Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

[mutyak]

Received a claim? Yes
Issue Date: 15-1-2015
Amount approx: £5800
Claimant: MKDP LLP
Solicitor:
Original Credit: lloyds tsb

Particulars of Claim:
The claimant claims the sum of 5766.27 being monies due from the defendant to the claimant under a regulated agreement originally between lloyds tsb bank plc. the defendant's account number was xxxxxxxxxxx and was assigned to the claimant on 20/06/2014, notice of this has been 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 5766.27 and cost. The claimant has complied as far as is necessary with the pre-action conduct practice direction

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Can someone please advise me as to what to do next. Do i sent a CCA request or CPR 31.14 request, as i can't remember what this debt is for. Thanks in advance

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Send both

The claimant claims the sum of 5766.27 being monies due from the defendant to the claimant under a regulated agreement originally between lloyds tsb bank plc. the defendant's account number was xxxxxxxxxxx and was assigned to the claimant on 20/06/2014, notice of this has been 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 5766.27 and cost. The claimant has complied as far as is necessary with the pre-action conduct practice direction

CPR 31.14 - send to MKDP - it can ask for

agreement
terms of agreement
default notice
notice of assignment


Also send a CCA request to MKDP in case it is a credit card or loan ( sounds like it might be from the POC and the amount outstanding )

Do you recall what products you have had previously with Lloyds ?


Link to the letters


2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Hi Amethyst,

Thanks for replying. I took out a loan for a family member in 2007 and I also had a credit card in 2008. I tried to pay them off but in 2011 I couldn't pay them any longer. So I'm not so sure which of them they are chasing me for. I will send both requests on Monday. what should I expect once I send the requests to them

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Hello again,

I've recently received a letter from MKDP LLP after sending the request for both a CCA and CPR 31.14. Can someone please help as I'm not sure what to do next.

The letter states as follows:

Dear XXXX
we write with reference to your recent request to inspect the documents referred to in our statement of case under CPR 31.14.
Unfortunately at this time we are unable to fulfil your request and as such we will need to liaise with the original lender to request the appropriate documents. We will forward these to you upon receipt but this may take up to 8 weeks.

However, we draw your attention to the fact that this claim is for a balance less than £10,000 and the normal track will be the small claims track which is governed by the rules and practice directions of CPR 27. This means that part 31 of the rules is not applicable to your claim pursuant to cpr 27.2(1)(b) and CPR 31.1(2). It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assists in reaching settlement. It is also worth noting that we are required to file and serve on you and the court copies of all documents upon which we intend to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim and in compliance with CPR 27.4.
Please note that now that a claim has been issued it is your responsibility to file a response and we may apply for judgement if an Acknowledgement of service or defence is not filed at the appropriate time. For the avoidance of doubt it is our contention that your are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents.

Thanks in advance

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

They are correct in their letter in the main part - and its nice to see they have improved their letters somewhat.

However they haven't had sight of the documents before bringing the court claim against you, AND you are not yet allocated to the small claims track and therefore CPR 31.14 does apply as things stand. There isn't any need to respond to this letter but you can respond to counter this bit our contention that your are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents. and say that you do not know which debt as their particulars do not state what type of agreement they are claiming on and you have had credit cards and loans with Lloyds in the past (that's not admitting to anything but informing them they have NOT given you enough information with which to defend/admit their claim)

This is only your reply to the CPR request - the CCA can't be avoided quite so easily.

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Thanks Amethyst for replying to my post. Should I apply to the court for more time as I think the 28/33 days is coming up soon or should I submit my defence using the above information. I received the Claim on the 17th of January.

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

to be honest after that reply from them I would just go direct to defending, and I'd quote a bit of their letter and tell the court you do not know if this is a loan / overdraft / credit card etc in the defence and indicate your surprise that they have bought the claim without knowing themselves or having had sight of any documentation.

