now wish to proceed though.

 

Regards

 

Andy

[CathW]

Thank you Andy, I just thought that I would ask and I must admit that I thought the same but just wondered if anyonedid.

[CathW]

Good afternoon,

 

In Sept 1996 my husband and myself opened a first direct bank account and we both took out first direct credit cards.

 

 

We were paying on a monthly basis what they asked for

 

 

in Nov 2011 we were finding it hard to make the payments

we asked if we could reduce the monthly payments between £1- and £2

- to which the bank agreed and they asked if we could send back the cards which we did.

 

 

The reduced payments were made upto Feb 2012 and then the bank stopped taking them.

 

Various DCA's and Solicitors became involved and we sent out letters as adviced by another site

and to ask for a Credit Agreement to which some of them sent a copy of the new application form that we dated 28 Sept 1996.

 

Regarding my husband's credit card MKDP became involved ref a letter from the bank 5 Apr 2013.

We also sent a letter to MKDP asking for for a credit agreement to which they sent a copy of the new application form

(which was virtually impossible to read and it had a received date stamp on it 1 Oct 1996).

 

He sent another letter asking for the same and was told that as he had signed it then the date stamped was classed as the banks signature.

 

He received forms from NCCBC

N1CPC, 3 June 2014 (dated 29 May), he was told by another site to send back and say that he would pay to pay upon proof

that he had a contract with MKDP (sent 14 June)

 

N149A, 19 July (dated 16 July) another letter sent 2 Aug saying as above

 

N24, 8 Aug (dated 6 Aug)

 

N180 filled in and returned to NCCBC 13 Aug

 

N271, 26 Sept (dated 24 SEpt)

 

N24, 15 Nov (dated 12 Nov)letter sent saying that he did not receive a Notice of Allocation.

 

26 Nov (dated 24Nov) he received a letter from HM Courts & Tribunals Service

saying that he had to fill in N244 and send a cheque for £155

-, which he did 14 Jan 2015 and sent a Defence Statement and a recorded copy to MKDP.

 

He then received N24, 23 Jan (dated 22 Jan saying that he had to go to Court 5 Feb.

 

23 Jan (dated 22 Jan) he received a copy of a Witness Statement that MKDP had sent to the Court

which included a copy of the new application form again this was virtually impossible to read,

which was for both his credit card and the joint account.

 

At the hearing the Judge said that the new application form was classed as a credit agreement.

My husband mentioned the consumer credit act 1974 which he was told by the judge that this didn't stand.

 

MKDP mentioned 13.2 and 13.3 to which she said that they would stand by 13.2 (whatever these are).

 

She also mentioned cost for MKDP of £120- plus vat to which the judge knocked down to £75-.

 

The judge said that the application was to be dismissed and my husband would get paperwork through the post

to which the costs would have to be paid by return, but no mention of the debt.

 

Sorry if this is long winded but is there anything that can be done

as I think the judge was not acting by the law.

 

Thank you

[dx100uk]

can I politely say you need to stay and follow the advise issued by this site

the other one sounds a bit Freemen of the land to me.

 

 

so this application form?

 

 

can we see it please

 

 

IS IT the one he signed all those years ago

and does it have all the T&C with it?

 

 

dx

[AndyOrch]

Hi Cath

 

Reading between the lines on your last post...the claimant attained a default judgment and you made application to set a side and the court rejected it or allowed it...its not clear from your post?

 

13.2 and 13.3 are Civil procedure rules on setting a side a default judgment.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2

 

Andy

[citizenB]

Cath, responding to your email to admin. To attach documents to your posts, scan and convert them to pdf format

 

use the "go advanced" button at the bottom right of a reply box > scroll down a little and click on the "manage attachments" button. Then follow the instructions from there.

 

>add files > select files (from your computer) > insert files > done

 

Try to keep your files reasonably small.. eg.. don't try uploading files that are 2, 3 and 5 + mb !!

[CathW]

Thank you

[CathW]

Hi,

I have enclosed a copy of the new application form dated 28 Sept 1996

which did not include the terms and conditions and as you can see it is almost impossible to read.

 

In my defence dated 30 Nov and hand delivered to the Court 1 Dec 2014

I said that I could not recall ever signing a agreement

 

on 22 Jan 2015 I was sent a copy of MKDP's Witness Statement which included a copy of the New Application Form to open a bank account.

 

Regarding the Court Case

the Judge dismissed my Defence

 

when I mentioned the Consumer Credit Act 1974 he said that this does not apply to this case,

 

MKDP asked for costs of £120- plus vat which the Judge knocked down to £75

- which would have to be paid within 14 days after the court case,

 

this he said would be confirmed in a letter and there was no mention of paying the outstanding debt.

 

Thank you

[AndyOrch]

Cant read them Cath...too small....all uploads must be pdf format not jpeg

 

Andy

[dx100uk]

PDF them please

[CathW]

Sorry about the delay, but here is the pdf copies of the new application form that the judge said was the credit agreement

[AndyOrch]

Illegible......still if the judge dismissed your application to set a side then that is the end of the matter...you now need to arrange payment of the judgment debt.

 

Andy

[CathW]

Sorry and thank you

Cath

[dx100uk]

time to get an sar off and get reclaiming

 

 

dx

[CathW]

Thank you dx,

The Court hearing was 5 Feb and as of today's date my husband hasn't received anything from the Court saying anything about payment.

Cath

[dx100uk]

be careful about those costs and the 14 days you mentioned?

 

 

dx