MKDP

[Kandis]

Re: MKDP v Kandis

I thought that, so I worded it the same, albeit Telford County court for the convenience of the defendant!

[skilganon]

Re: MKDP v Kandis

Hi kandis,

i think by what i have read you have already sent your DQ back ?

you already have , in amethyst and flaming parrot, two of the best guiding you:thumb:

but i will put forward a suggestion if you have not already sent off the DQ.

the courts are very busy at the moment as you can probably see by what is happening on this site alone and would much prefer mediation,

so my thoughts are:

why not tick the box for mediation clearly mark next to the 'tick' box see separate letter,then file into court your DQ with accompanying letter.

put in your letter something like:

"Dear Sir/Madame,
I have ticked the box on the directions questionnaire to use the small claims mediation service, however as I have not received any form of proof from the claimant that the alleged debt exists, nor have I received a deed of assignment, or deed of novation showing proof that the claimant has the rights, title or interest to collect on any alleged debt, I am unable to enter into any mediation unless proof of the claim is provided.

I have made a cpr request to the claimant, before the claim was allocated to any track, dated z sent by recorded post, to verify their claim by providing me with: x,y,z etc, and to also provide a certified copy of the deed of assignment to show they have the right, title and interest to pursue on any alleged debt. This has been ignored.

In order for the defendant to enter into any mediation could I respectfully request that the court make an order that the claimant provide x,y and z ( whatever you asked for), and provide a certified copy of the deed of assignment proving that the claimant has full rights, title and interest in any property as only they can bring a proper claim."

sign it

this is only my humble opinion, but it points to the fact that MKDP have not complied and are in breach of the rules.

it may well resurrect your cpr request.

[FlamingParrot]

Re: MKDP v Kandis

In order for the defendant to enter into any mediation could I respectfully request that the court make an order that the claimant provide x,y and z ( whatever you asked for), and provide a certified copy of the deed of assignment proving that the claimant has full rights, title and interest in any property as only they can bring a proper claim."

sign it

this is only my humble opinion, but it points to the fact that MKDP have not complied and are in breach of the rules.

it may well resurrect your cpr request.

The reason the CPR request is 'dead' is because it's sent under Part 31 of the CPR and Part 31 does not apply to the small claims track: http://www.justice.gov.uk/courts/pro...es/part27#27.2

27.2
(1) The following Parts of these Rules do not apply to small claims –
(a) Part 25 (interim remedies) except as it relates to interim injunctions^(GL);
(b) Part 31 (disclosure and inspection);

The request is sent on the basis that the case has not been allocated to any track until after a defence is submitted and the claimant states their intention to proceed.

However, that doesn't mean the claimant doesn't have to produce anything. After the directions questionnaire is returned, the court will give directions. These include the disclosure of documents:

27.4
(1)After allocation the court will –
(a) give standard directions and fix a date for the final hearing;
(b) give special directions and fix a date for the final hearing;
(c) give special directions and direct that the court will consider what further directions are to be given no later than 28 days after the date the special directions were given;
(d) fix a date for a preliminary hearing under rule 27.6; or
(e) give notice that it proposes to deal with the claim without a hearing under rule 27.10 and invite the parties to notify the court by a specified date if they agree the proposal.
(2) The court will –
(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and
(b) inform them of the amount of time allowed for the final hearing.
(3) In this rule –
(a) ‘standard directions’ means –
(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

[skilganon]

Re: MKDP v Kandis

i understand FP, :thumb:

my thoughts were that it 'may' result in a DJ ordering the claimant to produce documents before a hearing date was set, therefore taking the stress out of the claim for the OP, giving the defendant an opportunity to see what mkdp have and still have the option to enter into mediation should that be considered the best course of action.

still learning and appreciate your opinion as always

[Kandis]

Re: MKDP v Kandis

Hi all,

Notice of Transfer of Proceedings: The claim has been transferred to the County Court Hearing Centre - My local one and not theirs, (as they stipulated on their directions form) Will wait and see what the Judge says now in his directions.

[Kandis]

Re: MKDP v Kandis

Hi all,
I've had the Judge's Order today. Don't have a clue if it's good or bad for me. Have tried to upload it, but it failed, so will email admin tomorrow. Court date is in Nov. I did note that the claimant has to pay £325 for the hearing to take place - is that standard practice? And, all paperwork has to be in 14 days before court hearing - which is the norm I know.
Thank you.
Xx

[Kandis]

Re: MKDP v Kandis

Hi
Thought better update this thread, I sent admin the Court Order as couldn't upload it myself - don't know why.
Mediation have been in touch and are going to contact MKDP. Will email them back to say very difficult to mediate without any paperwork at all from MKDP.
Court date is next month and MKDP have to file paperwork two weeks before! Ahem!!
What do I need to do next please?
Ta muchly for all help!

