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MKDP LLP pursuing an MBNA Business Credit Card debt

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  • #46
    Re: MKDP LLP pursuing an MBNA Business Credit Card debt

    1. IN THE NORTHAMPTON COUNTY COURT
    Claim No. xx

    BETWEEN:

    MKDP LLP
    Claimant
    - and –
    Defendant
    xx
    _________________________________

    WITNESS STATEMENT OF Real name not business name

    _________________________________




    I
    real name included of XX add' being the Defendant in this case will state as follows;

    1. I make this Witness Statement in support of the application for an order that the claim be struck out.


    Time line.

    · Claim form received 01/05/2014
    · AOS filed 12/05/2014
    · Letter requesting compliance with CPR 31.14 providing all documentation relating to the alleged agreement – sent 13/05/2014 Proof of posting attached see Exhibit 1.
    · Letter requesting compliance with CCA1974 requesting signed copy of agreement – sent 13/05/2014 Proof of posting attached see Exhibit 2.
    · After receiving no acknowledgement of my letter I contact the claimant on the 2nd June @09:27 via the telephone and spoke to ‘Christine’ she agreed an extension to file my defence of 28 days. She confirmed that I would receive an email to confirm the extension on this day the 2ndJune 2014. This call was recorded and can be provided to the court.
    · After not receiving an email I again contacted the claimant (see attached email Exhibit 3-4 email and delivery receipt) I set the case that they had not responded in the correct period and had failed to comply with the CCA1974. I confirmed there acknowledgement that they had failed to provide the evidence to support the claim.
    · I again contacted the claimant on the 5th June 2014 @16:12 requesting evidence of their agreement to an extention to file defence however they refused to correspond with me as I could not provide the correct data protection information.

    They have issued the claim against XX my name is XX if I am unable to pass there data protection requests then this implies they have issued the claim incorrectly as they do not even have my name..


    Statement of Truth

    I, real name
    , the Defendant, believe the facts stated within this Witness Statement to be true.


    Signed: ________________________________

    Dated:

    Comment


    • #47
      Re: MKDP LLP pursuing an MBNA Business Credit Card debt

      Please can someone look at the above - any pointers would be great, thanks....

      Comment


      • #48
        Re: MKDP LLP pursuing an MBNA Business Credit Card debt

        Can the N244 go in online? What is the box on the N244 "Fee Account Number"
        Last edited by newbie; 18th June 2014, 13:00:PM.

        Comment


        • #49
          Re: MKDP LLP pursuing an MBNA Business Credit Card debt

          Hello would anyone be able to look at this as I need to change the dates - thank you don't mean to be pushy just a little help would be fantastic..

          Comment


          • #50
            Re: MKDP LLP pursuing an MBNA Business Credit Card debt

            Just as an update. I have received a letter from the Court stating that the claim is "Struck Out" - thank you to all that helped me with this. I did send in a Draft Order" and the claimant failed to comply with the Court. I will be seeking my costs for the N244 application and LIP if possible. Again thank you for all your help. If anyone is going through the same then I will be happy to help (if I can.) Best Wishes....

            Comment


            • #51
              Re: MKDP LLP pursuing an MBNA Business Credit Card debt

              Hi newbie, Ahh that's great news, well done you. Perfect timing too mashappy: though it's taken them a while since June !

              I'm sorry you don't seem to have got much help on your thread in the later stages masred: If you do fancy sticking around and helping other that would be very much appreciated, there are really quite a few people going through similar at the moment, we're a little snowed under, and the DCA's seem to have gone mental with court claims just in time for Christmas :christmas3:
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
              2 of 2 < >

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