MKDP LLP (old Barclaycard agreement) ***Claim Dismissed***

[Cozza]

Another win over MKDP LLP I defended as an LIP - I have included a summary of the case to help others in the same situation.They replied to a s78 with a very brief page of t's and c's (incomplete ie missing default charges for one thing) and then much more detailed ones which I understood to be from then the account closed- these had my current address on.

 

After initiating Court proceedings they sent me a application form which was illegible (the worse case that I have seen). I kept writing to get a better copy - they even sent back to Bcard for a better copy but the one sent was even worse than the first. I went into the Court hearing expecting it to be adjourned for them to bring a better copy Judge wouldn't have it though as he said that their case didn't rest on this doc.

 

He was right actually as he said in his judgement that they had not knitted the t's and c's and the app form together in any way... i.e here is an application form and here are some t's and c's. I had prepared a skeleton argument about failure to comply with s78 first and then I had included the Section 60,61 argument and said that the agreement was not properly executed.

 

He said there was no evidence that the t's and c's presented had ever been signed, no linkage between the signed application form and those t's and c's given in the MKDP witness statement so the case just had not been set out correctly from the start. Their barrister mentioned 65 and he came back on 127 (3) - that the Court could not enforce as they had failed on 61.

 

They did not play the game fairly and I can elaborate on that by DM but one instance was pointed out to the Judge and he was very cross about this. Their barrister went down the track of I had had the money and spent it and I did not deny it I said that my argument was about the enforceability of the agreement.

 

I did say that over time I had paid a lot of interest to the original lender though and they had continued to charge interest even after I entered a payment plan with them. Also the fact that there were no default charges on the original t's and c's would mean I would have a substantial counterclaim ( I did not enter one at the beginning though as I did not have the statements to do so.

 

As part of the Judgment The Judge made a point of saying he wasn't happy finding this way (ie I was getting away without paying money owed) but it was absolutely my right as part of the Law to challenge in this way and he did not mean any disrespect to me.

 

He acknowledged the work I had done as an LIP to get to grips with the law in this area in a short space of time.

Edited April 22, 2015 by citizenB

[citizenB]

Pleased to hear that you had a success with this, Cozza.

 

Can you let us know what the value of the claim was, please?

[Cozza]

Yes - it was for £4605

[citizenB]

Thank you:)

 

So a small claim.

 

This was obviously an account entered into prior to 2007 - where the production of the agreement in the correct format etc was important.

 

I can understand the Judge's comments, however, I am sure if you had prepared a spread sheet from the beginning of the account, he would have seen that the original spending would have been paid back many times and that the actual balance was made up of very high interest and charges.

 

Creditors were all too keen to provide credit to those whom they knew were "living on the financial edge", continuing to raise interest rates on their products when the BoE interest rate was falling like a lead weight.

 

The authors of the Consumer Credit Act provided debtors with protection, creditors shouldn't be surprised if debtors would use those laws/regulations to protect themselves.

[Cozza]

Of course - unfortunately although I had requested a SAR pack from Barclaycard I didn't receive it until very late in the day. Too late to get this information together for the Court hearing. I had been fairly sure it would be adjourned and we would be back in again but I did write previously to the Court to say this should not be accepted as they had had nearly 18 month to get the information together that they needed but had not complied.

[SabreSheep]

the amusing thing would be to work out now how much you could of claimed for penalty charges with 29.99% APR on them.

 

If that total comes to more than the outstanding balance, it might be worth issuing Barclaycard with a claim of your own

[AndyOrch]

Thread moved to Financial legal for better exposure.

 

Regards

 

Andy

 

Nice result Cozza:wink: