MKDP LLP (DCA)v Crofton23 - help with court claim please.

[Crofton23]

Husband received claim for £2,588 in respect of a barclaycard debt. Claim form received and responded to 12th May 2014.

Aim to dispute debt as over £2,500 owed in unfair charges. Application for PPI and unfair charges made in September 2013. Barclaycard admit to PPI claim and pay out December 2013 after delays - although not sure if amount correct. Made claim for unfair charges during PPI claim. In meantime debt on barclaycard assigned October 2013. Barclaycard ignore claim for unfair charges. Barclaycard say it's for us to discuss with DCA.

Put in acknowledgement to court. 12 May 2014. Made CCA request as suggested by this site. Due to submit defence and counterclaim form today. Starting to worry about the wording.

Can anyone help. Help and advice will be welcomed

[Amethyst]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Hi Crofton

Welcome. My apologies for lateness of reply.

Have you got your defence submitted? If you acknowledged the claim already and the claim was received 12th May then you actually have until 8th June ish to get your defence put in.

Feel free to pm if you don't get a reply within a couple hours xx

[Crofton23]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

We sent the basic defence and showed we had contacted both parties for additional information. We intend to make further submission before 7th June. Do the court take into consideration bank holidays ? It doesn't seem to make it clear on the court website.
Thanks

[Amethyst]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Okay so you have entered your defence already or just acknowledged the claim? If you have entered a defence what further submissions do you intend on making ? Have you had anything back from the court since submitting ?

The 28 days is days not working days so you have to work within bank holidays, if docs need submitting on a bank holiday you need to do it the friday before etc.

[Crofton23]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

We basically said we did not admit the claim and the claim made related to charges and interest. That these had been challenged with barclaycard before a decision had been made the debt was sold on to the debt collection agency.

[Amethyst]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Okay so in that case you have entered your defence already and are waiting for the responses to your CPR letter and CCA request, and for the claimants to tell the court if they wish to continue with the claim and pay the hearing/allocation fee - this is usually within 28 days of them being sent the defence.


The charges you were in dispute over were they over £12 each ?

[Crofton23]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Yes. At most £35. A time

[Amethyst]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Excellent. Well not at the time. But you should be able to defend those charges, aka most of the debt as likely it has built up off of the back of just those charges. Do you still have paperwork from when you were complaining about the penalty charges?

[Crofton23]

Re: MKDP LLP (DCA)v Crofton23 - help with court claim please.

Yes. Kept just about all the statements going back to the beginning. Although some are under 35