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 Claim withdrawn !!!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

[Raxa]

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

Thanks amethyst, for your every help.
So I went for hearing today and MKDP didnt turned up. Judge read my defence statement and confirmed every point. I presented the copy of SAR,CCA, CPR and tell hime that nobody have replied yet except the bank,(the needed a signed application from me to proceed with my rewuest) he studied every document very thoroughly then he approved the application as there was no one to make objection. He gave me time untill 18th june to submit my defence.

So since the case has been set aside am I going to receive the court summons and the response pack?

As you advised me I was prepared for everything, I had my up to date bank statements, my tenancy agreement, HM revenue anual benefit calculations statement. Letters from other debt collecting agencies claiming for the same account.
But the judge didnt asked for anytjing. He was really nice. I am going to attach everything in my defence statement.

Thanks once again.

[Amethyst]

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

Marvellous - well done you I'm glad you were prepared as you really never know what the judge you get is going to be like.

So you have the set aside and now need to enter your defence by 18th June. You should get an order in the post in a few days spelling out that you have the set aside and the dates, then you can, if they don't just send it and to be honest I'm not sure that they will, ask them for the original claim form.

Good news is the judge already knows about the lack of documentation so hopefully he'll be the same that reviews your defence and will make an order for them to produce it or burger orf......

Did you enjoy it?

Phew.

Sharon
xx

[Guest]

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

Well done

[Amethyst]

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

Happy Birthday :beagle:

[Raxa]

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

Hello Sharon,
I have got another good news, the CCA request I sent to MKDP, they replied to it yesterday saying that " at this moment we are unable to fulfill your request as we dont have the documents you requested. We will try to contact the original creditor and will c8me back to you."
Now I need to submit my defence by 6th of june. Can you help me with the defence letter pleaseee. What shall I write in there.

Looking forward for your reply.
Thanks a ton.

[Raxa]

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

Hello Amethysts,
Need your help again, I filed my defence after my last post. And now I have received a court letter which says;
1- this is now a defended claim. The defendant has filed a defence.
2- It appears tgat this case is suitable for fast track. If you believe that this is not the appropriate track you must complete box D2 on the directions questionnaire and explain why.
3- you must by 7 july 2014
a) complete the direction questionnaire, file it with the court and serve copies to all parties.
B) attemp to agree directions with all other parties
C) file proposed directions ( whether or not agreed) with direction questionnaire.



Now can you help me with the directions questionnaire and also shall I agree to the fast track?

I Will be very grateful gor your every help.

[Raxa]

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

So sorry I forgot to mention that MKDP has sent me the copy of direction questionnaire and draft directions. Shall I send you all of the or just copy paste the directions questionnaire?

[Amethyst]

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

Hi Raxa, I'm so sorry to have missed your previous post - yes email me what you have got ( admin@legalbeagles.info )and the defence you entered please. Also - what paperwork have you actually had from MKDP - any credit agreement etc?

I'm just working on a defence but will come back in a little bit.

[Amethyst]

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

All emails received Ta xx

[Raxa]

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

Hi Amethyst,
Can you help me with the draft directions, please?

[Amethyst]

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

I'll upload the docs and have a look at it now xx

[Amethyst]

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

N181 looks pretty normal so won't upload those bits.

Draft Directions from MKDP also just standard - so I'd be happy to agree those and send copies of the same.

[Amethyst]

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

Defence that was entered


NOTE FROM ADMIN (not to OP but to visitors to the thread in the future: DO NOT USE RANDOM DEFENCES YOU FIND ON THE INTERNET EVERY CASE IS UNIQUE AND THIS MAY NOT BE RELEVANT TO YOUR OWN CASE.

defence
>
> 1. The defendant has no knowledge of entering into any contract/agreement with the claimant and is embarrassed by the lack of detail supplied within the claim. Having no knowledge of the contract of loan to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressley denied within this defence.
>
> 2. The defendant denies ever borrowing loan from the claimant.
>
> 3. The defendant denies ever receiving any money from the claimant.
>
> 4. The defendant puts the claimant to strict proof of the following:-
>
> (i) that the defendant borrowed loan from the claimant.
> (ii) the dates of any such alleged contract was signed.
> (iii) proof of a signed contract between the defendant and the claimant.
>
> 5. Prima facie the claimant knows or ought to know that there is no contract between the defendant and the claimant for the unpaid loan as pleaded, therefore the claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the defendant avers the claim ought to be struck out as an abuse as the claimant holds no cause of action and therefore the claimants conduct is unreasonable in bringing a claim without foundation.
>
> 6. The defendant denies that he is liable to the claimant as alleged in the particulars of claim, or at all. The amount detailed in the claimant’s claim, includes penalties charges, which are unlawful at common law, under the unfair contract terms act 1977 and the unfair terms in consumer contracts regulations 1999.
>
> 7. Furthermore, the defendant contends that the claimant’s conduct in issuing this claim is vexatious and amounts to unlawful harassment, pursuant to section 40 of the administration of justice act 1970.
>
> 8. Regarding that which is denied, on the --------------, a request was made under consumer credit agreement, pursuant to s.77-79 of the consumer credit act 1974 (cca1974) 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. The claimant had twelve working days from receipt of the request, in which to furnish a credit agreement, as stipulated in regulations of the consumer credit (prescribed periods for giving information) regulations 1983.
>
> 9.in response to the request, a letter dated 19th may 2014, was received from the claimant. A copy of that letter is enclosed with my defence for the court reference. In this letter mkdp admits that they are still unable to fulfill my request. Accordingly, having failed to produce a credit agreement within the requisite timescale or at all, the claimants are in default of said request under section 78(6)(a) of the consumer credit act 1974.
>
> 10.the defendant denies that there has been any alleged contract with the claimant. The claimant has failed to produced a copy of a credit agreement in the requisite timescale or at all, and in the absence of such an agreement, which conforms to sections 60 and 61 of the consumer credit act 1974, the defendant avers that no agreement has ever existed for there to have been any failure to make said payment.
>
> 11.the claimant, possessing no legal right claim monies allegedly owed, have acted unlawfully in issuing a default notice and registering said notice with credit reference agencies. Such conduct is a breach of the data protection act 1998 and amounts to defamation. Furthermore, the defendant avers, that the default notice is wholly unenforceable, given that the amount claimed regarding that which is denied, contains penalty charges, which are unlawful at common law, under the unfair contract terms act 1977 and the unfair terms in consumer contracts regulations 1999.
>
> 12.the claimants have not established any legal right to issue a claim or proven that any debt exists. It is the defendant’s position that the claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons.
>
> 13. Therefore the defendant seeks the claimants claim to be dismissed with an order as to costs thrown away in favour of the defendant.

[Amethyst]

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

Little concerned about these parts

> 2. The defendant denies ever borrowing loan from the claimant.
>
> 3. The defendant denies ever receiving any money from the claimant.

I suppose they are true in that the claimant is MKDP and you did not borrow money from them as it would have been from the original creditor.

[Amethyst]

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

I've found where that defence has come from I think.

It's okay as it is MKDP and they more than likely won't have the paperwork but we may need to amend at some point later.... not a major issue.

You can complete the N181 pretty much as they have putting your local court down and use the same directions.