MKDP County Court claim on Barclaycard

**Amethyst** · 8th May 2014, 11:06:AM

Re: MKDP County Court claim on Barclaycard

Hi there,

Welcome

Would you be able to upload a copy of the agreement you received from them ?

When they provided the agreement did they provide all the terms and conditions that would have come with it ?

What made you send the CCA letter in the first place - did you have a dispute on the debt or were you being chased by debt collectors etc?

Could you type out the particulars of claim from the claim form too please.

Good to hear you acknowledged the claim. No you aren't needing to contest jurisdiction. But you now have 33 days from the issue date of the form to sort out getting information and working out if you have a defence.

Let's get the info I've asked for and a bit of background on the debt then we can see what letters you need to send out.

Many thanks

Sharon

**mystery1** · 8th May 2014, 11:06:AM

Re: MKDP County Court claim on Barclaycard

http://www.legalbeagles.info/forums/...m-what-do-I-do

http://www.legalbeagles.info/forums/...ic-information

A CCA request does not need a signature. A recon needs to be "honest and accurate" and many are not so you need to examine it. Of course, as the terms have been varied, you need a copy of the original terms and the upto date terms as well as a signed statement of the account.

M1

**Gettingthereslow** · 8th May 2014, 11:18:AM

Re: MKDP County Court claim on Barclaycard

Hi I should be able to upload the agreement tonight when I get home . The dispute was raised as I was being chased by debt collectors and although I had made numerous offers to pay a set amount this was rejected . Thank you for you help

**FlamingParrot** · 8th May 2014, 11:48:AM

Re: MKDP County Court claim on Barclaycard

Originally posted by Gettingthereslow View Post

I would be grateful for advice please. Long story short Ihave had ongoing issues with my Barclaycard which culminated in me doing a CCArequest to them. They were unable to provide this and consequently sold thedebt to MKDP who eventually provided a reconstituted agreement with nosignature along with a couple of Barclaycard statements. My understanding wasthat as they were unable to provide a signed agreement the debt wasunenforceable (The card was opened in 2001)

After the Carey v HSBC case, it was established that a recon is acceptable response to a CCA request, however, certain requirements still have to be met, you may want to look at PT2537's comments:http://paulatwatsonssolicitors.wordp...dit-agreement/

So what if you don’t have the original agreement? well the burden does rest on the debtor to make a positive assertion about the original agreement, as the law stands , unless the debtor is able to make a positive assertion that the agreement was unenforceable because….. or that there never was a signed agreement…………………….(Please note: This only applies for agreements signed before 6th April 2007) then it is going to be very difficult to challenge the enforceability of the credit agreement.

I would also point out that no where in the 1974 Act does it state the “Original actual signed piece of paper” must be brought to the Court. It would no doubt be accepted by the Court if a member of staff working for the bank in their archiving department gave evidence that there was a credit agreement recorded on the banks archives, and that the type of credit agreement in use at that time was “X” and the computer records show that “X” % rate of interest would have applied and the credit limit was “£XXXXX”. The Court is likely to accept such evidence unless there is a positive assertion coming from the debtor as to what he did or did not sign. Now i would also point out that making a positive assertion that you didn’t sign an agreement when you know you did, is not only likely to get found out and make you look foolish, if you make such an assertion in a Defence and sign such with a statement of truth knowing it isn’t true, then you may well end up facing contempt of court too.

and: http://paulatwatsonssolicitors.wordp...dit-agreement/

So often clients receive the copy agreement and either the creditor has sent a poor copy of the original agreement in a microfiche but sometimes without the original terms or with part terms and conditions or they sent a reconstitution of what was said to be the original agreement. Now when the original signed application form / agreement is sent to the debtor and there are part terms or no terms, then technically the agreement could be unenforceable because of a breach of section 77,78 or 79 Consumer Credit Act 1974 (as amended) and likewise if the reconstitution is inaccurate and misstates the prescribed terms, or for example like in Harrison v Link Financial Limited before HHJ Chambers QC sitting as a judge of the High Court, the lender sends a set of terms purporting to be from 1998 with a registered address from 2001 then you can pinpoint errors within the documentation which would leave the creditor unable to enforce the agreement but only until he remedies that defect. The problem with those sections of the Consumer Credit Act is that they are suspensory and can come back to bite you, why? because the creditor can remedy the s77,78 or 79 breach even on the day of the trial. As much as i find that galling, it is true sadly as can be seen in Harrison v Link Financial Limited. Link via MBNA had made numerous failed attempts to comply with the relevant provisions yet they had botched it up over and over, it was pretty spectacular really, it was like “heres a true copy, no heres a true copy, no we got that wrong too but honest this one is really the right one” now to me, when i read Carey v HSBC bank Plc it seems quite clear that Judge Waksman expected a bank, a sophisticated financial institution, to be able to accurately reconstitute the agreement without any difficulty. It does however seem that those expectations are misplaced as most of the lenders i deal with seem to struggle with the basic information purposes of the 1974 Act.

