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Mayflower21 v MKDP LLP

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  • Mayflower21 v MKDP LLP

    Hi Guys,

    Newbie Alert! Please be gentle :-)

    First of all just wanted to say that I have already learnt so much from this forum so thanks to everyone involved.

    I received a claim form from Northampton County Court as below:

    Issue Date: 7th March
    Claimant: MKDP LLP
    Particulars: £2800 HSBC Credit Card Debt

    I acknowledged the claim online on the 18th March and said that I wished to defend it.

    I sent a CPR and CCA to MKDP (with £1 postal order) by recorded delivery which were both received and signed for on the 19th March.

    The credit card account was opened in 2000 and my default date (as listed on my credit file) was October 2008

    I haven't had a response as yet.

    What do I do now? :doggieyes:
    Tags: None

  • #2
    Re: Mayflower21 v MKDP LLP

    Wait until Thursday 27th then phone up and ask why they haven't complied and when they will.

    M1

    Comment


    • #3
      Re: Mayflower21 v MKDP LLP

      Ok will do. Thanks mystery1 :-)

      Comment


      • #4
        Re: Mayflower21 v MKDP LLP

        Ok update:

        Still no response so I called MKDP.

        They are claiming that they didn't receive my letters. I sent the CCA & CPR in separate envelopes and they were both signed for on the 19th March.

        They asked what I was requesting and said that they don't usually get that information from the original creditor as they don't expect people to defend the claim. They said they would request them for me now but can't guarantee how long it will take to get them.

        What should I do now? Do I need to contact the court to update them?

        Comment


        • #5
          Re: Mayflower21 v MKDP LLP

          they don't usually get that information from the original creditor as they don't expect people to defend the claim.
          That is ridiculous in itself, anyway....


          You should ask MKDP to agree an extension between yourselves to the deadline for entering your defence or admission. 28 days is normal. The CPR relevant is 15.5.
          15.5

          (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

          (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.
          If they can confirm this to you in an email you can then forward that on to the court so things don't inadvertently get rubber stamped in default.

          Also let MKDP know that if you don't receive the documents at least 7 days before the end of the extension you will be applying to the court to enforce the CPR 31.14 inspection of documents.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Mayflower21 v MKDP LLP

            Yes I though it was an odd comment to make! :tinysmile_aha_t:

            OK, will go back to them now. Thanks Amethyst

            Comment


            • #7
              Re: Mayflower21 v MKDP LLP

              Leaving aside their dishonesty and incompetence, get an email and/or fax for them and send another copy.

              You should also email details of every call to them so you can later use this as evidence in court. Doesn't need to be a transcript but does need to be pretty accurate.

              M1

              Comment


              • #8
                Re: Mayflower21 v MKDP LLP

                Hi Guys,

                I emailed them on the 27th March detailing my phone call and attached both letters asking for them to agree an extension.

                No reply via email or post.........

                Comment


                • #9
                  Re: Mayflower21 v MKDP LLP

                  Keep chasing until time is short and then bang in an application.

                  M1

                  Comment


                  • #10
                    Re: Mayflower21 v MKDP LLP

                    Spoke to them today to chase up again.

                    They are waiting on the information and can't tell me when it will arrive. I asked for them to agree to an extension was told as I have acknowledged the claim with the court I just need to make the court aware that I am waiting for information.

                    The issue date of the claim is the 5th March so that would make the deadline for my defence the 9th April? (Just idiot checking)

                    Should I inform the court that I am waiting for documents or wait until the deadline and file my defence stating that I have not been provided the necessary documentation?

                    thanks for your help!

                    Comment


                    • #11
                      Re: Mayflower21 v MKDP LLP

                      Anyone? :doggieyes:

                      Comment


                      • #12
                        Re: Mayflower21 v MKDP LLP

                        Originally posted by Mayflower21 View Post
                        Spoke to them today to chase up again.

                        They are waiting on the information and can't tell me when it will arrive. I asked for them to agree to an extension was told as I have acknowledged the claim with the court I just need to make the court aware that I am waiting for information.

                        The issue date of the claim is the 5th March so that would make the deadline for my defence the 9th April? (Just idiot checking)

                        Should I inform the court that I am waiting for documents or wait until the deadline and file my defence stating that I have not been provided the necessary documentation?

                        thanks for your help!

                        They are wrong.

                        http://www.justice.gov.uk/courts/pro...es/part15#15.5

                        Agreement extending the period for filing a defence

                        15.5
                        (1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
                        (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.



                        If they tell you something ask for the rule that lets it happen.

                        M1

                        Comment


                        • #13
                          Re: Mayflower21 v MKDP LLP

                          Thanks Mystery1.

                          So should I call them again? Sorry - new to this and don't want to get it wrong!

                          Comment


                          • #14
                            Re: Mayflower21 v MKDP LLP

                            OK starting to get really annoyed now!

                            Called them again and said that I have been advised that they should agree an extension as they haven't provided me with the documents I requested.

                            They insisted again that I should enter my defence and mention that I haven't been given the documents I requested. The case should then be put on hold until the documents come through - is this right? This so frustrating!

                            Comment


                            • #15
                              Re: Mayflower21 v MKDP LLP

                              No it's incorrect, but is not an infrequently told pile of shite spouted by greedy bankers and their sidekicks.

                              Don't worry about it. Document it.

                              They are in breach of their cpr duties. Cpr 31.15 gives them 7 days and 7 days only to comply with your request.

                              If you get the extension you can give them a bit longer but if you don't have an extension apply for an unless order before the time for filing your defence runs out.

                              M1

                              M1

                              Comment

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