Court Claim - MKDP LLP / Lloyds - 20-5-2015

[Inthemire]

Received a claim? Yes
Issue Date: 20-5-2015
Amount approx: 8800
Claimant: MKDP LLP
Solicitor: None listed
Original Credit: Lloyds

Particulars of Claim:
The claimant claims the sum of 8800 being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Lloyds Bank PLC. The claimant claims the sum of 8800 and costs.

Stat Barred? No

Have sent:

Other Info:
I asked for advice on the MSE forum using the Stepchange private messaging system this week regarding acknowledging this claim but they have advised me not to complete the Acknowledgement of Service form if I do not intend to defend the claim. I am really worried now as this now means that I'm almost out of time as the date on the claim is the 20th of May... I have been away over half term so didn't get the letter till I got back this Monday. I went straight down to the CAB as soon as I got it but the earliest I can see a 'specialist' advisor through them is next Monday the 8th. This is the deadline date for the court claim and I'm now really concerned.

I recognise and admit the debt but I need more time to get some proper advice with regard to a solution. If I could have applied for the 28 days instead of the 14 that would have been brilliant but it's now looking like that isn't really an option for me.

Can anyone advise me please?

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Welcome aboard

Received a claim? Yes
Issue Date: 20-5-2015
Amount approx: 8800
Claimant: MKDP LLP
Solicitor: None listed
Original Credit: Lloyds

Particulars of Claim:
The claimant claims the sum of 8800 being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Lloyds Bank PLC. The claimant claims the sum of 8800 and costs.

Stat Barred? No

Have sent:

Other Info:
I asked for advice on the MSE forum using the Stepchange private messaging system this week regarding acknowledging this claim but they have advised me not to complete the Acknowledgement of Service form if I do not intend to defend the claim. I am really worried now as this now means that I'm almost out of time as the date on the claim is the 20th of May...

Good grief! :scared: :scared: That really is irresponsible advice from two well known and much trusted sources!
You should acknowledge that claim A.S.A.P.!!!!

Why wouldn't you intend to defend the claim? MKDP LOST in court a couple of weeks ago, the judge ruled the credit card agreement was irredeemably unenforceable! :whoo:

I have been away over half term so didn't get the letter till I got back this Monday. I went straight down to the CAB as soon as I got it but the earliest I can see a 'specialist' advisor through them is next Monday the 8th. This is the deadline date for the court claim and I'm now really concerned.

I recognise and admit the debt but I need more time to get some proper advice with regard to a solution. If I could have applied for the 28 days instead of the 14 that would have been brilliant but it's now looking like that isn't really an option for me.

Can anyone advise me please?

It is an option and you should have a total of 33 days to submit a defence from date printed on claim. Also it doesn't matter that you 'admit' the debt, the person who appeared in court defending against MKDP also had a credit card with a similar balance but the agreement was unenforceable due to there not having been proper terms at the time of taking out the card.

We need to more about this account but for a start, you need to acknowledge online NOW. :typing:

You may want to look at this thread for full instructions: http://www.legalbeagles.info/forums/...it-Court-Claim

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Welcome aboard

Good grief! :scared: :scared: That really is irresponsible advice from two well known and much trusted sources!
You should acknowledge that claim A.S.A.P.!!!!

Why wouldn't you intend to defend the claim? MKDP LOST in court a couple of weeks ago, the judge ruled the credit card agreement was irredeemably unenforceable! :whoo:
It is an option and you should have a total of 33 days to submit a defence from date printed on claim. Also it doesn't matter that you 'admit' the debt, the person who appeared in court defending against MKDP also had a credit card with a similar balance but the agreement was unenforceable due to there not having been proper terms at the time of taking out the card.

We need to more about this account but for a start, you need to acknowledge online NOW. :typing:

You may want to look at this thread for full instructions: http://www.legalbeagles.info/forums/...it-Court-Claim

Thank you so much for your reply FlamingParrot. I have just acknowledged online stating that I wish to defend all of the claim. I suddenly feel like a massive weight has been taken off my shoulders.. Even though it might just be delaying things, at least I now feel some confidence in the fact that I might be able to defend the case in some way and, at the very least, have another couple of weeks to attempt to sort things out. Thank you very much.

You mentioned posting more details about the account as a next step. What information do I need share please?

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Received a claim? Yes
Issue Date: 20-5-2015
Amount approx: 8800
Claimant: MKDP LLP
Solicitor: None listed
Original Credit: Lloyds

Particulars of Claim:
The claimant claims the sum of 8800 being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Lloyds Bank PLC. The claimant claims the sum of 8800 and costs.

