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

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)

Sorry for the delay Amethyst, attached is exhibits 19 and 20

[Amethyst]

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

[MENTION=5354]mystery1[/MENTION] - could you have a quick look at the DN (template) and assignment ( no header)

The agreement is illegible and does not have the APR on it thus is missing prescribed terms and thus unenforceable. If they say the prescribed terms were present then they need to give you a legible agreement. Plus it looks like it is the application that you'd have sealed and sent back to them and not had a copy back so had no record of any terms.

[mystery1]

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

Assignment appears ok IF the date and amount is accurate.

The template is interesting. It appears they put 14 days in the date and forget to include service. However i'm fairly sure they won't admit that so how do you convince a judge ? No oft sheet mentioned either.


They require

Details of breach of agreement and action required to remedy, or pay compensation for, the breach


3. A specification of:—


(a)the provision of the agreement alleged to have been breached; and
(b)the nature of the alleged breach of the agreement, specifying clearly the matters complained of


I'd say (b) is there but (a) is not.

M1

[Dizzy]

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

Hi M1

Thank you so much for your input, I am freaking out about tomorrow, only because of my last experience in court, the assignment amount is correct but as for the date I cannot be sure. If I mention what you have stated above, will this be enough to stop me from getting a CCJ? Probably a silly question because all judges are different but the one I had before although kind to me in the end, made me feel like a really naughty school girl :tinysmile_cry_t:

[Amethyst]

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

It should be, I think the Judge has already shown he is not happy with their lack of documentation, and they have put very little effort into disclosing this CCA to you, very late in the day too, and it is unreadable, the prescribed terms aren't there and it is unenforceable as it stands. You have spelt it out in your witness statement so he already has the information in front of him, as do the claimants, so will likely have already decided what he is going to do. I hope you get the same judge

Re read through your witness statement as it will put the arguments better in your head and take a copy with you. Also take copies of other docs you have with you or you think you might be asked for.

Try and treat it as an experience and don't be too nervous, the MKDP guy will likely be a local rep who's only just got the details of the case that morning. You won the last round, you can win this round too. They haven't evidenced their claim, their CCA is unenforceable, they should have the claim dismissed. If the judge gives them more time to produce a legible copy, it's not the end of the world.

[Amethyst]

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

Oh and I nearly forgot, GOOD LUCK tomorrow, go kick ass xxxxxxxxxx

[mystery1]

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

Note:- I haven't seen your defence. If your defence doesn't contain a point that point may not be allowed..

Well if you can persuade the judge that they haven't fulfilled the regulations for a default notice then enforcement should not be allowed on the back of a bad default notice. http://www.bailii.org/ew/cases/EWHC/...e/2011/B3.html (Para 75) take 3 copies of the judgement with you. with you.

1. The notice of enforcement
   
2. The notice of enforcement was a statutory pre-condition of enforcement. It was a bad notice and enforcement cannot be attempted in dependence upon it. However, bad notices can often be remedied by the service of good notices and I see no reason why that should not be so in respect of credit agreements.

The CCA says you need 14 clear days. The default notice appears to give 14 days including postage.

As previously posted, the default regulations require specification of what you've breached etc and the template appears not to do so, IMO.

Convince the court of this and they are stuffed.

M1

[Dizzy]

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

Thank you Amethyst, you have been so supportive throughout this and I wouldn't have come so far without your help and others on this site, I really do owe it to you all.


I would have given in well before now but you have given me the determination to carry on. :beagle2222:

I will be back here tomorrow and will let you know what the outcome was xxxxxxxx

[mystery1]

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

If the judge gets all "don't try technical bullshit on me"

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html

1. Thirdly, there is nothing in Miss Urell's point that Mr Grace defaulted before his agreement had been declared unenforceable (and that on the court's own motion). The default registration was not made until after the judgment declaring unenforceability, and asserted that he continued after that judgment to be a defaulter. Nor is there merit in the submission that Mr Grace had escaped enforcement on technical grounds. The requirements of the CCA for which unenforceability is the sanction are part of a structure laid down by Parliament for the protection of consumers and the regulation of the consumer credit market. Although they may be technical in their application, and the consequences for non-compliance sometimes draconian, they are not mere technicalities in the sense that Miss Urell described them. In the present case for example the discrepancies in the copy agreement sent to Mr Grace were about the interest rate and the APR under the hire purchase agreement. There is nothing merely technical in the statutory requirement that these matters be clearly and accurately set out for the consumer.

M1

[Amethyst]

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

That is a good point M1, and a brilliant quote from Sparkie's case for an example !

[Amethyst]

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

On M1's previous point actually it could be an amended defence ordered I'd guess, although we have complied with all the orders with regards documents and witness statements, so hopefully he'll allow the points bought up in the WS.

If the Judge (after MKDP lakky tried to argue it) did try saying submissions not accepted as not made in your defence, remind him that the defence was pre documents, points have been made in you WS, you've complied with the orders and would happily submit an amended defence should he find it necessary. Sir etc.

[Dizzy]

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

It's funny M1, you stating about the judge thinking "don't try technical bullshit on me" - the last judge said I needed to get up to date with the current legislation and said I was nearly there with my legal jargon and told debt collectors rep and me to sort the whole thing out behind closed doors civilly - but I have Curly Ben to thank for that too. We did sort it out and actually the rep said to me ask for a massive discount - but who knows what mood the judge will be in tomorrow :tinysmile_aha_t:

[Amethyst]

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

GOOD LUCK DIZZY xxx

[Dizzy]

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

GOOD LUCK DIZZY xxx

Thank you Amethyst - will let you know what happened xxxx

[enaid]

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

GOOD LUCK DIZZY xxx

Ditto xx