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Hi Amethyst, can you please go over my defence and let me know whether it is OK to sumbit......Thanks

I received the claim xxxx from Northampton county court on
the 17th of january 2015.


2.Each and every allegation in the claimant statement of case is
denied unless specifically admitted in this defence.


3. This claim appears to be for a credit card/loan agreement
regulated under the consumer credit Act 1974.


4. The claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards to the claim


5. On the 30.01.2015 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to the Claimant I requested the Claimant provide copies
of the Agreement, Default Notice and Notice of Assignment. On the
same day I also sent a formal request for a copy of the original
agreement to the Claimant pursuant to section [77 or 78] of the
Consumer Credit Act 1974 along with the statutory £1 fee.


6. The claimant has failed to comply with my requests. On the 13th
of February 2015 I received a letter from the claimant which
stated that 'unfortunately at this time we are unable to fulfil
your request as such we will need to liaise with the original
lender to request the appropriate documents. They replied only to
the CPR 31.14 request and has still not replied to my CCA request.

7 I do not know if this is a loan, overdraft or credit card, I am
surprised that the claimant has bought the claim without knowing
themselves or having had sight of any documentation.


8. The Claimant has failed to comply with [s77 (1) / s 78 (1)]
Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)]
Consumer Credit Act 1974 cannot enforce the agreement
9. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.
10. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Will do xx

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

thanks a lot

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

1. I received the claim xxxx from Northampton county court on
the 17th of january 2015.


2.Each and every allegation in the claimant statement of case is
denied unless specifically admitted in this defence.


3. The claimants state claim is for an alleged agreement
regulated under the consumer credit Act 1974, between myself and Lloyds Bank Plc.

4. The Claimant gives an account number that I do not recognise.

5. The Claimant gives no details of the type of account. I have had a number of products in the past with Lloyds Bank including a current account, loan, overdraft and credit card. I do not know what this claim relates to.

6. I am not aware of having any outstanding debt to Lloyds Bank Plc of, or about, the sum claimed.

7. On the 30.01.2015 I sent a request for inspection of documents
to the Claimant. I requested the Claimant provide copies of the agreement, the terms of agreement, default notice, notice of assignment as disclosed in their statement of case.

8. On the
same day I also sent a formal request for a copy of the original
agreement to the Claimant pursuant to sections 77-79 of the
Consumer Credit Act 1974 along with the statutory £1 fee.


9. The claimant has failed to comply with my requests. On the 13th
of February 2015 I received a letter from the claimant which
stated that 'unfortunately at this time we are unable to fulfil
your request as such we will need to liaise with the original
lender to request the appropriate documents.

10. The claimant contends they have given me enough information to plead in this case, however despite my requests I still do not know if this is a loan, overdraft or credit card, I am surprised, if it is as appears, that the claimant has bought the claim, and made their statement of truth, without knowing
themselves or having had sight of any documentation.

11. The Claimant has failed to comply with my request under sections 77-79
Consumer Credit Act 1974 and therefore cannot enforce the agreement whilst that default continues.

12. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

13. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment

14. For the avoidance of doubt it is denied that the claimant is entitled to the relief as claimed or at all.

[Amethyst]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

just made a couple amendments for you xx You can word it a bit better but I've just de-templatified it a bit and strengthened your confusion..... if that makes sense.

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Hi Amethyst, Ive Just received what appears to be a credit agreement (on one page) from MDKP LLP with my signature on it. Could you please let me know where I stand and how to proceed?

Many thanks

[FlamingParrot]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Hi Amethyst, Ive Just received what appears to be a credit agreement (on one page) from MDKP LLP with my signature on it. Could you please let me know where I stand and how to proceed?

Many thanks

Could you scan it or take a picture, remove all personal details and post it up? :typing:

If it's just one page, it may not have all the terms on it...

[mutyak]

Re: Court Claim - MKDP LLP / lloyds tsb - 15-1-2015

Thanks for responding.

here is a copy of the agreement.

thank you