Stat Barred? No

Have sent:

Other Info:
I asked for advice on the MSE forum using the Stepchange private messaging system this week regarding acknowledging this claim but they have advised me not to complete the Acknowledgement of Service form if I do not intend to defend the claim. I am really worried now as this now means that I'm almost out of time as the date on the claim is the 20th of May... I have been away over half term so didn't get the letter till I got back this Monday. I went straight down to the CAB as soon as I got it but the earliest I can see a 'specialist' advisor through them is next Monday the 8th. This is the deadline date for the court claim and I'm now really concerned.

I recognise and admit the debt but I need more time to get some proper advice with regard to a solution. If I could have applied for the 28 days instead of the 14 that would have been brilliant but it's now looking like that isn't really an option for me.

Can anyone advise me please?

Totally wrong advice from MSE.

What type of account is this as the approach needed will vary *See below" we cannot assume this is a credit card.

Do the usual responses CCA request to Lloyds ( if appropriate) for the agreement IF this is for a Credit Card Debt or Loan Account.

When was the last payment or written acknowledgment of the debt if CC or Loan?

Is a notice of assignment and/or a default notice mentioned in the particulars of claim?

When was the account opened and when was it defaulted?

Get the details posted here, preferably with a redacted copy of the N1 claim form then we can assist with defence etc.


Is there any dispute on this account?

Has MKDP been in touch in writing at any time before the claim was issued?

If not they may have breached the pre action protocols on issuing claims.

If this is a current account or overdraft have you received a Final Demand for Payment?

nem

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

I asked for advice on the MSE forum using the Stepchange private messaging system this week regarding acknowledging this claim but they have advised me not to complete the Acknowledgement of Service form if I do not intend to defend the claim.

!!!!!! that is what we are fighting against - over 75% of county court claims go to default judgment - I'm actually quite shocked that stepchange told you not to do the AoS - regardless of whether you go on to admit and offer to pay, defence or come to an arrangement directly you should always put in the Acknowledgement of Service within 14 days else it is just whipped out of your control and costs you a £155 court fee to remove the CCJ if you then decided to defend.


Anyhooooo. FP and Nem have things in hand - there's basic info http://www.legalbeagles.info/forums/...it-Court-Claim with links to the CCA and CPR letters - do we know if this is a credit card or overdraft and when the account was opened ??

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Thank you so much for your reply FlamingParrot. I have just acknowledged online stating that I wish to defend all of the claim.

:clap2:
I was a bit concerned about the dates, hence my red higlighting!

I suddenly feel like a massive weight has been taken off my shoulders.. Even though it might just be delaying things, at least I now feel some confidence in the fact that I might be able to defend the case in some way and, at the very least, have another couple of weeks to attempt to sort things out. Thank you very much.

Every account is different and the likes of MKDP purchase accounts from a number of creditors, however, their track record in court is rather poor, most of the cases they've brought recently they've either lost or discontinued. :grin: :grin: :grin:

They issue claims in the hope of obtaining default judgment or an admission, not surprisingly given the number of people getting advice from exactly the same sources you did.

In the unlikely event that they were to produce all the documents and they were all kosher and it looked like they had a chance of winning, you could always settle this claim via a Tomlin order which will have the effect of staying proceedings while you keep to the terms of the order, thus avoiding a CCJ on record. :thumb:

You now have to proceed with steps 2 and 3:

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 )

You mentioned posting more details about the account as a next step. What information do I need share please?

As much as you can:

• Was this Lloyds a account a loan or a credit card?
• Any idea when you applied for the loan or took out the card?
• Can you recall how you applied? Was it online? in branch? a mailout? an advert?
• How long ago did you default on the account? You say it's not SBd so presumably it was in the past six years
• Did you get a default notice from Lloyds at the time?
• Did you receive a notice of assignment saying the debt had been sold to MKDP?
• Did MKDP send you a letter before action prior to issuing the claim? If so, did you respond?
• Did you ever send a CCA request for this account? If so, what did you get in response?
• Any further details about the history of this account, whether you disputed it with Lloyds, MKDP or anyone else
• Was there PPI on it?

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

!!!!!! that is what we are fighting against - over 75% of county court claims go to default judgment - I'm actually quite shocked that stepchange told you not to do the AoS - regardless of whether you go on to admit and offer to pay, defence or come to an arrangement directly you should always put in the Acknowledgement of Service within 14 days else it is just whipped out of your control and costs you a £155 court fee to remove the CCJ if you then decided to defend.


Anyhooooo. FP and Nem have things in hand - there's basic info http://www.legalbeagles.info/forums/...it-Court-Claim with links to the CCA and CPR letters - do we know if this is a credit card or overdraft and when the account was opened ??

