MKDP Claimform - old Barclaycard 'debt'

[Mr Wits]

Good Evening Andy

 

Just a quick question what was the out come on this as I have the same problem and the amount been claimed is £2363.81 plus Court Fee £105.00.

 

I have sent off a CPR 31.14 Request and Section 78 Request Yesterday.

 

Do I now acknowledge the case online and submit the below Defence?

 

I have used the example above is this correct in my case:

 

POC:

 

1.The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

2.The defendant's account number was ************ and was assigned to the claimant on **/**/2013,

notice of this has been provided to the defendant.

3.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.

4.The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

---

#####Defence######

 

1.Paragraph one is noted, I have in the past had financial dealings with Barclaycard but I am unaware of any balances outstanding.

 

2. Paragraph 2 and 3 are denied I am unaware on any legal assignment in connection with the above account number. With regards to any default the assignee would not be in a position to know if I defaulted or was served with a valid default notice having only acquired the alleged debt in**/**/2013.

 

3.Paragraph 4 is therefore denied.The claimant has not complied with any pre action conduct,they have not served a letter before action.

 

4.. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and also declined to respond with regards to my CPR 31.14

 

 

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; and

(b) show how the Claimant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;and

(d) show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by Barclays or the claimant has served since any alleged assignment.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Until such time The Agreement is disclosed it cannot be enforced against the Defendant without an order of the court.

 

6. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Hope some one can look into this for me?

 

Kind Regards

 

Wits End

[Mr Wits]

Good Evening Andy/Hereigo,

 

Just a quick question what was the out come on this as I have the same problem and it is exactly the same as above but the amount been claimed is £2363.81 plus Court Fee £105.00.

 

I have sent off a CPR 31.14 Request and Section 78 Request Yesterday.

 

Do I now acknowledge the case online and submit the below Defence?

 

I have used the example above is this correct in my case:

 

POC:

 

1.The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

2.The defendant's account number was ************ and was assigned to the claimant on **/**/2013,

notice of this has been provided to the defendant.

3.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.

4.The claimant claims the sum of ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

---

#####Defence######

 

1.Paragraph one is noted, I have in the past had financial dealings with Barclaycard but I am unaware of any balances outstanding.

 

2. Paragraph 2 and 3 are denied I am unaware on any legal assignment in connection with the above account number. With regards to any default the assignee would not be in a position to know if I defaulted or was served with a valid default notice having only acquired the alleged debt in**/**/2013.

 

3.Paragraph 4 is therefore denied.The claimant has not complied with any pre action conduct,they have not served a letter before action.

 

4.. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and also declined to respond with regards to my CPR 31.14

 

 

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; and

(b) show how the Claimant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;and

(d) show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by Barclays or the claimant has served since any alleged assignment.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. Until such time The Agreement is disclosed it cannot be enforced against the Defendant without an order of the court.

 

6. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Hope some one can look into this for me?

 

Kind Regards

 

Wits End

[honeybee13]

Hello there.

 

Could you have a read of the forum stikky and provide the extra information please? This will help the guys to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%281-Viewing%29-nbsp

 

HB

[Mr Wits]

Good Morning,

 

 

Thanks for the reply and help, I have amended the below information:

 

 

Name of the Claimant ? MKDP LLP

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 19th March 2015, so submit defence by Monday 20th April which is 33 Days??

 

What is the claim for – the reason they have issued the claim?

 

 

1.The claimant claims the sum of £2364 being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard.

2.The defendant's account number was ************ and was assigned to the claimant on 20/02/2013,

notice of this has been provided to the defendant.

3.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.

4.The claimant claims the sum of £2364 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? £2364 plus Court Fee £105 = £2469

 

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Barclay's Credit Card

 

When did you enter into the original agreement before or after 2007? After 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. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, don't think so

 

Did you receive a Default Notice from the original creditor? No, Don't thick so

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Unemployed

 

What was the date of your last payment? Can not remember, but think it was a good few years ago, Account was opened on the 12/02/2010.

 

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? Yes, I think I set up a repayment plan with Barclaycard.

 

 

 

Hope some one can help?

 

 

Kind Regards

 

 

Mr Wits

[SabreSheep]

OK so after 2007 means they do not require the original to enforce

 

Any overlimit and late payment charges on the credit card?

