MKDP

[Amethyst]

Re: MKDP v Kandis

Well done for today xx It may be the application IS the agreement, we need to check the terms.

Do they look like this?

• Application.pdf (3.84 MB, 14 views)
• TandC.pdf (2.01 MB, 7 views)

[Kandis]

Re: MKDP v Kandis

Thanks darling.
The first one doesn't but yes to the second. Hubby is off overseas on Wed for a while - I can concentrate uploading then. Bit brain dead at mo.
Xx

[Kandis]

Re: MKDP v Kandis

Just to add, now I'm a bit more calmer and not intimidated by "pink-bow tie" man. The Judge did say "mediation" will be beneficial to both claimant and defendant - (again, not that MKDP were in favour last time!) The legal rep was in agreement too. He really was a super Judge. The legal rep was talking about costs in legal jargon, and the Judge said to me you didn't understand that did you? ..me, nods no! He took his time to explain in layman terms to me! The Legal rep wasn't impressed! I will upload the documents and let Ame, Cel, advise me what to do.
Thank you for all your support!
Xx

Aside from all that, I was listening to all the "rubbish" "bigging himself up" the legal rep for MKDP was spouting to the Usher (lady) before we went into the Judge's hearing room! The guy is an arse..sorry!! We were waiting for 20 mins, no-one else in waiting apart from us.

[Kandis]

Re: MKDP v Kandis

Sorry Ame,
I'm trying to upload the docs I got in court. Somehow I can't do it! ;( Have sent them to you though.
XX

[Amethyst]

Re: Kandis V MKDP Barclaycard (2)

Claims against Kandis's Hubby Barclaycard....

Court on Friday - unable to attend

Claim for £4444.50 (around about)

IMPORTANT !!!! Accounts started before May 1985, the creditor only has a duty to supply a copy of current terms and conditions. - this is dated MARCH 1985. Regulation 9 of the Copies of Documents Regulations. - actual date 19th May 1985.

Copies of old agreements and security instruments where the agreement or security instrument has been lost etc

9. Any copy of an executed agreement made before 19th May 1985 or of a security instrument relating to security provided before that date which is given to the debtor, hirer or surety under any provision of the Act on or after that date may comprise an easily legible statement of the current terms of the agreement or security as the case may be insofar as they are known to the creditor or owner where, due to an accident or some other cause beyond his control, the creditor or owner does not have in his possession the executed agreement or security instrument or any copy thereof.

MKDP have sent a witness statment ?? to court ?? stating they do not have the original executed agreement and are unable to reconstruct it - presumably they have given a reason that works with Regulation 9.

Letter from Lloyds 1985 saying yes to credit (attached)

Copy of original 1985 application form (attached)

Copy of Terms - checking date ( attached ones you think are the same but you will try scan in the ones you have - the attached ones are from AFTER 1995 anyway - note 01604 dialling code)

Template LBA from Keynes

Template help & advice from Keynes

Notice of Assignment from Barclaycard to MKDP

Missing Default Notice ?????? easy to recreate and show screenshot but might assist if its faulty.

[Amethyst]

Re: Kandis V MKDP Barclaycard (2)

Okay.

No other disputes on the amount owed etc.

Combined all the docs and that you can't go to the hearing, a skeleton/witness statement I don't think will convince a judge, particularly if pink bow tie man attends.

I'm inclined to say go down the negotiation route now.

[Kandis]

Re: Kandis V MKDP Barclaycard (2)

OK thanks Ame. Xxx
So, shall I turn up in court instead of hubby and negotiate? See the horrible pink tie man before the judge? I will scan the rest of the docs later.