Dinotron

[dinotron]

Hi I am new to this forum and was wondering if any one could help.
I have received a court claim (Northhampton CCBC) This is for an unpaid credit card which was originally Gold fish then Barcleycard.The company now making the claim is MKDP LLP of ,can anyone advise on how to proceed. Many thanks

[FlamingParrot]

Re: Dinotron

Hi and welcome!

Could you give us a few more details about this such as:

• How much is the alleged balance?
• When did you take out the card?
• When did you last make a payment towards this account?
• Did you ever send a CCA request?
• Did you receive a default notice (DN)?
• Did you receive a NoA (Notice of Assignment) to MKDP?
• Did you receive a Letter Before action, a letter saying a claim would be issued if you didn't respond by a certain date/in a certain number of days?
• Which solicitors are they using?

...and last, but not least, when did you receive the claim? You have 14 days to acknowledge it, if you tick the box saying you intend to defend, that should give you a further 14 days to prepare a defence. But we need some answers first... :typing:

[dinotron]

Re: Dinotron

The alleged balance is £7,076.94
Card taken out approx 2002
Last payment approx 4 years ago
No CCA request sent
Default notice recieved
Dont think there was notice of assignment
Received letter that action may be taken but no dates
No solicitor named on claim

Hope this helps as I really at a loss at what to do next

[FlamingParrot]

Re: Dinotron

Thanks for your response. Could you post up the particulars of claim, after removing all personal details? :typing:

[dinotron]

Re: Dinotron

Thanks for your response. Could you post up the particulars of claim, after removing all personal details? :typing:

Hi this is the full wording of the claim

The claimant claims the sum of 7,076.94 monies being due from the defendant to the claimant under a regulated agreement originally between the defendant and barclaycard.
The defendant account number was **************** and was assigned to the claimant on,notice of this has been provided to the defendant.The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974
The claimant claims the sum of 7,076.94 and costs.
The claimant has complied,as far as is necessary,with the pre-action conduct practice direction



This is the claim exactly as is written apart from the blanked out acc number,hope this is helpful many thanks

[FlamingParrot]

Re: Dinotron

I would suggest PMing PT2537 :first: with a link to this thread and get him to cast his expert eye over it. He is a consumer credit lawyer who works for the same firm as Cel, the site owner :yo: http://www.watsonssolicitors.co.uk/contact.html They have been successful in winning a number of cases in favour of the consumer, such as this one, where the defendant is also a member on here (Plan B): http://www.bbc.co.uk/news/business-17670803

[FlamingParrot]

Re: Dinotron

Check your PMs! :thumb:

[FlamingParrot]

Re: Dinotron

Any updates here?

It's important to acknowledge the claim if you haven't done so, to avoid default judgment. :clock: :clock: :clock:

[dinotron]

Re: Dinotron

Hi FP
I have replied online to the court entered an acknowledgement of service stating I intend to defend all of this claim.I pmed PT2537 as you suggested but as yet no reply,on speaking to my other half seemed to think last payment made was 5-6yrs ago would this make any difference,also what is aCPR 18 Request for information.Thanks for your interest and I would appreciate any comments from the forum .Dinotron

[Celestine]

Re: Dinotron

You should send this letter urgently to the claimant: (Recorded delivery and CHASE them if you get no response)

Dear Sirs,

We request disclosure of documents referred to in your claim, pursuant to CPR 31.14.

1. Copy Agreement
2. Default Notice
3. Notice of assignment

I require inspection of these documents ahead of filing the defence on XX June 2013, so I request that they are provided to me within 7 days.

If you are unable to supply these documents within 7 days, we request that you agree to an extension pursuant to CPR 15.5 of a further 21 days beyond the current defence deadline, to allow sufficient time for me to assess any documents received.

Please let me know your position on timescales for supply of the documents referred to in your pleadings.

Yours sincerely

[FlamingParrot]

Re: Dinotron

Hi FP
I have replied online to the court entered an acknowledgement of service stating I intend to defend all of this claim.I pmed PT2537 as you suggested but as yet no reply,on speaking to my other half seemed to think last payment made was 5-6yrs ago would this make any difference,also what is aCPR 18 Request for information.Thanks for your interest and I would appreciate any comments from the forum .Dinotron

It would make a HUGE difference if that meant the debt is Statute Barred! In Scotland it would be 5 years without payment or written acknowledgment but in England it would be 6 years. Have you got any statements going back that far? If you think the debt may be SBd you could ask for the date of last payment.

[FlamingParrot]

Re: Dinotron

Hi FP
I have replied online to the court entered an acknowledgement of service stating I intend to defend all of this claim.I pmed PT2537 as you suggested but as yet no reply,on speaking to my other half seemed to think last payment made was 5-6yrs ago would this make any difference,also what is a CPR 18 Request for information.Thanks for your interest and I would appreciate any comments from the forum .Dinotron

In addition to requesting documents mentioned on their particulars of claim as per Cel's post above, you could write asking for specific information, such as last payment dates, if you think it could have been as long as 6 years ago (your profile says you are in England so it would have to be 6 years not 5). :thumb:

[dinotron]

Re: Dinotron

thanks will send today

[FlamingParrot]

Re: Dinotron

thanks will send today

I hope you haven't sent anything yet!

If you want to send a Part 18 request, it has to be properly worded, an example is attached, but you should edit it carefully to make it applicable to your particular case.

http://www.justice.gov.uk/courts/pro...l/rules/part18

[dinotron]

Re: Dinotron

Hi have done as suggested but added request for date of last payment sent by recorded delivery. Have I compromised myself by doing this. Thanks again for help.