Claim Form received from claimant MKDP LLP, need help

[ZooWoo]

7 days ago I received a Claim Form for an old Barclaycard CC debt of just over 4k

The DCA MKDP LLP claim that it was assigned to them in July and a default notice was sent.
I've never hear of them.

From what I've read here I need to response (online OK?) within 14 days so I can get 28 days.
As well as send of a CCA Request.
Then what?

Any help gratefully received.

Thanks

[FlamingParrot]

Re: Claim Form received from claimant MKDP LLP, need help

7 days ago I received a Claim Form for an old Barclaycard CC debt of just over 4k

The DCA MKDP LLP claim that it was assigned to them in July and a default notice was sent.
I've never hear of them.

From what I've read here I need to response (online OK?) within 14 days so I can get 28 days.
As well as send of a CCA Request.
Then what?

Any help gratefully received.

Thanks

You need to acknowledge service within 14 days of the date of the claim and you get a total of 28 days to prepare your defence.

Could you scan or take a photo hoto: of the particulars of claim and post up here, covering up your personal details. :typing:

You may want to look at this post for reference regarding what you could send: http://www.legalbeagles.info/forums/...955#post382955

...and this one regarding acknowledgment, which you can do online, using the P/W supplied on your claim form: http://www.legalbeagles.info/forums/...223#post383223

[ZooWoo]

Re: Claim Form received from claimant MKDP LLP, need help

Claim form attached.

Acknowledgement sent online

14 days to file defence.

Next steps? CCA Request?

Thanks

[FlamingParrot]

Re: Claim Form received from claimant MKDP LLP, need help

As they mention a regulated agreement, assignment and a default notice, you can send the standard CPR 31.14 request as below. Although the amount claimed will very likely result in allocation to small claims track, it hasn't yet been allocated, which is why you send the letter below. :thumb:

It should be sent recorded delivery and signed digitally using a computer font rather than your real signature. :grin:

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or other marking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Claim Form received from claimant MKDP LLP, need help

Claim form attached.

Acknowledgement sent online

14 days to file defence.

Next steps? CCA Request?

Thanks

Time is running out for compliance with a CCA request because they are allowed 14 days in total, but you can still send the letter below, recorded delivery with a £1 PO. As with the CPR letter, sign it using a computer font. :thumb:

Barclays are notoriously bad at retrieving agreements. :grin:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[ZooWoo]

Re: Claim Form received from claimant MKDP LLP, need help

I've not been well and have let this slip too much (couldn't face it). I have sent the CCA and CPR requests but they won't reply in time :tinysmile_cry_t:

From searching it seems I need to get the to agree an 28 day extension:

How do I do that? Call?

How do I tell the court, is it to e-mail ccbcdefendants@hmcts.gsi.gov.uk my case number starts 3JA...
How do I prove they've agreed?

Or do I send a defence that I haven't got the paper work to defend?

Any help gratefully received.

[Amethyst]

Re: Claim Form received from claimant MKDP LLP, need help

Yes, if you can give the claimants sols a ring (or email them but ringing will set your mind at ease quicker) and ask them to send you a letter confirming to a 28 days extension due to them not having complied with your CPR and CCA requests and your being unable to defend due to not having any paperwork for the claim, that you can send to the courts.

[FlamingParrot]

Re: Claim Form received from claimant MKDP LLP, need help

I've not been well and have let this slip too much (couldn't face it). I have sent the CCA and CPR requests but they won't reply in time :tinysmile_cry_t:

From searching it seems I need to get the to agree an 28 day extension:

How do I do that? Call?

How do I tell the court, is it to e-mail ccbcdefendants@hmcts.gsi.gov.uk my case number starts 3JA...
How do I prove they've agreed?

You may want to look at this thread for reference: http://www.legalbeagles.info/forums/...ty-Court/page3

Basically you get them to agree in writing to an extension, then notify the court.

Or do I send a defence that I haven't got the paper work to defend?

Any help gratefully received.

No, you can't prepare a defence without sight of the documents, that's the reason for requesting them in the first place. :thumb:

[ZooWoo]

Re: Claim Form received from claimant MKDP LLP, need help

I've had no reply to the CCA and CPR requests and was issued a default on the 23/12/2013. I've only just received the letter.

As they haven't provided the requested documentation can I submit a N244 asking for the judgement to be set aside?
Do I simply state I've not received a copy of the relevant documentation they claimed to have when filling the claim and have never had any contact with them prior to the court papers?

Any help completing the N244 would be great.

[FlamingParrot]

Re: Claim Form received from claimant MKDP LLP, need help

I've had no reply to the CCA and CPR requests and was issued a default on the 23/12/2013. I've only just received the letter.

Did you ever get in touch with the claimants as Ame and I suggested above, to apply for an extension of time? :confused2:

As they haven't provided the requested documentation can I submit a N244 asking for the judgement to be set aside?
Do I simply state I've not received a copy of the relevant documentation they claimed to have when filling the claim and have never had any contact with them prior to the court papers?

Any help completing the N244 would be great.

I'll flag this up for the site owners to look at. :help:

[dillondon]

Re: Claim Form received from claimant MKDP LLP, need help

I got similar claim for £10340 from MKDP. I acknowledge the claim on line yesterday and a total 12 days passed . I am preparing CPR and CCA request as as per the threads here.If the claim amount is over £10000 do i need to do any thing different than the normal CPR, CCA request? Do i need to make any changes to the normal CPR request letter posted here? Further more My actual Name and Name on claim form and account with HSBC are different. Do this helps me in any way?? Here in my case HSBC assigned the debt to the claimant MKDP so i need to send a CPR request to MKDP and CCA Request to HSBC - Please correct me if i am wrong. Views and guidance in this matter is highly appreciated. Thank you so much in advance and looking forward for help ASAP. Many thanks..