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

Is it past 28 days? Might be worth giving the court a buzz to see if they have heard from claimants etc (as you're concerned you havent received allocation questionnaire ) just to see what they say - might give you an idea on dates you should hear back by.

[Dizzy]

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

Thanks Amethyst I'll give them a call tomorrow as I believe that have finished for the day now.

[Dizzy]

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

I phoned Northampton (CCBC) just now and they have a back log of work they are getting through, to date they haven't heard from MKDP and said if they haven't responded by 9th June then the case is stayed and they would need to reapply to lift the stay, so fingers crossed it doesn't appear amongst the backlog!!!

[pault52]

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

good luck

[Dizzy]

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

Hi Amethyst

I knew this one would hit me in the face again!! I have received "Notice of allocation to the Small Claims Track (Hearing) which is due to take place 29 October 2014. It is ordered that:

1. Parties are to serve and file documents by 15 October 2014, the original documents to be brought to the hearing.

2. Witness statements shall be included in the documents served and filed. This includes the evidence of the parties themselves and any other person whose evidence is to be relied upon, whether or not it is intended to call them at the hearing.

3. For the avoidance of doubt, neither partu has permission to rely upon expert evidence at the hearing of this case.

4. Further copies of documents which have been filed and served are not required.


I was offered Mediation service and at the time when the appointment came through I was due to go on holiday and they were going to get hold of MKDP to arrange another date but I heard nothing from back from the Mediation service.

I have had no documents whatsoever from MKDP - no credit agreement, nothing. I also believe this is now statute barred.

Please can you help me draft a witness statement so that I can send it off before 15th? Your help would be much appreciated :-)

[Amethyst]

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

They took their time, they will have to have applied to the court to continue. Maybe give the court a call and ask them if they have had anything from the claimants or if it has simply been held up due to backlogs, tell them you've had nothing from the claimant since June (or whenever it was) and if they have had something could they send you a copy.

It won't be statute barred now if it wasn't at the time they submitted the court claim because the act of doing that stops the clock sadly.

SO yes we should get a Witness Statement together, it will be very similar to the defence you entered as you have still had no documents, so basically a chronological list of letters/phonecalls made /sent and received

Is this the defence you entered in the end ? http://www.legalbeagles.info/forums/...636#post430636

I'll help you work through this this evening and tmw xx

[Dizzy]

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

Hi Amethyst

Many thanks for your prompt response, I have phoned the court and it appears it was because of the backlog, all they have received is the court fee.

With regards to the statute barred issue from thread 27 of my post:

"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?"

Would that then mean that because I received a statement from M & S in May 2008 and the court papers were received 5 April 2014 they have only just managed to avoid the statute barred?

Yes that was the defence I entered thank you.

Ahh thank you Amethyst, that's very kind xx

[Dizzy]

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

Hi Amethyst

I'm not sure if you have seen my previous thread, I have now attached my witness statement (below), please could you have a look and see what you think?

Many thanks once again xx




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

1. I make this Witness Statement in support of my defence in this case.
2. February 2014 I received a letter from Raven Recoveries dated 31 January 2014 being a letter before action (Exhibit A).
3. I received a County court claim form dated 5 April 2014. (Exhibit B)
4. On 15 April 2014 I sent a CPR 31.14 request to the claimant requesting the agreement, default notice, assignment and the formal demand (Exhibit C). On the same date I also sent a CCA request to the claimant under section 77-79 of the Consumer Credit Act 1974 requesting a copy of the Consumer Credit Agreement (Exhibit D) with payment for £1. It was sent via recorded delivery and the receipt retained (Exhibit E).
5. On 2 May 2014 I contacted the claimant as I had not received a response to my formal requests and asked for an extension to file my defence, to which I was told that I couldn’t have an extension and I was instructed to add to my defence that MKDP LLP have requested the documents and it will take 6-8 weeks to receive them.
6. On 5 May 2014 I filed my defence (Exhibit F)
7. On 11 June I contacted Northampton (CCBC) as I was concerned that I had heard nothing from the claimants and I hadn’t yet received the allocation questionnaire. I was informed that there was a backlog.
8. On 2 July 2014 I received form N149A - Notice of proposed allocation to the Small Claims Track dated 20 June 2014 and N180 Directions Questionnaire and offer of mediation. I sent a letter to Northampton (CCBC) 6 July 2014 explaining that I hadn’t received the above forms until 2 July 2014 and that I also had an operation 3 July 2014 and apologising that they may not receive the forms by the due date of 7 July 2014 (Exhibit G)
9. I received a letter from the claimant dated 30 June 2014 enclosing a copy of their Directions Questionnaire stating that the court will be in contact in due course.
10. In July 2014 I received a telephone call from the Mediations Service offering an appointment for mediation, however it was the same date as my holiday and the mediation services tried to arrange it for another date but they could not get hold of the Claimant at the time and I never had a further call back from them.
11. On 8 September I received a Notice of Allocation to the Small Claims Track (Hearing) to which I am submitting this witness statement.

