MKDP LLP pursuing an MBNA Business Credit Card debt

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello, Please can someone give me a pointer regarding the following;

MKDP have given verbal confirmation that they will not take the case any further (recorded call both ends) however they will not send an email confirming an extension as I will not confirm data protection.Bbasically as the claim has been issued incorrectly in the old business name. I don't believe that they even hold the correct name for the account as they purchased the debt with it simply stated as the business name. So I am loathed to help them out. They said its up to me to give the court the correct name & details.

Should I go for the N244 unless order? As they have not confirmed that they will reply to the CPR request. They are obviously well past the deadline to provide it.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello if someone could give me a pointer that would be great

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

What data protection do they want to confirm?

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Hello, thanks for the reply, they want me to confirm name, dob, address history. It appears to me that they have nothing more than the name of the business - I'm not sure why I should help them out? Can I simply apply to the court for an "unless" order? again thanks for helping.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

I have checked MCOL and it states AOS sent as last correspondence no allocation to track or documents from MKDP. Should I try 'unless' order? Or something else? Slightly lost at what to do next?

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Possibly an application to strike based on ''MKDP have given verbal confirmation that they will not take the case any further'' ? I'll see if someone else can look in.

[Celestine]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

I think in this case an application would be best. A witness statement setting out the timeline of events with brief explanation for each, also a summary of why this claim is incorrect in regard to account name etc. -

Claim Received
CCA request made
CPR requests made
Communication verbal and written regarding 15.5 defence extension
etc

Exhibit all letters to witness statement.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Thank you both for such a prompt reply - I am grateful.

Sorry if this sounds stupid, I don't understand the "witness statement" is this simply something I submit to the court and claimant and it sits with the court or does it attach to some type of order? I have not yet submitted a defence as they have not responded to the CPR or CCA request?

Thank you.

[Celestine]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

When you make an N244 application to strike out their claim (which costs £155 btw) you attach to the N244 form a Witness Statement which sets out clearly the situation.

I would also prepare a basic defence in case the Judge does not allow the strike and rules that you defend instead. It is NOT an exact science, it is up to each individual Judge; which means we can't guarantee what will be the outcome.

[Amethyst]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

example WS and orders (for compliance with CPR 31.14) are here -> http://www.legalbeagles.info/forums/...order-at-court

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Again thanks I will work on this today - thank you.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Just one last thing - should I use my real name on the court papers or should I address myself as the business name that they have issued the claim against? Never give my name or will the court not look to kindly on this?

[Celestine]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Use your real name. Their claim is in error....not your identity!

By using your actual name, you will also rather neatly demonstrate the error of their claim. If you used the company name, you'd be validating their claim.

[eskimo1610]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

Just one last thing - should I use my real name on the court papers or should I address myself as the business name that they have issued the claim against? Never give my name or will the court not look to kindly on this?

Use their mistake to your advantage, mkdp didn't get my account number right so it was used against them with my defence and now strike out.

[newbie]

Re: MKDP LLP pursuing an MBNA Business Credit Card debt

1. IN THE NORTHAMPTON COUNTY COURT

Claim No. xx

BETWEEN:

MDKP LLP Claimant

- and –

Defendant

xx

_________________________________

ORDER
_________________________________

Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH,

UPON reading the Defendant’s Application Notice dated 18/06/2014.

And

Upon the court noting that the claimant has made a claim against a business name and failed to provide a name for any correspondance stating that they are not able to do so under the data protection act leaves the defendant with no ability to confirm or defend this case.


Requesting that the claim be struck out & the Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.

UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.

IT IS ORDERED THAT:

1: The Claimant shall by 4pm on 26^th June 2014 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14.

a) The Credit Agreement
b) The Default Notice
c) The assignment

2: If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.

3: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on 17^th July 2014. (21 days after compliance with para 1)

4: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.