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

It is definitely for the Personal Reserve account and it is this account which MKDP are claiming on. However for a lesser amount than that which is showing on the statement so I would imagine they purchased it at a discount.

[Amethyst]

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

''Personal Reserve account which was an account with a fixed ceiling and a cheque book''

So does that come under loan or credit card ? I'm thinking loan which you can just repay bits and drawdown again etc.

[Amethyst]

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

Well to be honest the Particulars of Claim give no indication, just that it is a regulated agreement of some type.

'' "The claimant claims the sum of £1,332.90 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Marks and Spencer Financial Services Plc. The defendants account no. was XXXXXX and was assigned to the claimant on 29/01/2013, 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 £1,332.90 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction."''

[Dizzy]

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

''Personal Reserve account which was an account with a fixed ceiling and a cheque book''

So does that come under loan or credit card ? I'm thinking loan which you can just repay bits and drawdown again etc.

I have found some updated terms and conditions, yes it had a cheque book and an agreed credit limit of £2,100.

I think like you say it is a loan, definitely not a credit card. I did also take out the store card which converted to a credit card but it is the Personal reserve they have put the claim in for.

[Amethyst]

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

Okay - what do you want to do now you have sussed which account it is for ?

They still haven't replied to your CPR 31.14 request or your CCA request as far as I am aware ? and it's only through your record keeping and research that you have worked out what the claim is for ?

[Dizzy]

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

Well I'm not really sure what to do, I haven't yet filed my defence and it is due in today, they haven't replied at all to my CPR31.14 nor the CCA request - they said on the phone it takes 6-8 weeks and they won't give me an extension to file my defence and they said to mention in my defence that they have applied for the documents! I don't know what the best course of action is.

[Amethyst]

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

Okay, You're just having a bit of a panic, I've added an extra little bit about 31.14 but this is really all you can do other than putting in an application for compliance with N244. If they come back with the documents then you have asked in the defence to be allowed to amend. If they want to take 6-8 weeks and NOT agree with an extension that is their problem. Once this has gone in the claimants have around 28 days to respond whether they wish to continue, at which point you'll receive a directions questionnaire, this helps the court allocated your case to the right court, and then your judge will either order a hearing to find out why there's no documents, or just make an order to supply documents.







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 various 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 under CPR 31.14 and also a 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 Claimants has failed to provide further information under CPR 31.14 in this matter.

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

20.4. 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

Well to be honest the Particulars of Claim give no indication, just that it is a regulated agreement of some type.

'' "The claimant claims the sum of £1,332.90 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Marks and Spencer Financial Services Plc. The defendants account no. was XXXXXX and was assigned to the claimant on 29/01/2013, 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 £1,332.90 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction."''

Sorry Amethyst, I have only just seen this. Yes you're right they aren't being very specific, sounds like they are clutching at straws!

[Amethyst]

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

I've posted again xx

[Dizzy]

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

Thank you Amethyst, I really am grateful for your help. Yes I am in a flap, I admit I should have dealt with this before but I have a young family and a full time job, plus, plus, plus!
I have to keep noting things down to remind me to deal with them

[Amethyst]

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

Sooooooooooooooooooo how we doing on this one? xx

[Dizzy]

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

Morning Amethyst - I haven't heard even a wink out of MKDP .......yet!!!

[FlamingParrot]

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

Once you submit your defence, the court will send a copy to the claimant, who has 28 days to respond and say whether they wish to continue with the claim. If they do not respond, the claim is stayed. They still have another couple of weeks or so to respond.

[pault52]

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

good luck with this

[Dizzy]

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

Thanks FlamingParrot and pault52, still not heard a word from MKDP or the court :tinysmile_twink_t2: