Mkdp llp....... Ccj...... Claim withdrawn !!! WON !!!!

**Amethyst** · 23rd March 2014, 08:55:AM

Re: MKDP LLP....... CCJ......helppp please

Okay, you can apply for either a set aside of the judgment to allow you to enter a defence, or enter a redetermination/variation request to enable you to pay the debt by instalments that are affordable to you. Having the order changed to an installment one is quite straightforward and costs nothing if you do it straight away as the judgment was decided without a hearing.

To set aside the judgment you need to show you have a reasonable chance of success at defending the claim and it will go to a hearing, so to work out whether it is viable we'll need a bit more info about the debt.It doesn't sound like you have a major dispute with the debt. time barring isn't an option as that ended the date the court claim was entered to court.

So what is the debt? Credit card? Loan? Overdraft?
Have you been making any reduced payments since default?
Any PPI ?

**Raxa** · 23rd March 2014, 23:37:PM

Re: MKDP LLP....... CCJ......helppp please

Hi Amythyst,
thanks for your reply, it was a loan from HSBC and the last payment was made in August 2008 and no PPI. But i never heard anything from MKDP LLP before this CCJ. I dont know when they bought this loan from HSBC and they never informed me that they are going to start court proceedings against me. How can I start repayments to them.
If I go for set aside judgement and i ask MKDP to provide me the signed agreement or any other document that HSBC have sold them this loan, will it give me some time to go for time barred defence? I am so much confused.......

**wales01man** · 24th March 2014, 09:21:AM

Re: MKDP LLP....... CCJ......helppp please

As Amethyst says time barring is stopped when a judgement is made you have to defend another way if there is one?

**Amethyst** · 24th March 2014, 09:29:AM

Re: MKDP LLP....... CCJ......helppp please

When did you take out the loan?

You won't be able to use time barred as a defence.

So your options are to attempt to set aside the debt based on no documentation - but if they just turn up with compliant documentation then you're back to square one plus costs of the set aside application and possibly further solicitors costs, and there doesn't appear to be another defence open to you..... OR, and I think this is more viable, to enter a request for redetermination to order an installment payment to repay the debt. Installment payments can be ordered at an affordable amount based on your income and expenditure.

Do you own your own property ? If so they may ask for some security in the form of a charging order - which would sit on the property and repay the debt if you sold.

**Raxa** · 7th May 2014, 11:58:AM

Re: MKDP LLP....... CCJ......helppp please

Hi Amethyst,
Sorry for no replying, I took out the loan 2007.
I have applued for a set aside hearing which was approved and the hearing is on 9th of may.
I am not in a financial position to afford a lawyer so I really need your help to go through thid. I have some questions if someone could please answer.

1 what shall I take with me at a set aside hearing.
2 what will happen in the court.
3 what are the possible outcomes of this hearing.

Please advise me.......

**Amethyst** · 7th May 2014, 12:29:PM

Re: MKDP LLP....... CCJ......helppp please

Okay

Could you paste a copy of your set aside application text and (if you did one) your accompanying defence.

**Raxa** · 7th May 2014, 12:54:PM

Re: MKDP LLP....... CCJ......helppp please

Thanks a ton for replying.
In the form it asked "what order you are asking court to make and why?"
I wrote order to set aside the judgement because I never received any summons and was unabke to dispute or defend.
My defence statement which I attached with the form is below;

In the County Court
Northampton

MKDP LLP
Fleming House
Seebeck Place
Knowlhill
Milton Keynes
MK5 8FR

VS

Mr. ×××××××
Flat ××
××××××××××××××
×××××××× Close
BIRMINGHAM
××× ×××

CLAIM NUMBER: A3JA5337

Subject: Application to set aside the judgement

Hounrable Judge,

With respect to this claim, the first time I found out about it was on 15TH March 2014, when I recieved a court judgement. I did not recieve any court documentation before this. I am therefore applying for this set aside within 7 working days of being notified of this matter.

If I had recieved the claim form, i would have defended it on the basis of an unenforceable credit agreement and a counter claim of unlawful penalty charges.

On 24th March 2014 , a request was made under section 78-79, of the Consumer Credit Act 1974, to obtain a copy of a credit agreement that the alleged debt refers to. It was sent by Recorded Delivery to the Claimant with the statutory £1.00 fee enclosed. It will give the Claimant twelve working days from receipt of the request, to provide said document, which is stipulated in Regulation 2 of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983. If the claimant has not provide this document and have failed to produce a credit agreement within the requisite timescale or at all, the Claimants will be in default of said request under section 78(6)(a) or 79(6)(a) of the Consumer Credit Act 1974.