[Kandis]

Re: MKDP v Kandis

Hi all,
Could someone have a read over Witness Statement and tell me if it's OK. I have to have it in by Monday. Thank you! X


I xxxxxxxxxxxxxxx being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of my defence in this case.

2. On/around 5^th May 2014 I received the claim in this case as issued on 1^st May 2014 via Northampton County Court Business Centre.

3. The Particulars of claim were vague and did not give me enough information to enable me to properly assess my position with regards the alleged indebtedness to the Claimant.

4. The Claimant has not complied, as far is necessary, with the pre-action conduct. ie in their Particulars of Claim, they say “under a regulated agreement” which they have not produced to the defendant and still haven’t to date.

5. No notice of assignment has been produced to the defendant despite the claimant saying so in the Particulars of Claim.

6. On 12^th May 2014, In order to find out which product this claim was for, and details how the sum was made up, I sent a request to the claimant's solicitor requesting the default notice, assignment and the formal demand as allowed under CPR 31.14 (Exhibit A). Which to this date, I still have no documentation 5 months later.

7. On the same date I also sent a request to the claimant, as creditor, under section 77-79 of the Consumer Credit Act 1974 for a copy of the Consumer Credit Agreement (Exhibit B) with payment for £1. Again as above, I still have had no documentation re this 5 months later.

8. On 28^th May 2014 I contacted the claimant via email, about 6 times to Miss Sarah Lambert and Miss Lucy Brown (Exhibit C) as I had not received any responses to my formal requests and asked them to agree to an extension of 28 days to file my defence, to which I got no response.

9. On 29^th May 2014 I got a response after numerous emails that an extension was granted, on the grounds that they could not fulfil my CCA and CPR requests and that it would take a further 8 weeks for them to get the information from Barclaycard. Given that MKDP LLP brought the claim against me in May 2014, I would have considered they should have the documents in hand at the point they filed the claim. (Exhibit C)

10. On 30^th May I emailed Northampton Business Centre with the attachments of the said extension from MKDP LLP.

11. On the 26^th June I emailed Northampton Business Centre with my defence and sent a hard copy in the post. (Exhibit D) I did not receive a copy of the Claimant’s defence, though I am led to believe they had a copy of mine.

12. On the 9^th July MKDP sent me a letter stating that they were still unable to fulfil my CCA and CPR requests, and would contact me as soon as they receive the requested documentation. (Exhibit E)

13. On 21^st July 2014 a N149A was issued from the County Court Business Centre - Notice of proposed allocation to the Small Claims Track, and N180 Directions Questionnaire and offer of mediation.

14. I received a letter from the claimant dated 23^rd July 2014 enclosing a copy of their Directions Questionnaire stating that the court will be in contact in due course. (Exhibit F)

15. 1^st August 2014 I completed the Directions Questionnaire and posted it back to Northampton Business Centre.

16. 11^th August, Northampton County Court issued a Notice of Transfer of Proceedings to my local County Court in Telford, Shropshire.

17. On the 4^th September Notice of Allocation to the Small Claims Track was issued to me, with directions from the Judge for both the claimant and the defendant, one of them being, all paperwork to rely on in court must be no later than 14 days before the hearing, the date being 29^th October 2014.

18. I contacted the mediation service via email saying that although I agree in principle with this, but without appropriate paperwork it would be difficult to mediate. I have not heard back from mediation. (Exhibit G)

19. I have still not had any further information from the Claimants regarding this claim and have been unable to find out if they properly own the debt, if any exists, and exactly what the debt is.

STATEMENT OF TRUTH

I, xxxxxxxxx, the Defendant, believe the facts to be contained in this Witness Statement to be true.

[Amethyst]

Re: MKDP v Kandis

Morning, hope you aren't feeling abandoned, sorry I missed your post before xxx

Let's have a look at this Witness Statement then

--------------------------------------------------------------------------------------------

I xxxxxxxxxxxxxxx being the Defendant in this case will state as follows:

1. I make this Witness Statement in support of my defence in this case.

2. On/around 5^th May 2014 I received the claim in this case as issued on 1^st May 2014 via Northampton County Court Business Centre.

3. The Particulars of Claim were vague and did not give me enough information to enable me to properly assess my position with regards the alleged indebtedness to the Claimant.

4. The Claimant has not complied, as far is necessary, with the pre-action conduct. ie in their Particulars of Claim, they say “under a regulated agreement” which they have not produced to the defendant and still haven’t to date.

5. No notice of assignment has been produced to the defendant despite the claimant saying so in the Particulars of Claim.

6. On 12^th May 2014, in order to find out which product this claim was for, and details how the sum was made up, I sent a request to the claimant's solicitor requesting the default notice, assignment and the formal demand as allowed under CPR 31.14 (Exhibit A). The Claimant did not send any copies of documentation, and I still, 5 months later, have no further information relating to their claim.

7. On the same date I also sent a request to the Claimant, as creditor, under section 77-79 of the Consumer Credit Act 1974 for a copy of the Consumer Credit Agreement (Exhibit B) with payment for £1. To date the Claimant has failed to supply me with a true copy of the credit agreement.

