Help!! Received a court claim form from MKDP re M & S Financial Services

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Nope, nothings guaranteed.

They, legally, under the CCA, can not enforce the debt without complying with your CCA request. And that they haven't sent you the credit agreement despite your CCA request will go in your defence as well as the CPR request.

Do you want to do a list of what they HAVE sent you pls (before and after the claim) and we can suss out our options.

As yet I haven't had anything from them since sending the CCA and CPR31.14 request, prior to the claim I very vaguely remember receiving a letter before action but I will need to dig this out. I received a letter from Raven Recoveries which I have discovered come under the Compello group of companies - all very confusing!! The letter they sent states "Despite previous communication etc ............ account referred to Keynes Collections for litigation consideration ....... have 7 days to contact us etc" I haven't had any other letter from them. Then I received the court claim dated 2 April. However my filing system is a bit to be desired so I will look later to ensure I haven't received anything in between.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

BTW the letter from Raven was dated 31 January 2014!

[pt2537]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

The refusal to agree an extension is blatantley unreasonable in my view, they should allow an extension.

As for striking out, if its done correctly, there are good prospects of success at least with an unless order.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thanks pt2537 I take it though it will still be accepted because with it being a bank holiday they won't receive it until Tuesday. I won't be able to look at how to proceed with this until this evening too.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

The refusal to agree an extension is blatantley unreasonable in my view, they should allow an extension.

As for striking out, if its done correctly, there are good prospects of success at least with an unless order.

pt2537 when you say "if its done correctly etc" please can you elaborate? Thank you so much for your input too.

[pt2537]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

pt2537 when you say "if its done correctly etc" please can you elaborate? Thank you so much for your input too.

Yes, if done correctly as in if you do it following the relevent law, case authorities etc, if the application is drafted correctly etc.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Yes, if done correctly as in if you do it following the relevent law, case authorities etc, if the application is drafted correctly etc.

Sorry pt2537 I am probably being thick, please can you advise further on how to follow the correct procedure etc. thanks once again.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Amethyst, sorry to bug you again!! I am going to draft a defence and would be extremely grateful if you could check it for me. It won't be until this weekend at some point. At present I just feel loathed to pay for a debt collector who has allegedly taken over the debt but cannot produce the goods!!

Thank you once again for all your help.

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

I'll give you a hand tomorrow and get a basic draft together xx

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Thank you Amethyst, so kind of you :tinysmile_kiss_t4: xx

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

DRAFT - WE NEED TO GO THROUGH ANY DISPUTES YOU HAVE IN THE CASE - ie. ISSUES WITH THE LOAN / LATE PAYMENT FEES / basically anything else you remember about dealings with M&S - we're surmising it was a loan? did you have other M&S products like a store card etc ? also you need to have a read of s77 or 86, and 87 Consumer Credit Act 1974 so you understand yourself what you are saying in your defence.


IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: xxxxxxxxxxxxx

BETWEEN:

MKDP xxxxxxxxxxxxxx
CLAIMANT
And

Dizzy xxxxxxxxxxxxxxxxxxxxx
DEFENDANT


__________________________________________________ _____
Defence
__________________________________________________ _____

Preliminary Matters

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. It is admitted that the Defendant has, in the past, entered into agreements with Marks and Spencer Financial Services Plc. The Defendant belives this claim may relate to a loan agreement but without further details is unable to be certain.

5. The particulars of claim fail to state when the agreement was entered into.

6. The sparse particulars of claim state that the account was assigned from Marks and Spencer Financial Services Plc to MKDP LLP on 29/01/2013. The Defendant does not recall receiving notice of this assignment.

7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

8. In respect of matters, which the Defendant is able to plead to, on the 15/04/2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s77 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

9. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

10. Accordingly the Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s77 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

15. In the premise that the disclosures and pleadings are inadequate, the Defendant is faced with difficulty in pleading further

16. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Default Notice

17. It is denied that the original creditor, Marks and Spencer Financial Services Plc, 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.

18. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears in a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion
20. Accordingly, the Defendant avers that

20.1. The Claimant has failed to plead properly in this matter

20.2. The Claimant has not complied with s77 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

20.3. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs to be summarily assessed on an indemnity basis.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………
Dated


IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No:
BETWEEN:

CLAIMANT
and
DEFENDANT

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Amethyst

Many thanks for drafting the above defence it's much appreciated.

I have dug out what paperwork I can find for the M & S Personal Reserve account and it appears that the last payment I made was late December 2007. I have found a statement from May 2008 and I was in arrears by a few months according to that and I also notice on my credit record a default was marked on it December 2008. Does this mean it is statute barred? If this is the case, with my defence being due today what do you suggest I do?

Many thanks once again.

[Dizzy]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Hi Amethyst

Many thanks for drafting the above defence it's much appreciated.

I have dug out what paperwork I can find for the M & S Personal Reserve account and it appears that the last payment I made was late December 2007. I have found a statement from May 2008 and I was in arrears by a few months according to that and I also notice on my credit record a default was marked on it December 2008. Does this mean it is statute barred? If this is the case, with my defence being due today what do you suggest I do?

Many thanks once again.

Sorry to bother you Amethyst but I am beginning to panic and just wondered if you would be able to help please?

Many thanks

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

Personal Reserve ...... Here's someone elses terms etc from it, was trying to work out if it was a loan or running credit ?

[Amethyst]

Re: Help!! Received a court claim form from MKDP re M & S Financial Services

As your defence is that you aren't sure of the actual debt they are claiming then I think hold the stat barred issue until they have supplied the documents and you can see exactly what the account is.