MKDP/? claimform - old Newday Aqua credit card***Claim Discontinued***

[newdad]

Some help and advice would be greatly appreciated

 

I've received a N1 claim form this morning for a Aqua (New Day Cards ltd) credit card sold to MKDP

The claim is for just under £1300 + £70 court fee.

 

I'm not disputing the debt as I do genuinely owe it and from looking at the balance, minimal late fees/penalty fees were ever applied to the account

 

I'm wondering what options are open to me as

 

 

I contacted MKDP this morning with an offer to make a pay plan.

I explained that I couldn't afford much as I'm on low income and in receipt of benefits such as housing benefit/tax credits/war disablement pension etc.

 

They replied that yes, I can fill out the Admission part of the N1 with an offer of a monthly pay plan,

but they'd still 'file the CCJ' with the court and warned me that it would appear on my credit file...

 

 

..For me personally, a CCJ would be a disaster as my partner and I rent a house and will probably have to move this year

(can't afford the rent' and from what I understand, we'll find it very difficult finding an affordable rental property with a new CCJ on my file)....

 

 

..Are they allowed to accept a payment plan but still CCJ me??

 

MKDP bought the debt on 30/9/2014,

they have sent me some letters asking for repayment,

but to be totally honest, I've buried my head in the sand as I'm feeling buried with the amount of other debt we have and are unable to pay those as well

[SabreSheep]

In order to avoid a CCJ you must DEFEND ALL

 

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

 

PLease copy and paste the answers to the questions here from the link above

 

Please communicate only in writing from now on, the phone is the devils work

 

Regards

 

SS

[newdad]

thanks SS, I'll fill out that link and upload it shortly...

...I have spoken to the court helpdesk who were very helpful...

...The advisor said that worst case scenerio if the claim is correct and proper,

I will still have until 30th May to pay it..

..(April 15th deadline for acknowledgement of service, another 14 days to file defence, if defence is not filed,

MKDP can then ask for default judgement, but even in that scenario,

if it's paid by 30th May, the Court will wipe the CCJ off my records and ask CRA's to update accordingly)

[AndyOrch]

Before making any admittance or considering to make a payment offer...have you ever requested a copy of the agreement which this claim relies upon ...either from Newday or MKDP?

 

 

Send the following if not as your first priority.....

 

 

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

 

It is important to head your request " I do not admit any debt with your company "

 

Regards

 

Andy

[newdad]

have I still got time to do that with the court timeline ticking by?......or will a CCA request put things on hold?

 

just to add, the circumstances with this debt is that it was card was taken out in early 2012 via online agreement, defaulted min 2013 and assigned/sold to MKDP sept 2013......

 

I'll post up the Cag questionaire shortly

[AndyOrch]

On line applications are somewhat more difficult to defend...but still make the request..this will add to any defence and in most cases they still fail to respond.

[newdad]

Name of the Claimant ? mkdp llp

 

Date of issue – 27 mar 2015

 

What is the claim for – The claimant claims the sum of 1300.00 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and New Day Cards Ltd. The defendants account number was xxxx-xxxx-xxxx-xxxx and was assigned to the claimant on 30/09/2014, notice of this was 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 1300.00 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? 1370.00

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - credit account

 

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

 

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. - account assigned, debt purchaser as issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - yes

 

Did you receive a Default Notice from the original creditor? - no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure

 

Why did you cease payments? - unable to afford

 

What was the date of your last payment? - 09/01/2014

 

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 managementicon plan? yes, emails sent

 

What you need to do now.

[newdad]

ok, cca request and cpr 31.14 request written, and will be posted recorded delivery first thing in the morning

[AndyOrch]

keep your eye on your defence date now.

 

Regards

 

Andy

[newdad]

a quick update, received MKDP's response to my cpr 31.14.....they've basically stated that they haven't got any paperwork that was requested so haven't been able to comply but are still proceeding with the claim?

 

a soon as I can plough through the instructions for this all-in-one printer I've borrowed, I'll scan the response and upload it

[AndyOrch]

Defence due 28th April.

[newdad]

here's the response (converted to pdf format)

To be honest, there's quite a bit of legal mumbo jumbo that I don't understand......As they don't currently have any paperwork can I ask for the claim to be put on hold or thrown out?.....Also, I don't know what to do about a defence if I haven't got any paperwork from them to work with

[AndyOrch]

Quite a sensible response for a change.....and yes they know they will have to disclose as the claim proceeds.

Dont worry about the defence...you will use the holding/put them to proof defence that I have drafted on many occasions which you can refer to in the Legal Success forum.

 

Regards

 

Andy

[newdad]

Thanks Andy, I'll research those threads you recommended over the next few days and formulate a defence......I appreciate you're a busy man, but when I upload a copy of my defence, could you possibly take a wee peek at it for me please?

 

thanks in advance

[AndyOrch]

Sure ...no problem...dont submit it without it being checked.

 

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

[SabreSheep]

Sadly not

 

What you do is read some of the successes threads with these cowboys and find a no paperwork defence. Use this thread to draft it and ask for feedback

[newdad]

ok, here's my proposed defence...I'd really appreciate it if Andy or another site team member could take a look at it and advise if necessary....many thanks in advance

[AndyOrch]

Fine...just a couple of errors.....

 

Change it to section 78 only dont quote the two....

and were you put the claimant to strict proof to disclose........

 

on a) change to show how the defendant entered into an agreement with New Day.....not the claimant

 

Then your good to go.

 

Regards

 

Andy

[newdad]

Thanks Andy, I've made the alterations you recommended and have now submitted my defence......I'll post again when I hear something.....once again, thanks very much

[newdad]

hello, an update for this thread.....I've spoken to the county court this morning, and they have confirmed that this case is now stayed as the claimant has not responded at all....result!

 

Is it now worth applying to have the case struck out?

 

many thanks to you Andy for your help

[AndyOrch]

Not quite a result newdad...but the next best thing.You cant apply to strike out a stayed case...you can apply to lift the stay and resume it though....but would you?

[newdad]

Hi Andy, I have an update for this thread.....As previously posted, the claim against me was stayed.

 

This morning I have received a package from MKDP in response to my CPR31.14 request. What they have sent me is a few photocopies of credit card statements, one photocopy of a variance of terms and conditions, but nothing else, no termination notice, notice of assignment, credit agreement, and default notice. There is a covering letter stating "Please find enclosed a copy of your statements as suppied by the original lender, Please do not hesitate to contact us if you have any queries"

 

I'm just wondering where I stand, as to my 'untrained' eye, they haven't complied with the CPR request, and the claim is still stayed as far as I know

[AndyOrch]

I'm just wondering where I stand, as to my 'untrained' eye, they haven't complied with the CPR request, and the claim is still stayed as far as I know

 

That is correct...sit tight and wait to see if they make application to lift the stay.

[newdad]

Thanks for the quick reply Andy. I'll update the thread when I hear from them

[newdad]

another update...

 

 

.I received some documentation from MKDP yesterday, a copy of the signed credit agreement, all legit....

.....I still haven't received copies of the default notice, notice of assignment and termination of account from them...

..I'm wondering whether I should still sit tight and wait to see if they apply to lift the stay,

or whether I should open comms with them and make an offer of monthly payments

in the hope that it will stop them from continuing with the court proceedings.......

 

As I posted originally,

this is a genuine debt, and I'm not trying to avoid paying,

I just wanted the ability to pay on my own terms to them rather than have a CCJ on my credit file.

...what do you think is the best course of action?

 

cheers