MKDP LLP and a Court Claim from NCC (Want to set aside Judgement)

[andytrev31]

Hi All-

New to posting a question for advice.

My wife had a letter in June from MKDP LLP claiming that she owed £3097 from a Lloyds TSB Overdraft.

I sent the usual CPR letter back asking for all the information they had. We received a letter on July the 7th with a screen shot of supposed default.....(Which was so fuzzy - i couldnt even make out what the hell it was)

I then replied to the letter asking for a clearer image and ALL of the letters / information they had when purchasing this account.

Fast forward to October 1st - a letter from Nothampton CC stating that she failed to make her defence with in 28 days and she owes now £3097 + £185 in court fees.

From the letter going back on July 8th (although never sent recorded delivery) to today we have had ZERO correspondence. No N1CPC form through from the courts NOTHING.

Now I understand that the clock is ticking with regards to a possible appeal and asking for the judgement to be set aside.

I am wondering where we stand with everything.

As I was waiting for the information from MKDP LLP - I never sent a SAR off to Lloyds TSB.

Help or any advice is appreciated.

Thanks
Mr T

[nemesis45]

Re: MKDP LLP and a Court Claim from NCC (Want to set aside Judgement)

Hi All-

New to posting a question for advice.

My wife had a letter in June from MKDP LLP claiming that she owed £3097 from a Lloyds TSB Overdraft.

I sent the usual CPR letter back asking for all the information they had. We received a letter on July the 7th with a screen shot of supposed default.....(Which was so fuzzy - i couldnt even make out what the hell it was)

I then replied to the letter asking for a clearer image and ALL of the letters / information they had when purchasing this account.

Fast forward to October 1st - a letter from Nothampton CC stating that she failed to make her defence with in 28 days and she owes now £3097 + £185 in court fees.

From the letter going back on July 8th (although never sent recorded delivery) to today we have had ZERO correspondence. No N1CPC form through from the courts NOTHING.

Now I understand that the clock is ticking with regards to a possible appeal and asking for the judgement to be set aside.

I am wondering where we stand with everything.

As I was waiting for the information from MKDP LLP - I never sent a SAR off to Lloyds TSB.

Help or any advice is appreciated.

Thanks
Mr T

Hi Welcome LB,

You say a letter was received from MKDP in June and you made a request under CPR 31.14 which is only for documents mention is the Particulars of Claim on Court Form N1.

Was it a claim pack from the Northampton County Court Business Centre that was received?

It appears from what you say that a claim was issued and acknowledged but no further action as in completing court documents
and filing a defence has taken place so MKDP has applied for and been granted " Judgement by Default".

Yes you need to be quick applying for set aside the fee for the application is £155.00 there must be a defence to the original claim that has a reasonable chance of success Form N244 obtainable online or from your local court is used for the application.
I would suggest that if you are certain that MKDP has acted improperly here that in the first instance you raise a Formal Complaint with
Ms Sara Lambert the CEO of MKDP ( The Compello Group of companies)

Lastly if possible please post redacted copies of all the document that you have received here it will aid us when giving further advice.

nem

[andytrev31]

Re: MKDP LLP and a Court Claim from NCC (Want to set aside Judgement)

Nem

Thanks for the reply.

We actually never received an N1 claim form through from the CC. The letter that I sent them (my mistake) was a letter S:78 and request for all particulars relating to the letter that they sent.

The Letter that I sent to MKDP was to obtain all the information and whether there was any case for this account being closed for unenforceable credit agreement.

Now - I realised that an Overdraft / Bank Account is not deemed to be credit. So I am in a pickle at the moment. . and whether the account could be statue barred.

My question was to gather all the evidence they had on this case and present
A) A defence as and when the N1 Claim form came through
b) make and offer for instalments for the Debt.

Any help would be needed.

Thanks and great reading your posts
Nem


MrT

[nemesis45]

Re: MKDP LLP and a Court Claim from NCC (Want to set aside Judgement)

Nem

Thanks for the reply.

We actually never received an N1 claim form through from the CC. The letter that I sent them (my mistake) was a letter S:78 and request for all particulars relating to the letter that they sent.

The Letter that I sent to MKDP was to obtain all the information and whether there was any case for this account being closed for unenforceable credit agreement.

Now - I realised that an Overdraft / Bank Account is not deemed to be credit. So I am in a pickle at the moment. . and whether the account could be statue barred.

My question was to gather all the evidence they had on this case and present
A) A defence as and when the N1 Claim form came through
b) make and offer for instalments for the Debt.

Any help would be needed.

Thanks and great reading your posts
Nem


MrT

Hello Mr T,

The Limitation Act 1980 relevant 6 year period for a bank account / overdraft starts when the bank first demand immediate payment of all outstanding monies i.e.
A Demand for Payment or a Final Demand for Payment. There must be 6 clear years without any payment or unequivocal written admission of liability.

It may be useful to contact the bank and ask when this happened.

Is this account still showing on credit reference files? ( You can check Noddle online free).

It will be necessary to confirm that this alleged debt was Statute Barred on the date the claim was issued.

nem