[Mr Wits]

Good Afternoon All,

 

 

Yes quite a few late payments

 

 

Kind Regards

[SabreSheep]

ok you need to find the statements for every late payment charge and stick it in a interest calculater. use 29.99% apr

See how the figure comes out.

 

Problem you have here is that time is of the essence. Normally Id advise doing a full SAR to barclays to get the statements. I would do so anyway as they can be reclaimed form barclays as an aside from this case.

 

The alternative is that if you have all the paperwork that you can use the figures to do a counterclaim.

 

Await advice from the others

[Mr Wits]

Good Evening,

 

 

Thanks for all your help in this, could any one else help me in what to do next?

 

 

Kind Regards

[AndyOrch]

I have created your own thread Mr Wits.

 

If you could read the following ...posting your responses here to enable the correct advise with regards your defence.

 

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

 

Regards

 

Andy

[Mr Wits]

Good Morning All,

 

 

Just wanted to know what to do, should I try to defend this?

 

 

Should I also acknowledge online?

 

 

Kind Regards

[SabreSheep]

Definatly acknowledge online. Defend all. That buys you time.

 

Get that SAR off to bc as well

[citizenB]

19th March 2015, so submit defence by Monday 20th April which is 33 Days??

 

Yes, this is correct, however you need to acknowledge the claim first or they will obtain a default judgment.

 

Timeline :

 

Date of issue - 19.03.2015 + 5 days for service = 23.03.2015 + 14 days to acknowledge = 06.04.2015 + 14 days to submit defence = 20.04.2015

 

 

 

You set up a repayment schedule with B/shark, why did you discontinue this ? If you are not a property owner, it might well be in your interest to prepare a budget sheet, either complete the one below or make contact with National Debtline

 

https://www.nationaldebtline.org/EW/Pages/default.aspx

 

and ask them to help you prepare a common financial statement - then make contact with the Solicitor named on the claim form and see if they will entertain a new payment schedule which you will need to stick to.

Ellens Budget Sheet.xls

[Mr Wits]

Good Afternoon All,

 

 

Thank you so much for that information SarbreSheep/Andyorch/CitizenB,

 

 

I have acknowledged the claim online and sent the Subject Access Request to Barclaycard.

 

 

Now do I still send CCA and CPR 31-14 to the claimant?

 

 

Any idea what to put as a defence?

 

 

Kind Regards

[citizenB]

Good Afternoon All,

 

 

Thank you so much for that information SarbreSheep/Andyorch/CitizenB,

 

 

I have acknowledged the claim online and sent the Subject Access Request to Barclaycard.

 

 

Now do I still send CCA and CPR 31-14 to the claimant?

 

 

Any idea what to put as a defence?

 

 

Kind Regards

 

CCA request to Claimant

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

CPR31.14 to Solicitor

 

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

 

You can only request documents that are mentioned or implied within the PoC.

 

I think in your case that would be.

 

1: The Agreement, any terms and conditions from both inception and current (or at default) and any variations

2: Notice of Assignment

3: Default Notice

4: Statement of account showing how the amount claimed has accrued and to identify any default/penalty charges.

[Mr Wits]

Good Afternoon CitizenB,

 

 

Thanks for all the info, will get these sent off today

 

 

Kind Regards

[AndyOrch]

I removed the last 2 posts MR Wits as I noticed you had already provided it above.

 

Wait until you get any responses to your CPR and CCA requests and then we can look at what defence can be offered in response.

 

Regards

 

Andy

[Mr Wits]

Good Morning One and All,

 

 

Hope you all had a great Easter?

 

 

Just an update on the situation, I sent all the paper work that was mentioned above on 25th March 2015. But I have had no replies from anyone yet and I need to action a defence by the 20th April 2015 or before if possiable.

 

 

Any ideas on what to do next?

 

 

Hope some one can lead me in the right direction?

 

 

Kind Regards

[AndyOrch]

Start to prepare a defence...you will find many examples of holding defences in the following forum...

 

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

 

Find one as similar to yours (possibly the same claimant and particulars of claim) and have a go at drafting a defence....with the information you have or don't have so far.

 

Post it here before submitting.

 

Regards

 

Andy

[Mr Wits]

Good Morning Andy,

 

 

Just a quick update: CPR and CCA Request were received and signed for on the 27th March 2015. As yet no reply from anyone.

