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

[Kati]

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

Good Luck from me too xx

[Dizzy]

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

Thank you all for your good luck wishes xxx
Well I got through it and feel exhausted now!

When I got there, there was quite a wait, I was approached by the representative of MKDP (not employed by them) who briefly went over the details, she asked me if I was happy that it was my debt and what I was disputing. I said I wasn't disputing the debt was mine but it was the way the DCA had dealt with it and not followed protocol and regulations. She asked if there was anything new I wished to raise and I quoted what M1 had pointed out regarding the default notice and she came up with the excuse that it was just a template and a normal one would have a specific date which would be 14 days after serving the notice.


She asked me if I had other debts that I was battling with but I wouldn't answer her because I didn't feel it was relevant to this case. She told me how many cases were in front of us and we probably wouldn't get heard until lunch-time. By what she was saying she was trying to put me off and I think she was hoping at this point I would say I didn't want to see the judge but I said to her I would prefer to hear what the judge has to say! :tinysmile_twink_t2:

We were called in at mid-day and the judge was very pleasant, he seemed to side with me more than the claimant, probably because I was a lay person representing myself!! He asked the claimant what they were claiming on and he also stated that it was the debt in question, however the rep also said that certain procedures had not been followed. The judge then asked me my thoughts and I said that I wasn't disputing the debt but more the way the DCA had handled it and not followed correct procedures and regulations according to the CCA. He asked us all to look at the agreement and he said even he couldn't read it and therefore it was an unenforceable debt in the eyes of the law. The rep tried to make excuses by stating she could clearly see my name and that I had signed it and the judge said that we couldn't see the terms and conditions. The rep then brought out some paperwork on CCA 1974 section 77 (I think!!!) which she had researched whilst waiting for the listing and said that all the prescribed terms were there - but the judge by this time got slightly annoyed with her and stated again but not the terms and conditions! The judge said that he wasn't siding with anyone because there obviously was a debt and he said that the case could be adjourned to give MKDP chance to obtain the original agreement or we could come to an agreement whereby the debt is repaid but on prescribed terms and the rep to go through my income and outgoings. He asked us to consult on it and he was also kind enough to delay having his lunch until we had reached a decision. He said that if the case was adjourned and MKDP had found the original agreement then it would result in a judgement.

We went out to discuss it and I said that I would like a 50% discount off the debt and I would agree to repay £20/month. The rep said she has never requested a discount on a debt before (Liar!!) and that I also needed to consider their court costs on top of the debt which amount to £220 plus the court fee - I piped up that they haven't won the case so why should I have to pay the costs!! She asked me to wait outside while she consulted with MKDP and they agreed that I pay £1,000 at £20/m which means that effectively I haven't been charged the court costs and legal fees and I also received a discount of £332.90.


We went back in to the court room and the judge asked that there be an adjournment if I default and an automatic CCJ if I default within 7 days of the agreed repayment. He was pleased with the outcome and said it was also probably better all round.


Therefore not a bad outcome after all that :tongue2:

[Amethyst]

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

Hey Dizzy, I think you did what was right for you, well done on getting through today and keeping your head. You've managed to get a good outcome that suits you - £20 a month over 4odd years, so basically £5 a week and you don't have a CCJ on your credit file xxx Well done. xxxx

[enaid]

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

Well done Dizzy especially for keeping your nerve. Not a win, but not a loss either as long as you can comfortably afford the repayments it will soon be all done with.
Enaid x

[Dizzy]

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

Thank you both - it was also good experience if nothing else, I remembered a lot from my previous experience which helped me, but it also helped having a sympathetic judge.

Thank you Amethyst and everyone else for you help, I really couldn't have managed today without you. You are all my heroes, I hope one day I can give someone else some good advice on this site.

A massive thank you to you all, you're doing a brilliant job xxxxxxxxxxx :beagle2222::beagle2222::beagle2222:

[Kati]

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

Well done Dizzy xx