I would like to make the set aside application on the grounds of;

1. I never received any summons and was unable to dispute or defend.
2. I have no knowledge of a debt owed to the debt collector.
3. No previous correspondence from the claimant regarding a debt prior to the claim.
4. The claim is based on a debt that was assigned to the claimant, but I have also received a letter from another debt collection agency for the same amount.
5. The Claimant never sent me any document thst they have been assigned the alleged debt and tgey are the lawful debt collector on the behalf of the assignor.

I therefore request the Hounorable Court to set aside the CCJ against me and give me a chance to defend myself.

Yours sincerely,

**Cadburry** · 8th May 2014, 17:32:PM

Re: MKDP LLP....... CCJ......helppp please

Hi guys,
Tomorrow I am going for the set aside hearing. Any help???????

**Amethyst** · 8th May 2014, 18:26:PM

Re: MKDP LLP....... CCJ......helppp please

Hi, are you and Raxa the same person ? (just checking)

1. I never received any summons and was unable to dispute or defend.
2. I have no knowledge of a debt owed to the debt collector.
3. No previous correspondence from the claimant regarding a debt prior to the claim.
4. The claim is based on a debt that was assigned to the claimant, but I have also received a letter from another debt collection agency for the same amount.
5. The Claimant never sent me any document thst they have been assigned the alleged debt and tgey are the lawful debt collector on the behalf of the assignor.

Sounds reasonable and that's pretty much all you will need to argue in court. This will be the sticky point in court ''I know I do owe this amount to a bank and i have been repaying untill August 2008, then i got default.'' as you will most likely be asked. Your defence appears to be that you have had nothing from MDKP to evidence they own the debt, no letter assigning the debt to them or any pre warning of the claim, they haven't supplied you with the credit agreement under the consumer credit act, and you have no other information other than a recollection that you used to have an account with the original creditor which did default but you do not believe it was anything like the amount claimed.

**Amethyst** · 8th May 2014, 18:27:PM

Re: MKDP LLP....... CCJ......helppp please

btw MKDP seem to have an awful lot of default judgments over this last week or so.

**Raxa** · 8th May 2014, 22:50:PM

Re: MKDP LLP....... CCJ......helppp please

Cadburry is my younger sis. She told me about this forum and since I am not a computer man so she actually set up the account for me. This evening I asked her to check the thread for me. I think she logged in with her name instead of mine and leave the request. Yes tomorrow is my hearing in Birmingham and I will update the thread whatever the outcome.

**Raxa** · 8th May 2014, 22:56:PM

Re: MKDP LLP....... CCJ......helppp please

Let's see what good I will make out of it. I don't have anything to pay off the debt anyway. They might win the case but since my circumstances are not good enough how am I going to pay the debt.

**Amethyst** · 8th May 2014, 22:59:PM

Re: MKDP LLP....... CCJ......helppp please

Ahhh, did confuse me a little bit

I would expect the set aside will be 'stayed' or kept on hold and the judge orders MKDP to get together the relevant information to enable you to decide if you want to proceed with a defence.

Have you had anything at all from MKDP since entering your application?

If they show up tmw with all the paperwork let the judge know that it's not on and you should be given a couple weeks to review the information given to decide what to do ( whether to ask to vary the forthwith order to instalments etc or whether to proceed with the application and defend part or all of the claim. )

I'd also give the court a buzz in the morning and check if anything has been submitted to the court and whether the hearing is going ahead.

Best of luck for tomorrow and please let us know how you get on.

**Amethyst** · 8th May 2014, 23:04:PM

Re: MKDP LLP....... CCJ......helppp please

You'll be fine, don't let them intimidate you at all and don't get angry in the hearing. Just explain to the judge you don't feel they have acted properly as you knew nothing at all about this until receiving the judgment which was a bit of a shock, and that you really aren't sure exactly what the debt is or how it got to that amount, that's why you sent the CCA request, you don't want to avoid your debts but need some kind of information to know the details of what this is.

If they do turn down the setaside ask if you can ask to vary the order to installments and outline your circumstances. If you can put together an income and expenditure sheet just in case that might be helpful. But as I said I would think the judge will ask them to provide the relevant information and allow you time to review it.

Really does depend on the judge on the day I'm afraid.

Good luck xx

Mkdp llp....... Ccj...... Claim withdrawn !!! WON !!!!