Originally posted by Gettingthereslow View Post

What else do I need to to do now? Although I have writtenback to MKDP saying that the debt is unenforceable I have not written back tothem saying why I believe the agreement they provided is incorrect andtherefore unenforceable which in hindsight may have been an error. Is it worthwriting to them now?
Advice gratefully received.

No, not after they've issued proceedings. Any such argument could be included in the defence you submit later on.

Would be good to be able to look at what they've sent, and you should look at the bits quoted above and, in general at the issue of whether what they've sent you is actually accurate, for example, do the stated charges match what you were actually charged? Some of Barclays "recons" have turned out to be just a piece of paper with a stamp and the name and address of the debtor, maybe with a copy of CURRENT T&Cs attached. :rant: :rant:

Other bits to look into are the default notice and the notice of assignment.

**Gettingthereslow** · 8th May 2014, 18:35:PM

Re: MKDP County Court claim on Barclaycard

Hi Again

Sorry am struggling to upload the reconstituted agreement as my printer is playing up so will have to do it in the office first thing if that is ok . However what I received was a covering letter along with very poorly copied t and c's and a copy statement dated June 2011. There was also a blank page which had my original address on it .

The details of the claim are as follows

The Claimant claims the sum of xxxxx being monies due from the defendant to the Claimant under a regulated agreement originally between the defendant and Barclaycard . The defendants account number was xxxxxxxxxxxxxxxxx and was assigned to the claimaint on the 21/09/11, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 . The Claimant claims the sum of xxxx and cost . The claimant, as far as is necessary , with the pre action conduct practise direction .

It was dated 1st May 2014 and was from the County Court Business Centre in Northampton . I received the claim form and response pack .

**Gettingthereslow** · 9th May 2014, 08:29:AM

Re: MKDP County Court claim on Barclaycard

Hi Again

I have finally been able to upload the recon agreement receieved from MKDP . I would be grateful if you could give me your opinion as to the vailidiity .

Attached Files

Recon Agreement.pdf (1.23 MB, 1 view)

**mystery1** · 9th May 2014, 15:51:PM

Re: MKDP County Court claim on Barclaycard

Is the original one as illegible as it looks on a computer ?

M1

**Gettingthereslow** · 9th May 2014, 16:01:PM

Re: MKDP County Court claim on Barclaycard

Yes the original is very bad and most pages are unreadable

**mystery1** · 9th May 2014, 16:12:PM

Re: MKDP County Court claim on Barclaycard

They haven't complied with your cca s78 request then.

http://legalbeagles.info/wp-content/...Bachellier.pdf

M1

**Gettingthereslow** · 11th May 2014, 15:39:PM

Re: MKDP County Court claim on Barclaycard

Hi thank you all for help so far . I assume I now need to send off a CPR letter to MKDP now ?

**mystery1** · 11th May 2014, 15:41:PM

Re: MKDP County Court claim on Barclaycard

I would :okay:

M1

**Gettingthereslow** · 22nd May 2014, 10:47:AM

Re: MKDP County Court claim on Barclaycard

Hi Again

As discussed I sent off the CPR request on the 11th May via recorded delivery and have heard nothing since . Am I correct in saying I should now email/call MKDP to chase them up or do I contact the court to say that they have not supplied documentation ?

**mystery1** · 22nd May 2014, 10:56:AM

Re: MKDP County Court claim on Barclaycard

Chase up MKDP by phone and remember to email an overview of the call to them.

M1

**Gettingthereslow** · 22nd May 2014, 17:51:PM

Re: MKDP County Court claim on Barclaycard

Hi

I phoned MKDP today and they stated that they had received my letter but had only processed it this week and need to ask Barclaycard for information which they told me could take up to 6 weeks . I stated that we needed to agree an extention and they have said no as I can submit my defence without documentation and that they are only obliged to submit documents 14 days before a hearing .

I obviously argued my case but got nowhere . Do I go ahead and submit my defence on this basis ( they did claim they had sent me the CCA previously and that would be enough . Again I disputed this .

If I need to get an extention how do I go about doing this ?

MKDP County Court claim on Barclaycard