Mayflower21 v MKDP LLP

[Amethyst]

Re: Mayflower21 v MKDP LLP

You previously had an order for them to supply the documents, they applied to set that aside and that's what the hearing was for, and as you didn't attend (understandable I've been there too) they won the set aside of the original order.

Well we need to write a defence.

Have you had any documents from the claimants at all ? the CCA for instance ?

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Amethyst.

No they still haven't sent me anything. I called and emailed them numerous times after I sent the CCA and CPR requests in March and they just said that they hadn't expected me to respond so they didn't have the documentation and it could take up to 6 weeks. Do you think that this latest action to set aside my order means that they have now got the documentation together?

[Kafka]

Re: Mayflower21 v MKDP LLP

I suspect that if they had obtained the documents and they were valid then you would have received them long ago. For an account opened in 2000 the norm is for the agreement not to survive and for the DCA to be unable to get what they require, but there are exceptions.

Just confirm where you sent the CPR request. Did this go to MKDP and not to their solicitors? Who are the acting solicitors?

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Kafka

It went to MKDP direct on the 18th March. They confirmed that they received it during subsequent telephone calls. I will have to check the claim form when I get home but I'm pretty sure it just lists MKDP.

[Amethyst]

Re: Mayflower21 v MKDP LLP

It will just be MKDP.

All good so will be the standard type defence, I'll give you the link to an outline and we can work on it from there.

http://www.legalbeagles.info/forums/...t-Court-Claims

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Thanks Amethyst.

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Amethyst,

Can you please clarify a few bits for me?

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]
Straight forward

2: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
Should I opt for is for or appears to be?

3: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
Should I admit or deny?

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
leave as is

[5. The particulars of claim fail to state when the agreement was entered into.]
Does this bit apply?

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
Does this bit apply?

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
Does this bit apply?

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
Straight forward

9. [Claimant's Solicitor] has not sent any of these documents to me.
straight forward

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
straight forward - s78

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
straight forward - s78

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]
I did request by telephone and email ages on 27th March so should I include this bit or not?

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
Leave as is

14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
Leave as is

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
Leave as is


Thanks :-)

[Amethyst]

Re: Mayflower21 v MKDP LLP

Hi Amethyst,

Can you please clarify a few bits for me?

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]
Straight forward

2: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
Should I opt for is for or appears to be? does the Particulars of Claim specify the kind of account ?

3: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
Should I admit or deny?

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
leave as is

[5. The particulars of claim fail to state when the agreement was entered into.]
Does this bit apply? do the particulars of claim state when the agreement started

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
Does this bit apply? does the particulars of claim say anything about assignment ? do you recall getting a notice of assignment ?

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
Does this bit apply? Does the claimant state they have sent a default notice etc?

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .
Straight forward

9. [Claimant's Solicitor] has not sent any of these documents to me.
straight forward

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
straight forward - s78 yes - 78(1)

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
straight forward - yes- 78(1 ) then 78(6)

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]
I did request by telephone and email ages on 27th March so should I include this bit or not? leave it out as it is irrelevant at this stage

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
Leave as is

14. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
Leave as is

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
Leave as is


Thanks :-)

xxxxx

[Amethyst]

Re: Mayflower21 v MKDP LLP

Thanks Amethyst.

No they still haven't sent me anything. I called and emailed them numerous times after I sent the CCA and CPR requests in March and they just said that they hadn't expected me to respond so they didn't have the documentation and it could take up to 6 weeks. Do you think that this latest action to set aside my order means that they have now got the documentation together?

you could work that bit in somewhere too.

[Kafka]

Re: Mayflower21 v MKDP LLP

It is a requirement that they have the correct documentation in place in order to sue for the debt. An admission that they don't have it as they didn't expect you to respond is an abuse of process that should be mentioned, because it indicates to the court how they have acted.

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Guys,

Particulars of claim from the claim form as below:

The Claimant claims the sum of ££££ being monies due from the Defendant to the Claimant under a regulated agreement originally between the defendant and HSBC Bank Plc. The Defendant's account number was (1234...) and was assigned to the Claimant on 08/12/2011, 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 £££ and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction

2: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
Should I opt for is for or appears to be? does the Particulars of Claim specify the kind of account ? Particulars of claim as above so no


3: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
Should I admit or deny? Should I leave this out completely?

[5. The particulars of claim fail to state when the agreement was entered into.]
Does this bit apply? do the particulars of claim state when the agreement started - POF as above -If you mean the original credit agreement then no

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
Does this bit apply? does the particulars of claim say anything about assignment ? do you recall getting a notice of assignment ? To be honest I could have received it but assumed it was another threatening tactic - can't be sure :-( - so I should leave it out?

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
Does this bit apply? Does the claimant state they have sent a default notice etc same as above - I have been receiving threatening letters from various debt collection companies over the past few years so am almost numb to them - had to be to cope *hangs head in shame* :-( so they could have sent one - so I should leave it out?

In reference to the bit about not having the paperwork would something like below be ok?

Whilst following up the CPR request the defendant was told by the claimant that it is standard practice for the claimant to pursue claims without having the credit agreement from the original creditor on the assumption that the claim would not be challenged. This contravenes the pre-action conduct practice direction. (should I add into number 8?)

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Hi Guys,

when you get a chance can you advise me on the above?

I have to file my defense by the 7th October so wanted to get it sent by tomorrow the latest.

Thanks :-) x

[Amethyst]

Re: Mayflower21 v MKDP LLP

Hi Guys,

Particulars of claim from the claim form as below:

The Claimant claims the sum of ££££ being monies due from the Defendant to the Claimant under a regulated agreement originally between the defendant and HSBC Bank Plc. The Defendant's account number was (1234...) and was assigned to the Claimant on 08/12/2011, 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 £££ and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction

2: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
Should I opt for is for or appears to be? does the Particulars of Claim specify the kind of account ? Particulars of claim as above so no -
use appears to be then

3: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
Should I admit or deny? Should I leave this out completely? leave it out

[5. The particulars of claim fail to state when the agreement was entered into.]
Does this bit apply? do the particulars of claim state when the agreement started - POF as above -If you mean the original credit agreement then no
keep this bit in then

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
Does this bit apply? does the particulars of claim say anything about assignment ? do you recall getting a notice of assignment ? To be honest I could have received it but assumed it was another threatening tactic - can't be sure :-( - so I should leave it out?
leave this in

7. It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
Does this bit apply? Does the claimant state they have sent a default notice etc same as above - I have been receiving threatening letters from various debt collection companies over the past few years so am almost numb to them - had to be to cope *hangs head in shame* :-( so they could have sent one - so I should leave it out?
leave this in


In reference to the bit about not having the paperwork would something like below be ok?

Whilst following up the CPR request the defendant was told by the claimant that it is standard practice for the claimant to pursue claims without having the credit agreement from the original creditor on the assumption that the claim would not be challenged. This contravenes the pre-action conduct protocols. (should I add into number 8?) sounds good and yes, change PD to protocols, and add it to para 8

purple replies

[Mayflower21]

Re: Mayflower21 v MKDP LLP

Ok have typed it all up as per your advice and will post tomorrow morning with the defence form (the case has been transferred to Croydon so is it ok to use the defence form i received from Northampton but send it to Croydon?

Thanks for all of the handholding! :-)

[Amethyst]

Re: Mayflower21 v MKDP LLP

Not a problem Yes as your case is at Croydon send it there so long as you have the claim ref on it should be fine. You should really send three copies as you're posting it (thats one for you, one for court and one for the claimant)