MKDP County Court claim on Barclaycard

[mystery1]

Re: MKDP County Court claim on Barclaycard

Apply to the court.

Of course if you're making an application for time it makes sense to combine it with an order for disclosure http://www.legalbeagles.info/forums/...ic-information post 3 on.

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Many thanks your help has been excellent . One question if I may ? How do I submit the form N244 . Do I need to go to the court itself to submit the documents ?

[mystery1]

Re: MKDP County Court claim on Barclaycard

Email. Phone up the court to pay and they'll give you the correct deails.

They only take payments before 15:15.

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Again

Apologies for the continued questions but this was going well but now seems to be getting a little complicated.
I downloaded the N244 form but am having trouble fitting all the words into Section 3 of the form as it will not let me type all the words (I was using the template supplied in your explanations ). I assume I can supply this on a separate sheet and just refer to it on the main sheet?
Also I then phoned the Court and was told that filing an N244 would not stop MKDP from getting a judgement and I would still need to submit my defence and use the fact the MKPD had not supplied the documentation as defence.
I am now a little confused and would be grateful for some advice.

[mystery1]

Re: MKDP County Court claim on Barclaycard

Yeah continue on another sheet and put a note in box 3 to say so.

As for the court staff, you are not alone in being told this. They are wrong. You are participating in the court process by making an application. Default judgements under these circumstances should not be upheld. Part of the application is asking the court to extend the period for filing your defence.

If you listen to the recorded information when you call the court you will hear that they are not allowed to give out legal advice.

I'd proceed as you are.

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Ok great thank you . They did say they are not allowed to give out legal advice but then proceeded to do so anyway hence the confusion . I will get everything done and submitted on Tuesday which i hope will be early enough as the final defence date is the 3rd June .

[mystery1]

Re: MKDP County Court claim on Barclaycard

Plenty of time

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Me again I recieved a response to my follow up email of our telephone conversation and recieved the following response ( along with the same ilegible copy of the CCA . Should I respond and of so what do I say ?

The outstanding balance on this claim is £7,135.51 and will likely be allocated to the small claims track which is governed by Part 27 of the Civil Procedure Rules. Pursuant to CPR 27.2 and CPR 31.1 the provision of CPR 31.14 is not applicable. We also draw your attention to CPR 27.4(3)(a)(i) which states that documents upon which you intend to rely shall be filed and served at least 14 days before the date fixed for the final hearing unless special directions are given by the Court.

Since your account was assigned to MKDP LLP on 21 September 2011 we have attempted to recover the outstanding balance utilising letters and telephone calls. We have also provided you with a copy of your reconstituted credit agreement and statements previously and attach further copies now for your convenience. It is our view that your letter dated 12 May 2014 is nothing more than an attempt to further delay payment of a debt due and owing. Any application to the Court will be opposed and costs sought as we take the position that a defence can be filed admitting or denying liability and quantum. Please note we reserved the right to exhibit correspondence on the issue of costs.

Yours faithfully

[Amethyst]

Re: MKDP County Court claim on Barclaycard

hmmmm let M1 have a look as this seems to be a new bit in their letters

It is our view that your letter dated 12 May 2014 is nothing more than an attempt to further delay payment of a debt due and owing. Any application to the Court will be opposed and costs sought as we take the position that a defence can be filed admitting or denying liability and quantum. Please note we reserved the right to exhibit correspondence on the issue of costs.

[mystery1]

Re: MKDP County Court claim on Barclaycard

Dear idiot,

Thank you for your email of xxxxx the contents of which are noted.

I notice that you refer to cpr 27.2 and wonder why you seemingly ignored cpr 27.1 (a) ?

Scope of this Part
27.1
(1) This Part –
(a) sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26


As you can clearly see, and admit to in your on email "will likely be allocated to the small claims track" i.e. it hasn't been allocated yet and thus the exclusions to which you refer are not in play.

As for your aspersions that this is a delaying tactic perhaps you can tell me how i would obtain legal advice without any information ? It is not for you to question my motives when all i am doing is using the rules as they were intended. Given that it appears you will not perform your cpr duties including completely ignoring your cpr 1.3 duties it is likely that you will not need to bring my correspondence to the courts attention as it will form part of my evidence for my application to force compliance with the rules due to your wholly unreasonable behaviour.

Of course you could always comply with my request to avoid the need for such an application.

Yours etc

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

hahah thank you that response has made my day I will respond accordingly ( deleting the idiot bit only reluctantly )

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Again . I have sent off the Disclosure N244 to the courts on Tuesday and paid for it . The automated email I recieved back from the court stated that they can take up to 10 working days to respond . I assume as i have heard nothing I still need to submit my defence on the 3rd June ?

[mystery1]

Re: MKDP County Court claim on Barclaycard

No don't enter a defence. The application shows that you are participating in the process so no default judgement will be allowed.

This is + £10,000 isn't it ?

M1

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

No the amount is less that 10K . It is for 7K

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi again

I recieved a notice of transfer of proceedings from the court yesterday saying that it has been transfered to Luton County Court . I originally assumed that this was due to me originally saying Northampton was out of my area and the fact I applied for a notice of disclosure . However reading the one line again I noticed it said

As a result of an order made on 21st June 2014 , this claim has been transferred to to the County Court at Luton .

It may be me being paranoid but does this mean that MKDP have sneaked in a default judgement ?? I will obviously phone the court tomorrow but for peace of mind thought I would ask here .