MKDP

[Kandis]

Hi,
This is my first post so please bear with me. I have been reading up lots and lots on this brilliant site.
OK. Court claim received yesterday 8/5/2014 from MKDP for Baclaycard. No paperwork from them whatsoever, just straight for the kill of a claim. Was filed at Northampton. What do I do now please? I know they won't have the paperwork for this claim and certainly won't have the CCA, I doubt Barclaycard will either as was taken out donkey's years ago. They haven't complied with as far as necessary with the pre-action conduct! No letter of action etc.
I'm trying to keep sane but it's difficult at the moment and would appreciate any help I can get.
Thank you so much.

[mystery1]

Re: MKDP v Kandis

http://www.legalbeagles.info/forums/...m-what-do-I-do

http://www.legalbeagles.info/forums/...ic-information

http://www.legalbeagles.info/forums/...y-of-Agreement

M1

[Kandis]

Re: MKDP v Kandis

Thank you.
Do I CCA them?

[Kandis]

Re: MKDP v Kandis

Sorry ignore above post. Will CCA them today.

[ncf355]

Re: MKDP v Kandis

Kandis,

have you acknowledged the claim online?

I know all this is in the links M1 posted, just making sure as you need to do this first and foremost to prevent them getting default judgment

[ncf355]

Re: MKDP v Kandis

To reassure you, its likely this will be easy to defend if, as you say, the card was taken out some years ago - can you give a more accurate time (just year would do)?

Obviously no guarantees, but as I say 'likely'!

[Kandis]

Re: MKDP v Kandis

Just done it now online. Thank you. Hmmm I'm guessing the date here - 30 years ago!

[FlamingParrot]

Re: MKDP v Kandis

To reassure you, its likely this will be easy to defend if, as you say, the card was taken out some years ago - can you give a more accurate time (just year would do)?

Obviously no guarantees, but as I say 'likely'!

This is my first post so please bear with me. I have been reading up lots and lots on this brilliant site.
OK. Court claim received yesterday 8/5/2014 from MKDP for Baclaycard. No paperwork from them whatsoever, just straight for the kill of a claim. Was filed at Northampton. What do I do now please? I know they won't have the paperwork for this claim and certainly won't have the CCA, I doubt Barclaycard will either as was taken out donkey's years ago.

Barclays are notoriously bad at supplying CCAs, they seem to have sent a lot of their documents to off-the-premises storage facilities years ago.

As for the year, anything between May 1985 and April 2007 has to be good news. I hope "donkey's years" doesn't mean before that.

They haven't complied with as far as necessary with the pre-action conduct! No letter of action etc.

This has an effect on costs, which tend not to be an issue on the small claims track. How much was the claim for?

I'm trying to keep sane but it's difficult at the moment and would appreciate any help I can get.
Thank you so much.

As noted above, you need to acknowledge service and state your intention to defend, which you can do online, using the details supplied on the claim to log in. :typing: You must do this within 14 days of the date of service.

Once you've done that, you get a further 14 days to submit a defence. :thumb:

[FlamingParrot]

Re: MKDP v Kandis

Just done it now online. Thank you. Hmmm I'm guessing the date here - 30 years ago!

Oh, see my post above. However, you are only GUESSING, aren't you? Without the documents, the exact opening date can't be established. The reason this is relevant is because, for accounts started before May 1985, the creditor only has a duty to supply a copy of current terms and conditions. However, you may well have opened this account in, say September 85, so they'd still have to comply, only knowing Barclays, they won't be able to. :thumb:

[Kandis]

Re: MKDP v Kandis

Oh pooh! I cannot remember the date at all. Argh! I'm hoping it's after 1985 then!
The claim is for 4,630

[FlamingParrot]

Re: MKDP v Kandis

Oh pooh! I cannot remember the date at all. Argh! I'm hoping it's after 1985 then!

What does it say on the PoC if anything? If they can't find any documents to prove it was opened before May 1985, they can't argue they don't need to supply a CCA, if you see what I mean. :thumb:

The claim is for 4,630

Likely to go to small claims then.

[Kandis]

Re: MKDP v Kandis

Just scanning it. Won't be a tick.

Don't know how to upload scan...

[Amethyst]

Re: MKDP v Kandis

Just scanning it. Won't be a tick.

Don't know how to upload scan...

http://www.legalbeagles.info/forums/...r-details-safe!)

[Kandis]

Re: MKDP v Kandis

Don't know what I'm doing wrong, but every time I upload it goes blank

[Amethyst]

Re: MKDP v Kandis

That'll be the filesize too big I suspect - email it to me - admin@legalbeagles.info and I'll sort it for you xx