STATEMENT OF TRUTH

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



Signed:_________________________


Dated:__________________________

[Amethyst]

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

Hi Dizzy, sorry no I'd missed your post before - I'll go through your WS and your previous post (tho may be a bit late now?) in the morning if that's okay am just switching off (my brain switched off a while back lol) but didn't want to just read and leave xxxxx I'm sending myself a PM to remind me to come back xxxxxx
Night, xxxxx Sharon xxxxxx

[Dizzy]

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

Hi Amethyst

No worries, I am switching off too (brain and all )

I shall be posting the witness statement tomorrow so that it arrives in time (I hope) - sorry I am a bit of a last minute person!! :sorry:

Thank you Sharon that is much appreciated - hope you get a good nights sleep :sleep: xx

Night night xxxxxx

[Amethyst]

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

Okay have only made a couple minor amendments, you're only really saying you've had nothing off the claimants.

You do need to send this to the court AND the claimants with copies of the letters (as the order is to file and serve)

-----------------------------------------------------------------------------------------------------------------------------------------

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

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

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

2. On / around 10 April 2014 I received the claim in this case as issued on 5 April 2014 via Northampton County Court Business Centre.

3. The Particulars of claim were vague and did not give me enough information to enable me to properly assess my position with regards the alleged indebtedness to the Claimant.

4. The products I held with Marks and Spenders Ltd were ended in / around 2007/2008. I have checked my records and it appears the last payment made to Marks and Spenders Ltd was in December 2007 for a Personal Reserve Account.

5. On 15 April 2014, In order to find out which product this claim was for, and details how the sum was made up, I sent a request to the claimant's solicitor requesting the agreement, default notice, assignment and the formal demand as allowed under CPR 31.14 (Exhibit A).

6. On the same date I also sent a request to the claimant, as creditor, under section 77-79 of the Consumer Credit Act 1974 for a copy of the Consumer Credit Agreement (Exhibit B) with payment for £1.

7. On 2 May 2014 I contacted the claimant as I had not received any responses to my formal requests and asked them to agree to an extension of 28 days to file my defence, to which I was told that I couldn’t have an extension and I was instructed to add to my defence that MKDP LLP have requested the documents and it will take 6-8 weeks to receive them. Given that MKDP LLP brought the claim against me in April I would have considered they should have the documents in hand at the point they filed the claim. In any case, I have still not received any documents from the Claimants ( 5 months later )

8. On 5 May 2014 I filed my defence (Exhibit C)

9. On 11 June I contacted Northampton (CCBC) as I was concerned that I had heard nothing from the claimants and I hadn’t yet received the allocation questionnaire. I was informed that there was a backlog.

10. On 2 July 2014 I received form N149A - Notice of proposed allocation to the Small Claims Track dated 20 June 2014 and N180 Directions Questionnaire and offer of mediation. I sent a letter to Northampton (CCBC) 6 July 2014 explaining that I hadn’t received the above forms until 2 July 2014 and that I also had an operation 3 July 2014 and apologising that they may not receive the forms by the due date of 7 July 2014 (Exhibit D)

11. I received a letter from the claimant dated 30 June 2014 enclosing a copy of their Directions Questionnaire stating that the court will be in contact in due course.

12. In July 2014 I received a telephone call from the Mediations Service offering an appointment for mediation, however it was the same date as my holiday and the mediation services tried to arrange it for another date but they could not get hold of the Claimant at the time and I never had a further call back from them.

13. On 8 September I received a Notice of Hearing which ordered parties file and serve documents on 15th October 2014.

14. I have still not had any further information from the Claimants regarding this claim and have been unable to find out if they properly own the debt, if any exists, and exactly what the debt is.

STATEMENT OF TRUTH

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



Signed:_________________________


Dated:__________________________

[Dizzy]

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

Hi Amethyst

Many thanks for looking at the witness statement. My last payment to M & S was December 2007, did you also see my thread 52 regarding potentially being statute barred?

Should I phone the court in a few days time too to see if MKDP have filed a witness statement?

Thanks.

[Amethyst]

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

Yes sorry that was a typo, that they took 5 months to default you should be okay as they should have under the terms after 3 months (presumably as we haven't seen them), but it is a bit too tight to be pleading it fully just yet, hence the intimation.

Yes get yours in and call the court on Monday to see if they have filed anything, of course, you should receive a copy direct from MKDP too.

[Dizzy]

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

Hi Amethyst

I called the court this morning and they have not received a witness statement from MKDP and haven't heard anything from them since September, neither have I.

I have a problem in that I won't be able to attend the hearing on 29th. Should I write to the court and tell them this - will this affect anything?

Thanks

Dizzy

[Amethyst]

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

I think you should to the court and ask the judge to strike out the claim and vacate the hearing, based on the failure to supply documents. Put in the letter that you will unfortuanetly be unable to attend on the 29th as you have XYZ and if the Judge would prefer to have a hearing would it be possible to reschedule (or have a telephone hearing? if you could possibly do that )