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

I've just read back and found that this was a storecard turned into a credit card, so I'd say you should have the good prospects of a successful defence part well covered. :grin: :grin:

Unfortunately it was a personal reserve account so I'm not sure how I stand. I phoned the court this morning and they said it takes seven days for them to respond or have records on file of the hearing so I guess I have to wait until I hear further :tinysmile_cry_t:

[Dizzy]

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

Hi Amethyst

I received all of the documents from MKDP together with their witness statementthe day after the hearing, which at the time I thought was odd. Today Ireceived a general form of judgement or order stating the following:

“The judge heard a representative for theclaimant and read a letter and statement of evidence from the defendant (noticeof hearing having been given to the defendant who failed to attend or berepresented) and made the following order:

Uponthe Defendant having filed and served evidence in the form of her signedwritten statement and upon the court noting that the Defendant has requesteddisclosure of documents relevant to the case including the credit agreementfrom which the alleged debt is said to have arisen, a copy of the notice ofassignment, the default notice and any formal demand.

And upon the Claimant having filed andserved no evidence to date notwithstanding the court’s order of 5^thSeptember 2014 and not having given disclosure of the documents requested,

IT IS ORDERED THAT:

1. This hearing isadjourned to 14^th January 2015 at 10:00am with a time estimate ofone hour 30 minutes.

2. Not later than 17^thNovember 2014 the Claimant shall send to the Defendant and to the Court asigned statement of evidence in response to that filed by the Defendant. Anydocuments that the Claimant wishes to rely upon in support must be exhibited tothe statement.

3. Not later than 1^stDecember 2014 the Defendant shall send to the Claimant and to the Court anysigned statement of her own by way of response to the Claimant’s statement andwhich she wishes the court to consider. Any documents that the Defendant wishesto rely upon must be exhibited to her statement.


4. No further statementsof evidence may be relied upon without the court’s permission.


5. If the parties wishto pursue mediation and this cannot be completed before the date fixed forhearing of this case they must write to the court to request an adjournment ofthe hearing but must provide evidence that each party consents to mediation andto the adjournment."

[Dizzy]

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

Hi Amethyst

I received all of the documents from MKDP together with their witness statementthe day after the hearing, which at the time I thought was odd. Today Ireceived a general form of judgement or order stating the following:

“The judge heard a representative for theclaimant and read a letter and statement of evidence from the defendant (noticeof hearing having been given to the defendant who failed to attend or berepresented) and made the following order:

Uponthe Defendant having filed and served evidence in the form of her signedwritten statement and upon the court noting that the Defendant has requesteddisclosure of documents relevant to the case including the credit agreementfrom which the alleged debt is said to have arisen, a copy of the notice ofassignment, the default notice and any formal demand.

And upon the Claimant having filed andserved no evidence to date notwithstanding the court’s order of 5^thSeptember 2014 and not having given disclosure of the documents requested,

IT IS ORDERED THAT:

1. This hearing isadjourned to 14^th January 2015 at 10:00am with a time estimate ofone hour 30 minutes.

2. Not later than 17^thNovember 2014 the Claimant shall send to the Defendant and to the Court asigned statement of evidence in response to that filed by the Defendant. Anydocuments that the Claimant wishes to rely upon in support must be exhibited tothe statement.

3. Not later than 1^stDecember 2014 the Defendant shall send to the Claimant and to the Court anysigned statement of her own by way of response to the Claimant’s statement andwhich she wishes the court to consider. Any documents that the Defendant wishesto rely upon must be exhibited to her statement.


4. No further statementsof evidence may be relied upon without the court’s permission.


5. If the parties wishto pursue mediation and this cannot be completed before the date fixed forhearing of this case they must write to the court to request an adjournment ofthe hearing but must provide evidence that each party consents to mediation andto the adjournment."

[Dizzy]

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

Having looked through the exhibits they filed with the witness statement, they have provided a template default notice and a template "Notice of intended legal action" from Keynes Collections (part of the Compello group Operations) so surely that in itself does not show proof that they have followed correct procedures if they haven't provided originals sent to me?

[Amethyst]

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

Hi Dizzy

Well that's better than you thought isn't it

2. Not later than 17^th November 2014 the Claimant shall send to the Defendant and to the Court a signed statement of evidence in response to that filed by the Defendant. Any documents that the Claimant wishes to rely upon in support must be exhibited to the statement.

So that is good.

So, can you list the documents they have sent you or was it JUST the templated default notice and LBA ?

[Dizzy]

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

Hi Amethyst

Yes I am pleased that the judge has at least given me a chance and taken my requests in to consideration. Thanks to all your help xx

They also sent a copy of the original signed agreement and insist on calling it a credit card when it is actually a form of loan account and they sent some statements

[Amethyst]

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

Best post up or email me the copies of the agreement as that is the important(ist) bit.

[Dizzy]

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

Should I PM it to you or post it on here?

[Amethyst]

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

Here is best if you make sure you redact your personal details off it

[Dizzy]

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

Attached is the agreement, it is the same as the example posted in your thread 29 :tinysmile_twink_t2:

[legaleaglet]

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

Attached is the agreement, it is the same as the example posted in your thread 29 :tinysmile_twink_t2:

That looks totally illegible to me, surely that makes it non-compliant?

[Dizzy]

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

I have to say Legaleaglet, it isn't a very good copy but I can see my signature and all other details I filled in and I'm not sure if that would override the ineligibleness (if that's a word!!)

[Dizzy]

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

Hi Amethyst

I have posted up the agreement - thread 85 - thanks

[Amethyst]

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

Looks like if it were a better copy it would be legible and enforceable. So I would write and ask for a legible reconstruct of the agreement so you can assess your position and to meet their requirements under the CCA.

[Dizzy]

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

Thanks Amethyst, what happens if they don't send anything before my deadline of 1st December?