MKDP LLP pursuing an MBNA Business Credit Card debt

[newbie]

Hello, I posted this on CAG but have had received no reply, would anyone here be able to point me in the best direction?

Claim MKDP LLP pursuing an MBNA Business Credit Card debt? I have filled out the pdf of questions required before a reply is received (see below.)

The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid?

Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one?

The agreement is pre 2007. Do they still have to produce the original signed agreement?

I have no way to pay this or even contribute a small amount monthly, just do not have the money anymore.

Claim is issued from the `County Court Business Centre?’ does this make a difference

Thank you and I have compiled a list to the pdf questions below.
.
·Name of claimant - MKDP LLP
·Date of Issue – 01/05/2014
·Claim Value – Circa £7000.00
·POC – As follows;
The Claimant claims the sum of £7000 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and MBNA.
The Defendants account number was XXXX and was assigned to the Claimant on XX 2010, notice of this has been provided to the claimant 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 £7000 and costs. The Claimant has complied, as far as necessary, with the pre-action conduct practice direction.
·Value of claim £7000 (Circa)
·Claim is for business credit card – MBNA.
·No `Notice of assignment’ receive to my knowledge – still searching for it.
·Default Notice from original creditor is attached to this post.
·Not received “Notice of Default Sums” – again to my knowledge.
·Payments ceased due to child being born disabled – massive life change for us.
·No original dispute.
·NO DMP.
·I will send CCA1974 asap I did do this direct to MBNA on 10^th March 2010 however I do not have the proof of postage and MBNA never replied.
·I will send CPR31.14 to MKDP.
·I will send a CPR Part 18 request.
·I will defend.

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

I'm a bit confused by this '' I have filled out the pdf of questions required before a reply is received '' ?

All claims for money are being issued through Salford CCBC now so that's nothing to worry about.

The POC sounds pretty standard - have a look through the forums we've quite a lot on MDKP last couple weeks.

You haven't mentioned if you have acknowledged the claim - if not that's the first thing you need to do, then get the CPR 31.14 and CCA requests sent off.

What are you asking for in the part 18 request ?

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid?

Was the card issued in your own name or under a company name?


Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one?

Nothing attached - was it invalid because it didn't give 14 days or another reason ?


The agreement is pre 2007. Do they still have to produce the original signed agreement?

A reconstruction is fine as long as it is a true copy of what you would have signed and the accompanying terms (for CCA purposes). Do you recall applying for / signing the agreement? Was it done online or in the bank or by post etc?

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Thank you for the reply.

Re the pdf - sorry that was what was requested on the CAG website.

I have not acknowledged the claim - I will do it now.

Part 18 request. I think I have that bit wrong!

I think that the card was issued in my name.

Yes, the Default Notice was short on days. Sorry I have tried to upload it by nothing happens - I click `upload' and nothing happens I have tried Jpeg and pdf.

I signed it via the post (I think) I'm sorry I cannot say 100%. Does it mean that if they print something from the system it is fine it does not actually have to be the original document?

Again thank you for the help.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

I carry the dust of a journey, that cannot be shaken away, It lives deep within me, for I breathed it every day

That's how I feel about life - so true.

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

xx

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello I have reviewed my paperwork and from the point that it was sold it all refers to the trading name only - not my name. If I ignored this and they got a judgement by default with only the trading name then would that stop them from taking action in the future against me or could they simply have it amended? I take it the trading name could not be reported on my credit file?

Also I cannot acknowledge service as the courts website is being maintained.

Thank you.

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Thank you for the reply.

Re the pdf - sorry that was what was requested on the CAG website.

I have not acknowledged the claim - I will do it now.

Part 18 request. I think I have that bit wrong!

I think that the card was issued in my name.

Yes, the Default Notice was short on days. Sorry I have tried to upload it by nothing happens - I click `upload' and nothing happens I have tried Jpeg and pdf.

I signed it via the post (I think) I'm sorry I cannot say 100%. Does it mean that if they print something from the system it is fine it does not actually have to be the original document?

Again thank you for the help.

Okay sometimes that happens if a file is too big, I don't think we need to see it though. It might be useful if we get to that point, first we need to ensure MKDP aren't just on a fishing trip.

So first steps and links to relevant letters, which you've probably seen, so just for completeness really - in this post http://www.legalbeagles.info/forums/...it-Court-Claim - yes I'd send another CCA and keep recorded delivery receipt. Helps also to demmonstarte to the court you have tried to suss things out before leaping in with a defence.

The Part 18 would be if there was something specific you required that hadn't been mentioned in the statement of case, personally at this stage I think a CPR 31.14 is plenty to be going on with.

Did you have PPI on the card do you know?

Doesn't sound like you have specific disputes on the debt simply change of life circumstances made it low on the list of priorities - happens to us all. Let's see what comes back and you can consider if you want to defend the claim, negotiate any instalment offers or let the court set a rate.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Just listened - fantastic song. I have never listened to them before, will discover them. Thank you.

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello I have reviewed my paperwork and from the point that it was sold it all refers to the trading name only - not my name. If I ignored this and they got a judgement by default with only the trading name then would that stop them from taking action in the future against me or could they simply have it amended? I take it the trading name could not be reported on my credit file?

Have you checked your credit file at all as if you defaulted 2009/2010 this would be showing on there. Noddle is a free one you can check online. I wouldn't recommend just ignoring it, its too easy for them to apply to amend it and then you have a £7k odd forthwith order for payment and possible charging orders etc (do you own your home?) so just take bull by the horns and get it sorted now.

Also I cannot acknowledge service as the courts website is being maintained. - TYPICAL ! lol, have to do it Monday then, no problem, just don't forget.

Thank you.

::::::

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Thank you. Just checked Noodle and its not on there. Strange? Does this change what you think?

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello,

Please can I ask someone to clarify my thoughts.

I am thinking of sending a letter accompanying my request for CCA & CPR along the following lines;

As per the Mitchell case I do not feel that they have followed pre-action protocol by first serving the documents that they should have already had in there position (agreement, DN etc) and that as they have failed I will ask for any award for costs be reduced due to this. Or something like this, what do you think?

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

What I am thinking is that an added defence is surely that if they state on a POC tha they have followed pre-action protocol then that should surely include;

1. Having the correct documents on file to support the claim.
2. Have followed all possible avenues re ADR.

As in the Mitchell case failure to have followed all process then the award of costs was significantly reduced. Surely we can use this to our advantage in some way? Or has this already been covered and I am simply repeating old thoughts?

[FlamingParrot]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

What I am thinking is that an added defence is surely that if they state on a POC tha they have followed pre-action protocol then that should surely include;

1. Having the correct documents on file to support the claim.
2. Have followed all possible avenues re ADR.

As in the Mitchell case failure to have followed all process then the award of costs was significantly reduced. Surely we can use this to our advantage in some way? Or has this already been covered and I am simply repeating old thoughts?

As this claim is just over £7k, it's likely to be allocated to small claims, where costs are not usually awarded (there are exceptions, of course).

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello, please can some one point me to a suitable thread that gives me my next step. I have sent CCA & CPR on 13/05/2014. I have not had a reply and it is now 21st (8 days is that enough time?)

The original claim form was dated 01st May 14 so I am worried that I must get my defence in asap?

Any help would be fantastic - I will continue reading other threads, thank you...