MKDP County Court claim on Barclaycard

[pt2537]

Re: MKDP County Court claim on Barclaycard

what was the order made on 21st June 2014?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi it does not state anything else just the one line

[pt2537]

Re: MKDP County Court claim on Barclaycard

What is the one line? and is this the order made dated 21st June were talking about?

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

The one line is as follows

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

[pt2537]

Re: MKDP County Court claim on Barclaycard

Yes, thats my question, there must have been an order made on 21st June yes? so what is the wording of that order, as that is the key point

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Sorry I have not recieved anything barring this through the post . I did make a notice of disclosure application in early June and was told that it would take 3 -6 weeks so thought it may be to do with that . but no confirmation otherwise .

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi Again

I have an update on this claim . As you may remember I applied for a notice of disclosure to get MKDP to provide me with the credit agreement etc . I now have a court date of the 30^th September to get this heard. However in my application which was done in May I stated that if MKDP provided the information by the 4^th June I would respond by the 23^rd June. Well these dates have obviously passed and mkdp have provided nothing.
Does this make any difference now that I have an actual date from the courts or would I be able to apply to get the claim struck out ?

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Unfortunately your request for an order for them to supply the documents by the 4th June has not been dealt with yet and will be dealt with at the hearing. So sadly there's nothing to strike them out against as yet Bit of a long wait isn't it.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Oh well thought that might be the case but wanted to ask anyway . Yes this has been very drawn out but at least I have a date now . It remains to be seen if MKDP will even provide the documents before then . However if they do will I still need the hearing?

[FlamingParrot]

Re: MKDP County Court claim on Barclaycard

Oh well thought that might be the case but wanted to ask anyway . Yes this has been very drawn out but at least I have a date now . It remains to be seen if MKDP will even provide the documents before then . However if they do will I still need the hearing?

I shouldn't think so, but how likely are they to provide them? I'd be inclined to say that, If they had them, they'd have supplied them by now. :grin:

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Hi I have my hearing tomorrow ( for my CPR request ) . I have recieved some documentation from MKDP namely a recon credit agreement ( mostly unreadable and no signature) and some statements . I have not recieved a default notice/Notice of assignment and formal demand which I have asked for . Do I still need the hearing as they have provided some infomation ? Was fairly calm up until now but panicing a little so help would be appreciated . Thanks

[FlamingParrot]

Re: MKDP County Court claim on Barclaycard

Hi I have my hearing tomorrow ( for my CPR request ) . I have recieved some documentation from MKDP namely a recon credit agreement ( mostly unreadable and no signature)and some statements . I have not recieved a default notice/Notice of assignment and formal demand which I have asked for . Do I still need the hearing as they have provided some infomation ? Was fairly calm up until now but panicing a little so help would be appreciated . Thanks

Don't panic! :grin:

The hearing has been scheduled and you have not received all the documents requested, so you should really attend. :thumb:

With regards to the issue of readability, you may want to take a quick look at this: http://www.legalbeagles.info/forums/...28June-2014%29

This is the Telegraph article: http://www.telegraph.co.uk/finance/p...documents.html

With regards to the default notice, you may want to look at this case: http://legalbeagles.info/wp-content/...tober-2011.pdf and this commentary: http://www.lexology.com/library/deta...f-bbec639e93d0

This case may also be useful: http://legalbeagles.info/harrison-v-...february-2011/

Best of luck ray: and do keep us posted. :typing:

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

Thank you that is really helpful . Just never been inside a court room before and I think the reality finally kicked in last night . Hopefully should be ok .

[Amethyst]

Re: MKDP County Court claim on Barclaycard

Good luck today - this is a little bit about the court hearing to hopefully put you at ease

http://www.legalbeagles.info/forums/...-court-hearing

It does sound as though they have complied with some of the CPR request, a default notice/Notice of assignment and formal demand stil missing, and they have not complied with the CCA request so you will need to push that point, also bring up the lateness of receipt of the documents making your position difficult with regards this hearing, ask for the costs of the application and hearing and you want 14 days to submit your defence (which will be based on the illegible agreement and non compliance with the CCA request) You can't properly assess your position with regards the claim without readable documents as you can't see terms of payment, interest rates and so on, you can't see hwo the amount they are claiming has been made up, and you have no evidence that they are entitled to claim the debt from you at all without having received notice of assignment from the original creditor.

[Gettingthereslow]

Re: MKDP County Court claim on Barclaycard

UPDATE :-Just got back from the hearing and am still shaking ( though why not too sure ). Long story short the judge ruled in my favour . MKDP did mount a defence but the advocate was only given the brief half an hour before. They( MKDP) claimed that I was trying to waste the courts time and that I could still have filed a defence even without the documents ( Something the Judge was not best pleased with ) They also claimed that I had all the documents ( over the previous 3 years ) which I had not . They then produced copies on an Ipad to show the judge . Again the Judge was clearly exasperated and asked why if they had the documents why not just send them to me months ago and not waste his ( and my) time !

MKDP was then given 14 days to provide the documents and I then have 21 days to provide a defence thereafter .

The judge asked about costs and whilst MKDP tried to claim that there was no need to award costs the Judge though otherwise and again ruled in my favour. ( The sum of my application ) I was asked if I had any other costs to be added but by this time I was in shock and could only mumble no .

I was so impressed with the Judge and how quickly and efficiently he dealt with the matter . He cut through the long winded claim from MKDP and the whole matter was over in 15 minutes . I think I only said 3 sentences during the entire proceedings .

I know this is only the first step but it one which I would not have even tried to take without the patient help of you all particulary FlamingParrot and Ameythst . Thank you very very much for all you help so far !!