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

[Amethyst]

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

Then you list exactly what they have sent and your arguments why it is not valid and list what they have not sent.

(After that is submitted would be the time to negotiate if you didn't feel strong enough to argue this in court )

[Dizzy]

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

Thanks Amethyst.

[Dizzy]

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

Hi Amethyst

as expected no response received from MKDP re the illegible agreement - if I draft something for the court, would you mind looking at it please?

[Dizzy]

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

Hi Amethyst

as expected no response received from MKDP re the illegible agreement - if I draft something for the court, would you mind looking at it please?

Is anyone able to help me with this please re Amethysts thread 91 above? If I make a list of what MKDP sent to me, do I have to draft it in the same format as a witness statement?

Thanks

[Dizzy]

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

Is anyone able to help me with this please re Amethysts thread 91 above? If I make a list of what MKDP sent to me, do I have to draft it in the same format as a witness statement?

Thanks

I have since drafted a statement re the above - please can someone have a look and make sure it is OK to send off to the court - needs to be in for Monday and I can hand deliver it tomorrow!!!

Thank you

[Dizzy]

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

Sorry it was an invalid file so have uploaded again!!

[EXC]

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

A few of things:

Para 5 makes reference to the agreement provided as noted in 'statement 4 above' but statement 4 implies that you didn't receive an agreement at all, so statement 4 needs re-drafting in my view. Also I would refer to it as 'paragraph 4' and not 'statement 4'.

Para 6 I would change ''...and therefore Exhibit 2 is not considered compliant with section 87(1) of the Consumer Credit Act 1974 and is neither consistent with the witness statement. '' to ''...and as such I do not consider Exhibit 2 to be compliant with section 87(1) of the Consumer Credit Act 1974 or consistent with the witness statement''.

Para 7 I would make a similar change as above.

Every mention of ''the claimants...'' throughout the statement needs an apostrophe ie ''the claimant's...''.

Other than that it looks fine to me.

[Dizzy]

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

Thank you EXC that's much appreciated - I'm off to deliver the goods and see what happens!! Is it worth going ahead and attending court or would you suggest I discuss a repayment plan with MKDP including a discount? I just fear of having a judgement placed against me!

[EXC]

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

Hold on, I'll ask Amethyst.

[Amethyst]

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

Hiya. Just having a look xx

[Amethyst]

Needs a little bit of work, but excellent so far xx Are you intending to get this sent off tomorrow ? ( ie can I do some work on it this evening to try tighten a few bits up?)

Also - Exhibit 23 to 27 Defence and Counterclaim

What's the counterclaim ???

''. Not later than 1stDecember 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.''

Okay so you need to get this in by 4pm tmw. Are you taking it in or emailing ?

[Amethyst]

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

Just for ease for me.


Original Defence - http://www.legalbeagles.info/forums/...636#post430636

Previous WS - http://www.legalbeagles.info/forums/...171#post480171

Court Order Latest - http://www.legalbeagles.info/forums/...082#post487082

M&S illegible agreement - http://www.legalbeagles.info/forums/...5&d=1415225623


Personal reserve loan account with cheque book only

[Amethyst]

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

Still needs some work have made a start though.
_________________________________

STATEMENT OF XXXXXX
_________________________________

I XXXXXXXXX being the Defendant in this case will state as follows:

1. I make this Statement in support of my defence in this case

2. This Claim was issued in April 2014. Despite having requested information from the Claimant since receipt of the Claim it is only now, following an order of the Court, that the Claimant has provided any documents relating to the claim.

3. On / around 30 October 2014 I received a letter from MKDP LLP enclosing a copy of their witness statement together with various documents listed below;

• Exhibit 1 & 2 Notice of allocation to the Small Claims Track (Hearing)
• Exhibit 3 & 4 Consumer Credit Agreement
• Exhibits 5 to 18 Transactions list
• Exhibit 19 A default notice letter
• Exhibit 20 Letter from Marks & Spencer Financial Services plc stating that the debt has been sold to MKDP LLP
• Exhibit 21 & 22 Notice of intended Legal Action letter from Keynes Collections
• Exhibit 23 to 27 Defence and Counterclaim

4. I am unable to read the copy of the Credit Agreement ( Claimant's Exhibit 3 & 4 ) I do not believe the Credit Agreement to be complete in that all the terms and conditions do not seem to be present, and it appears to be missing terms prescribed under schedule 6 of the Consumer Credit Act (Agreements) Regulations 1983. I cannot see a term relating to any interest rate applicable and am unable to read any terms relating to default, charges, payment terms, credit limit or cancellation.

5. On 7 November 2014 I wrote to the Claimants Legal Department in writing (Exhibit A) requesting a legible copy of the Agreement. To date I have still not received a response and consider that the Claimant has not fulfilled their obligations under the Consumer Credit Act 1974 and the agreement is not valid under The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 or Consumer Credit Act (Agreements) Regulations 1983. Therefore my position remains that the agreement is unenforceable by virtue of s.78(6) Consumer Credit Act 1974.

6. The Claim appears to be for a debt from a 'Personal Reserve Account'. Referring to Paragraph 5 of the Claimant's Witness Statement which states “The Defendant received a credit card” I have no recollection of receiving such a card and I put the Claimants to strict proof thereof. The 'Personal Reserve Account' was a loan account whereby a cheque book was issued to drawdown funds and statements were issued monthly showing sums advanced together with repayments made and interest accruing.

7. In addition in reviewing the Statements (Claimants Exhibits 5 to 18 ) there do not appear to be any 'credit card' transactions.

8. The Claimant's Exhibit 19 is a template of a Default Notice and not a signed true certified copy of the original default notice that the claimants witness statement mentions “was provided to the Defendant to this effect on 19 February 2013" and therefore the alleged Default Notice and as such I do not consider the Claimant's Exhibit 19 to be compliant with section 87(1) of the Consumer Credit Act 1974 or consistent with the witness statement

9. Referring to Paragraph 8 of the Claimant's Witness Statement which states “A total of 13 letters were sent to the Defendant which she failed to respond to.” There is no evidence provided by the claimant to substantiate this statement and I dispute this claim.


STATEMENT OF TRUTH

I, XXXXXXX, the Defendant, believe the facts to be contained in this Statement to be true.



Signed:


Dated:

[Dizzy]

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

Needs a little bit of work, but excellent so far xx Are you intending to get this sent off tomorrow ? ( ie can I do some work on it this evening to try tighten a few bits up?)

Also - Exhibit 23 to 27 Defence and Counterclaim

What's the counterclaim ???

''. Not later than 1stDecember 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.''

Okay so you need to get this in by 4pm tmw. Are you taking it in or emailing ?

Thank you very much Amethyst xx, sorry I didn't realise you had responded and was looking on the previous page... doh!!!:tinysmile_aha_t: I tried to hand deliver what I had done but I cannot find access to the post box - probably just as well now that I have seen your response, do you think I will be Ok to email it?

The defence and counterclaim is my defence which I believe is in one of my threads on here.

Thank you and sorry to be a nuisance and interrupt your weekend xx

[Amethyst]

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

No it's fine, not a nuisance at all I was just away for a few days xxx

Emailing should be fine tmw.

I still can't work out the counterclaim - what have MKDP included in their exhibits - just the defence/counterclaim form N9b with your defence written on it ?

ie this one



Just checking you didn't accidentally make a counterclaim