Hi Amethyst,

Thank you for acknowledging my post. This is the exact wording from the Stepchange response - 'If you’re not defending that you owe the debt then we wouldn’t suggest returning the Acknowledgment of Service form to get more time as the court will expect you to prepare a defence for the claim.' It may just be that it's unfortunately worded but I'm just so glad that I found this forum so I could be better advised. If I hadn't, I would have just felt forced to send the documents in or, more likely, suffered a default judgement as the time was so short and I wouldn't have had a clue how to deal with the claim alone..

I'm just going to go through the detailed response from Nemesis now and try and post up as much information as I can.

Many thanks,

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

' 'If you’re not defending that you owe the debt then we wouldn’t suggest returning the Acknowledgment of Service form to get more time as the court will expect you to prepare a defence for the claim.''

Just for ref, you can admit a claim after saying you intend to defend on the acknowledgement - it isn't binding at all simply gives you the extra time to suss things out before making an admission or defence.

Had you not acknowleged or admitted the claim the claimant could ask for a CCJ by default on day 17 from the issue date.

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

You now have to proceed with steps 2 and 3:

Hi, and thank you. Right, I'm going to take this step by step. I hope it doesn't become too annoying for you as I try my best to get my head around things and gather all the information I need to provide in order for you to best help me.

The debt is for a credit card so I'm going to do the CCA request now as the first step. I've got the template from the link you posted and have already completed most of it ready for sending - I'm hoping I can get it in tonight's post if at all possible. Time is not on my side as you well know!

The account number field on the template - is that the original credit card number of the Lloyds account? The only other one I think it could possibly be is listed as the 'Compello Reference Number' on a previous document.

Also, do I sign the form or simply state my name? There seems to be some replies on the CCA request thread which confuse me a little in this regard.

I'll start to have a look at Step 3 now while I await your kind response.

[Kati]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Hi, and thank you. Right, I'm going to take this step by step. I hope it doesn't become too annoying for you as I try my best to get my head around things and gather all the information I need to provide in order for you to best help me.

I don't think they ever get annoyed by that :lol:

Also, do I sign the form or simply state my name? There seems to be some replies on the CCA request thread which confuse me a little in this regard.

yep ... if you're at all worried about signing, just use an anti tamper strip

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

The debt is for a credit card so I'm going to do the CCA request now as the first step. I've got the template from the link you posted and have already completed most of it ready for sending - I'm hoping I can get it in tonight's post if at all possible. Time is not on my side as you well know!

The account number field on the template - is that the original credit card number of the Lloyds account? The only other one I think it could possibly be is listed as the 'Compello Reference Number' on a previous document.

Yes it should be the credit card number. They'll have to go back to Lloyds to obtain a copy so that's the number they'll need. They should respond in 12 working days (+2 allowed for service) which would be extremely unusual if they did. If they don't, the account will be unenforceable as long as they are in default, meaning they could produce the documents at any time, and then they would have to be assessed on their own merits. There's no need to chase this request for that reason.

I'll start to have a look at Step 3 now while I await your kind response.

They should respond to that request in 7 days. There's no fee payable but it should also be sent by recorded delivery so you can track it. typing: Unlike the CCA request, you do need to chase this one up, especially in view of the fact you've got little time to prepare your defence. As soon as the 7 days are up you'll have to contact them and ask them to agree to an extension to prepare your defence, ask for 28 days which is the maximum allowed under CPR 15.5. If memory serves me, MKDP did agree to an extension in other cases. That should give you some extra time to find out more about the account. :clock:

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

You should not mention any account numbers in the CCA request just the " agreement" mentioned .

.ie. The agreement relating to the alleged debt no more.

nem

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

You should not mention any account numbers in the CCA request just the " agreement" mentioned .

.ie. The agreement relating to the alleged debt no more.

nem

Where did that come from? :noidea:

CCA requests have always included the number of the account you are requesting a copy of the agreement for. It is on the template letters posted up by Cel and Amethyst on here, it was on the CAG templates, it's on the National Debtline ones... :confused2:

A CCA request is a request for a copy of the agreement referring to a specific account, if you had two accounts with the same bank (i.e. a card a loan), you'd have to specify what account you want a copy of the agreement for.

You're probably referring to a SAR which is person-specific rather than account specific, so if you had more than one account with the same bank, you'd send just one SAR and they are supposed to send you all the data they hold about you even without providing an account number.

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Not worth a reply!

[Guest]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Yes, I dont think there is any advantage for them in having the account number requested, and as you say they have to be able to identify the actual account.