8. On 28^th May 2014 I contacted Miss Sarah Lambert and Miss Lucy Brown by email (Exhibit C) as I had not received any responses to my formal requests and asked them to agree to an extension of 28 days to file my defence to enable them more time to supply documentation required to consider my position regarding the claim.

9. On 29^th May 2014 I received a response which informed me that an extension was agreed on the grounds that they could not fulfil my requests for documentation under s.77 - s.79 Consumer Credit Act and the Civil Procedure Rules, and that it would take a further 8 weeks for them to get the information from Barclaycard. (Exhibit D) Given that MKDP LLP brought the claim against me in May 2014, I would have considered they should have the documents in hand at the point they filed the claim.

10. On 30^th May I emailed Northampton Business Centre with the attachments of the agreed extension from MKDP LLP.

11. On the 26^th June I emailed Northampton Business Centre with my defence and sent a hard copy in the post. (Exhibit E) I did not receive a copy of the Claimant’s defence, though I am led to believe they had a copy of mine.

12. On the 9^th July MKDP sent me a letter stating that they were still unable to fulfil my CCA and CPR requests, and would contact me as soon as they receive the requested documentation. (Exhibit F)

13. On 21^st July 2014 a N149A was issued from the County Court Business Centre - Notice of proposed allocation to the Small Claims Track, and N180 Directions Questionnaire and offer of mediation.

14. I received a letter from the claimant dated 23^rd July 2014 enclosing a copy of their Directions Questionnaire stating that the court will be in contact in due course. (Exhibit G)

15. On the 1^st August 2014 I completed the Directions Questionnaire and posted it back to Northampton County Court Business Centre.

16. On the 11^th August, Northampton County Court issued a Notice of Transfer of Proceedings to my local County Court in Telford, Shropshire.

17. On the 4^th September Notice of Allocation to the Small Claims Track was issued to me, with directions from the Judge for both the claimant and the defendant, one of them being, all paperwork to rely on in court must be no later than 14 days before the hearing, the date being 29^th October 2014.

18. I contacted the mediation service via email (Exhibit H) saying that although I agree in principle with this, but without appropriate paperwork it would be difficult to mediate. I have not heard back from the mediation service.

19. I have made every effort to obtain further information from the Claimants. I have been unable to find out if they properly own the debt, if any exists, and exactly what the debt is. Specifically as the claimants have failed to comply with my formal request for a copy of the credit agreement under section 77-79 of the Consumer Credit Act the debt is unenforceable while this default remains.



STATEMENT OF TRUTH

I, xxxxxxxxx, the Defendant, believe the facts to be contained in this Witness Statement to be true.

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Excellent job there Kandis I haven't made many changes at all - check your exhibit numbers as you had C twice (but that may have been on purpose) and I've amended it.

You need to send a copy to the court AND a copy to the claimants.

[Kandis]

Re: MKDP v Kandis

THANK YOU SO MUCH honey bun!
OK noted re exhibits - hadn't checked it properly. Will send to court and claimants.
Xxx

[Kandis]

Re: MKDP v Kandis

Hi all.
Just finalising all my paperwork for court today, which I will deliver in person. MKDP have been sneaky so and so's! In response to me my CCA to them, they 2 months later sent a letter to my O/H stating they couldn't fulfil the request. This has nothing to do with this case at all! We never wrote to them regarding that claim only this one! What does that mean for me, what do I do about this, ignore or write back? I certainly did not CCA them re the other Barclaycard debt which is not at court at the moment.
Do I add this to my court bundle? As clearly they sent it relating to the CCA I sent re this claim and it's for the wrong account - data protection act and all that?
Sorry, am panicking now!!!

Thank you all. Xx

[Amethyst]

Re: MKDP v Kandis

Don't panic, but I am a little confused what their letter actually says, this latest letter is for a different account and still states they couldn't comply ? I wouldn't add it to the court bundle.


Presumably you haven't had witness statements and documents they intend to rely on back from them yet?

[Kandis]

Re: MKDP v Kandis

Hi Ame,
It's the letter in response to my CCA - stating that they can't fulfil my request and it will take 8 weeks, blah blah. BUT it's not for this claim and have sent me o/h details on it, to which we didn't CCA for that account, and it's not at court stage. Only this claim is. And I like a numpty didn't check before I sent the bundle to MKDP, which includes this letter!! Thank God I did this am for Court bundle.
Delivered to local court and as per usual nothing from MKDP at Court yet. Surprise, surprise! And no, nothing for me in the post today.
Xx

[Kandis]

Re: MKDP v Kandis

Still nothing from MKDP! Quelle surprise!
They've sent me another letter saying we can't help with your request, for the other account! I've not CCA'd that account! Muppets!

[Amethyst]

Re: MKDP v Kandis

When was theirs due in?

We should probably ring and tell the court they havent done it.