MKDP County Court claim on Barclaycard

[nemesis45]

Re: MKDP County Court claim on Barclaycard

I agree needs text reduced to clear statements.
nem.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Thank you for the comments and the links . Please see attached revised attempt

[Amethyst]

Re: MKDP County Court claim on Barclaycard

I think you've muddled a defence and a witness statement a little bit....but getting there ( slow ). Let me have a twiddle with it xx

Okay you're okay for time so I'll come back Wednesday properly if that's okay Gettingthereslow, have been reading back through your thread and we need to get the issues sorted for this 'final' (hopefully) defence to get rid of these buggers for good. I have to attend a family funeral tomorrow in Essex and need to leave early doors. I'm sure the others will look in anyway particularly for the issues with the agreement.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Amethyst Thank you so much . Yes I should be ok for time if I submit it on Thursday/Friday . Thank you all for your help

[pt2537]

Re: MKDP County Court claim on Barclaycard

Amethyst Thank you so much . Yes I should be ok for time if I submit it on Thursday/Friday . Thank you all for your help

http://www.bailii.org/ew/cases/Misc/2012/19.pdf

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Amethyst

Sorry to pester but wondered if you had a chance to review my defence at all ?

Also just received in post letter from Court with what looks like MKDP's documents ( I assume as my wife phoned it through to me at work) saying that as they dont know what they are for they are returning them to me ( As my name is on the letters ) . Does this mean that MKDP has not filed the documents correctly with the court and if so can the case be struck out ? I will phone the court later on to see whats happening but thought somebody may know in the meantime

Update - It is copies of the recon CCA etc which were sent to me . Obviously they have not filed this correctly with the Court . Does this make a difference at all ?

Thanks

[Amethyst]

Re: MKDP County Court claim on Barclaycard

bump for Ms Forgetful ( that's me !) Sorry xxxxxxxxxxxxx

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Back xx Having a look back through.

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Just wondering if the address on the latest copy of the recon is the same as the address on the illegible copy you were sent in May ? and were they both your current address rather than your address at the time of opening the account ?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi no the addresses where the same . i,e my original address was on the blank piece of paper and my current address within the document .

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Ahhh the page marked 6 here http://www.legalbeagles.info/forums/...4&d=1419940700

Those will be the terms at default so presumably you were at your current address when the account was defaulted and closed ?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Yes I was at current address when the account was closed an defaulted

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Okay we're not going to be able to put this in till Monday so lets take out time over the weekend and get this right. If M1 or PT have more input it'd be appreciated.

Wegmuller contains lots of bits that will apply, although there is no actual front sheet app form/agreement - that leaflet would not have been provided until after - sent with the card possibly, so there's nothing to say what was on the agreement at the time you signed it. I think you can be quite certain that you did not have that leaflet though. SO you can make a positive assertion that that is not the document you signed.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Ok thank you . Also did you see my post about MKDP not filing the documents with the court properly ?

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Yes, do you think they have sent copies to you again rather than filing with the court and have thus missed their deadline ? If that is the case you need to contact the court Monday and ask them if they have received anything, and if not point out the previous court order gave XXXX date and point them to any sanctions given.

Have you had a read through the Wegmuller judgment ? Your defence is on the right lines so far, it's just written witness statement style.