MKDP County Court claim on Barclaycard

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Amethyst

Thanks I will get working on the defence now . Also the link doesnt not seem to work?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Amethyst

I would be very grateful if you could cast your eye over my defence and comment

Many thanks




A claim for the sum of £ xxxxx dated 01st May 2014 was received on the 8^th May 2014. No supporting documents were received with this claim.On the 13^th May 2014 I made a written request to the claimant solicitor’s requesting the claimant provide copies of the Credit Agreement, the Default notice and the assignment. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written claim.

When these documents were not forthcoming I contacted the claimants by telephone and email on the 22^nd May 2014 and repeated my request. The claimant acknowledged that they had received my request but maintained that documents only had to be provided 14 days before a hearing. I followed up this conversation with an email. This was replied to on the 23^rd May 2014 disputing my right to see these documents but enclosed an illegible copy of a reconstituted credit agreement.I then began proceedings under Section N244 to force disclosure of the documents mentioned above.

This was heard on the 30^th September 2014 and Luton County Court. A General Form of Judgement was issued in which the claimant was to by 4pm on the 13 October 2014 file and serve fully detailed particulars of claim, appending to them the following documents
a. The consumer Credit Agreement/contract
b. Default notice
c. Assignment
2. The defendant shall file and serve his defence by 4pm on 4^th November 2014
3. The claimant shall pay the defendants costs of this application in the sum of £155

Nothing has been received from the claimant.The claimants pleaded case is that the defendant entered into an agreement with Barclaycard under account reference xxxxxxxxxxxxx . I am uncertain which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however the account number given does not relate to any information I have , therefore it is essential that I have sight of the agreement relied upon by the claimant to be able to accurately identify to what the claim refers.As can be seen by the above hearing the claimant is unable to provide the relevant documentation to support their claim and on this basis I request that this claim be struck out.

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Will do - give me ten xx ( bit late but the link works okay for me )

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Okay, you've duplicated what was asked for in the application (ie you gave the reasons for it in the N244 application) You need to attach a copy of the order and send a copy of this to the Claimants.

In the Luton County Court

Claim No XXXXXXX

MKDP

Claimant

v

Gettingthereslow

Defendant

___________________________
DEFENCE
___________________________

The claim for the sum of £ xxxxx was issued 1st May 2014 and was received by the Defendant on the 8^th May 2014.

Following an application hearing on 30th September 2014 at Luton County Court District Judge XXXXXXXX ordered the Claimant file and serve full detailed Particulars of Claim, with copies of the Consumer Credit Agreement, Default Notice, Notice of Assignment, by 4pm 13th October 2014. The Order also ordered the Claimants to pay the Defendants costs of £155. [EXHIBIT A]

The Claimant has failed to comply with this order in full. The Defendant is prejudiced by the Claimants non compliance and is unable to plead effectively or at all.

Therefore the Defendant respectfully asks the Court to strike out the Claim.


The Defendant believes the facts stated in this Defence are true;


Signed ------------------------------
Dated ---------------------------

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Great thank you .

Sorry might be a stupid question but I assume by sending to claimant you mean send this to the court and if so do I just send it recorded delivery or submit that as my defence ?

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Sorry, no submit as your defence to the court (file) and send a copy to the claimant (serve). Just a quick cover note to the Claimant - Dear Sirs, Please find enclosed by way of service my Defence in the Claim No. XXXXX as ordered by District Judge XXXXXX Luton County Court. Yours faithfully, gettingthereslow.

AND ATTACH A COPY OF THE ORDER you got from the Court after your hearing.

Actually can you give Luton court a call before you do, you should be able to submit via email as a PDF attachment, but check with them first and get their email address. Also mention to them your defence is due on the 4th Nov following an order of the court, and the claimants haven't complied with their bit to disclose documents or pay the costs ordered, they might put a note on the file, but I would still file and serve this as your defence in accordance with the order.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Thanks very much Amethyst you have been a fantastic help

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi me again .

just heard back from the court . Covering letter states that my application to strike out has been considered by a District Judge who has stated that if I reuire a further order of the Court I will need to make a formal application on form N244 and pay any relevant fee . They have also attached a notice of proposed allocation to the Small Claims Track .

What should I do now ? I have obviously not heard or seen anything from MKDP

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Anyone help please ?

[mystery1]

Re: MKDP County Court claim on Barclaycard

Make another application to the court for an unless order which you should get as the claimant has not complied with a previous court order.

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi quick question . I have submitted the N244 but will I also need to submit directions questionairre ? I have also recieved the completed questionaire from MKDP who have asked for mediation as well ? If I fill in the questionaire Do I say yes to this or not .

Thanks

[mystery1]

Re: MKDP County Court claim on Barclaycard

I think so. Add a note that you have applied for the previous court ordered disclosure to be complied with.

Definitely yes to mediation.

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi all . Just to let you know I heard back from the court yesterday and MKDP have until the 29th December to comply ( Judge unfortunatley gave them a bit more time ) and if not the case will be struck out . Hopefully a late Christmas present !! .

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi All .
Further to my last post MKDP have not provided the infomation by todays date . In order for the claim to be struck out do I need to write to the court again or is the claim automatically struck out ? If I do need to write to the court I assume I do not have to fill in another N244 ? as just a letter will do?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Again

Spoke to soon on my last post as I recieved the infomation by special delivery today unfortunatley . They have now provided the following infomation
1. Notice of assignment
2.Default notice
3. Reconstitutued agreement ( Not so much as a recon agreement but just T&C's with a seperate piece of paper with my address on it !

Although the recon agreement (T&C's) is now legible ( the one they provided via email was not ) it still does not have my signature anywhere on it but a just a seperate piece of paper with my old address . What do I do now ? Do I file a defence again as have heard nothing from the court or just wait for the hearing ?