 

 

My Defence below, hope you can look over it for me:

 

 

The particulars of the claim are as follows:

 

1.The Claimant claims the sum of 2,363.81 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

 

2. The Defendant's account number was************* and was assigned to the Claimant on 20/02/2013, notice of this has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the Consumer Credit Act 1974.

 

The Claimant claims the sum of 2,363.81 and costs. The Claimant has complied, as far necessary, with the pre-action conduct practice direction.

 

 

Proposed Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph 1 is noted from a vague recollection I have had financial dealing with Barclaycard in the past but I am unaware what the claimants refer to, in particular or the account number in question.

 

3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. Paragraph 3 is denied. If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago.

 

5. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not.

 

6. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

 

 

7. Notwithstanding the above a request was made under the customer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

 

A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not yet responded to that request.

 

8. It is therefore not accepted 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 with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[honeybee13]

Hello there.

 

I expect andyorch will be along later with expert advice. Just a picky point: you have two no. 7.'s.

 

HB

[Mr Wits]

Good Morning Honeybee13,

 

 

Dually Noted ;-)

 

 

Many Thanks for letting me know

 

 

Kind Regards

 

 

Mr Wits

[AndyOrch]

Hi

 

Just your point 4. needs attention....

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the consumer credit Act 1974.

 

 

Proposed Defence

 

4. Paragraph 3 is denied. If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago.

 

They are referring to the OC and your default with then....not themselves.......its a plea often made to bring in the action of the default Notice statement...its obvious that there must be missed payments to enable the original creditor to issue a Default Notice....(if one was ever issued) simply deny ever receiving a Default Notice (if that's true) and you can expand and add.......

 

If the original creditor has issued a default notice, which is denied....then they have also failed to serve any Notice of Sums in Arrears pursuant to the CCA2006 sec86C also, nor has the Claimant as Assignee since any alleged assignment.

 

Pursuant to section 86D should the creditor or owner fail to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

Regards

Andy

[Mr Wits]

Hi Andy,

 

 

Many Thanks for getting back to me so fast, here is the amended version that I will be submitting today:

 

 

The particulars of the claim are as follows:

 

1.The Claimant claims the sum of 2,363.81 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

 

2. The Defendant's account number was************* and was assigned to the Claimant on 20/02/2013, notice of this has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the default notice has been served pursuant to the Consumer Credit Act 1974.

 

The Claimant claims the sum of 2,363.81 and costs. The Claimant has complied, as far necessary, with the pre-action conduct practice direction.

 

 

Proposed Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph 1 is noted from a vague recollection I have had financial dealing with Barclaycard in the past but I am unaware what the claimants refer to, in particular or the account number in question.

 

3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. Paragraph 3 is denied. If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago. If the original creditor has issued a default notice, which is denied....then they have also failed to serve any Notice of Sums in Arrears pursuant to the CCA2006 sec86C also, nor has the Claimant as Assignee since any alleged assignment.

 

Pursuant to section 86D should the creditor or owner fail to provide a notice of sums in arrears when required to do so, then during the period of his failure to provide the notice (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

5. It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not.

 

6. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

 

 

7. Notwithstanding the above a request was made under the customer credit Act 1974, by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

 

A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not yet responded to that request.

 

8. It is therefore not accepted 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 with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

11. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

If you can just cast your eye for the last time over this?

Kind Regards

Mr Wits

[AndyOrch]

[Mr Wits]

Good Afternoon Andy,

 

 

Hope all is well?

 

 

I have received a lot of information back from Barclay's and MKDP relating to this court case, I will list them below and see what you think:

 

 

1) MKDP have sent me a Directions Questionnaire for my records and also the Court has sent me the same thing. Can I fill this out online?

 

 

2) MKDP have sent me a letter with the following:

 

 

We write with reference to your response to our claim.

 

 

Please be advised that we do not accept the contents of your defence and have therefore informed Northampton (CCBC) County Court that we intend to proceed with the claim.

 

 

The court will write to you in due course.

 

 

However, we are mindful of the uncertainty and expense associated with legal action and therefore we are willing to offer you a 20% discount on the outstanding balance in full and final settlement of our claim. The settlement figure may then be paid either by way of a lump sum or instalments based on your financial circumstances.

 

 

3) MKDP have also sent me information on my Credit Agreement

 

 

4) Barclaycard has sent me all info on my Subject Request

 

 

So was wondering where to go from here??

 

 

Thanks for all your wisdom and knowledge

 

 

Kind Regards

 

 

Mr Wits