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

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

I hope you had a good relaxing time xx

Yes it is a copy of the form above with my defence on it, part 4 of it being blank where it states the bit about the counterclaim.

[Dizzy]

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

Presumably I won't need to send copies of MKDP's exhibits with the statement because the court will already have these? The only exhibit I need to send is the loan agreement to emphasise how illegible it is, would you agree?

[Amethyst]

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

Good on the counterclaim bit, that's what I though was just treble checking

I think including the agreement copy is a good idea, not the rest as the court already has them (hence refering to the Claimant's Exhibit number )

On the statements does it state the method of payment ? ie. Cheque rather than Card ?

[Dizzy]

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

Good on the counterclaim bit, that's what I though was just treble checking

I think including the agreement copy is a good idea, not the rest as the court already has them (hence refering to the Claimant's Exhibit number ) Brill thank you

On the statements does it state the method of payment ? ie. Cheque rather than Card ?

The advance of funds states by cheque and another one by bank transfer BACS

[Dizzy]

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

Should I email the statement that you have kindly revised above to the court as it stands?

[Amethyst]

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

The advance of funds states by cheque and another one by bank transfer BACS

7. In addition in reviewing the Statements (Claimants Exhibits 5 to 18 ) there do not appear to be any 'credit card' transactions, only a draw down via a cheque and through the BACS system. So far as I am aware the agreement was for a loan facility as opposed to a running credit agreement, as the agreement is illegible it is impossible for me to review the terms of the agreement and assess any calculations or liability for any alleged debt.

[Amethyst]

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

want to add in a sum up point too so bear with me a tic xx

[Amethyst]

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

STATEMENT OF XXXXXX
_________________________________

I XXXXXXXXX of xxxxxxxxxxx ADDRESS xxxxxxxxxxxxxxxxxx , 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. If the Claimant alleges the copy agreement provided is a true copy of that which I signed then I contend it did not contain the prescribed terms required in respect of amount of credit, interest rates and the method by which repayments were to be made.

6. 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.

7. 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.

8. In addition in reviewing the Statements (Claimants Exhibits 5 to 18 ) there do not appear to be any 'credit card' transactions, only a draw down via a cheque and through the BACS system. So far as I am aware the agreement was for a loan facility as opposed to a running credit agreement, as the agreement is illegible it is impossible for me to review the terms of the agreement and assess any calculations or liability for any alleged debt.

9. 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

10. 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.

11. Having investigated my own historical records it would appear that any claim would be Statute Barred by virtue of the limitations act 1980 section 5 as the last payment to this account was in December 2007.

12. This Claim has been ongoing since April 2014 and the Claimant has had plenty of opportunity to provide myself and the Court with legible and valid documentation to evidence any debt yet have consistently failed to do so.


STATEMENT OF TRUTH

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



Signed:


Dated:

[Amethyst]

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

Think that's it - Lay it out as per your original and remember to sign it under the statement of truth (print to PDF and sign electronically or print out, manually sign it and scan back in). Include the exhibits you need (the agreement and your letter marked Exhibit A)

It isn't the most technically correct of statements but the right bits are in there. I've added in the possibility of being stat barred as you mentioned last payment was in Dec 07. Put a covering email with it and give the court a call in the morning (after 10ish) to check it has been received and logged. Email a copy to the claimants as well.

[Dizzy]

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

Thank you so much Amethyst you're a star xxx Ohhh by the way I had forgotten that I had paid an agent of M & S regular repayments from Dec 2008 until Feb 2010, these also show on the statements MKDP sent so I will need to remove the statute barred para - sorry!


Thank you for your help Amethyst as always. If I hear anything in the meantime I will let you know otherwise I am assuming that this is worth battling out at court?

[Dizzy]

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

Hi Amethyst

My case is to be heard in court on Wednesday, do you think I have a good case and do you have any tips on what to say, I just know I will be a nervous wreck.

Thanks

[Amethyst]

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

Wednesday, gosh that's come around quickly.

Have you heard anything else from claimants or court at all ?

It might be worth giving the court a call and asking them if the case is still going ahead, while I have a read back through the thread and get back up to date xxx

[Amethyst]

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

Just for ease for me (and anyone else checking in).

Latest Witness Statement - http://www.legalbeagles.info/forums/...346#post496346

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((( Just re-read the order and the Judge does sound quite pis*ed off with the claimants lack of documents already.....hope he can see how crap their credit agreement is.))))

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


Personal reserve loan account with cheque book only

[Dizzy]

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

It certainly has come round quickly, I had it in my mind that it was on Friday, it's a good job I looked!!

The courts finish at 2:00pm for taking calls so I will have to call them tomorrow morning.

Thanks so much Amethyst xx

[Amethyst]

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

Any chance you can do a copy of

• 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

and post up here pls. (unless you have already and I'm missing them)