MKDP Barclaycard county court summons advice needed

[Dodgeyman]

On the 05/05/14 I received a county court claim form dated 01/05/14 from MKDP LLP relating to a Barclaycard I previously had. I acknowledged the form on the 13/05/14 and then on the 14/05/14 I send a request for s.78 and CPR 31.14 recorded delivery which was received at Milton Keynes on the 15/05/14. How long should I wait for a response before chasing up my requests? I am a previous client of Kate Briscoe who has represented me in a bankruptcy case against Lowell portfolios which I'm glad to say she won.

[FlamingParrot]

Re: MKDP Barclaycard county court summons advice needed

On the 05/05/14 I received a county court claim form dated 01/05/14 from MKDP LLP relating to a Barclaycard I previously had. I acknowledged the form on the 13/05/14 and then on the 14/05/14 I send a request for s.78 and CPR 31.14 recorded delivery which was received at Milton Keynes on the 15/05/14. How long should I wait for a response before chasing up my requests?

First of all, you shouldn't chase the s.78 (CCA request), just the CPR request. They should reply to the CCA request in 14 days but most don't, this fact can be used in your defence. :thumb:

You'll need the docs requested on your CPR letter to prepare your defence, and these should be supplied in 7 days, as the claimant is supposed to have the docs before issuing a claim. :flypig::flypig::flypig:

I'd say you can start chasing these tomorrow, ask them to agree to a 28 day extension to file your defence, as allowed by CPR 15.5. Mention that, as you are a LIP, you'll need more time to prepare it once you receive the documents. You can do this by phone or email but keep a log of every communication and their responses, in case you need to submit an unless order.

I am a previous client of Kate Briscoe who has represented me in a bankruptcy case against Lowell portfolios which I'm glad to say she won.

I wonder how many times she's beaten Lowell...

Welcome to the forum by the way

[Celestine]

Re: MKDP Barclaycard county court summons advice needed

Hi DM :high5:

Having given MKDP 7 days, I'd telephone them tomorrow to enquire as to whether they can comply. Likely they will say, No, so the next conversation is to request an month further extension to file the defence. They will wriggle, but be firm. CPR Rule 15.5 is what you'll need to quote regarding this extension. You must follow up this agreement in writing, then notify the court that the defence file date will be XX date.
They may try and tell you that the CPR31.14 doesn't apply as it is a small claim track case (<10k), however the claim has not yet been 'tracked' so rebuff that point. Indeed I'd even be tempted to say that as its a complex CCA dispute, you may request it goes into the fast track. That will wipe the smile off their faces. Currently the deadline is around June 2nd, so you need to negotiate to extend till 30th June (ish)
Until the s.78 is complied with, they cannot enforce the debt, so it is no skin off their noses.

Do you recall when you last made payment to this card? I know the card was started before 2007, but last payment is important to calculate in case you can consider Limitation as a defence.

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

I'm waiting for the post , if it doesn't arrive by midday I'll give them a call. I'm not sure when the last payment was made it was either 2008 or 2009 I'm trying to find my paperwork. If I put in a defence of statute barred is the onus on me to prove the debt is statute barred or for MKDP to prove it's not?

[FlamingParrot]

Re: MKDP Barclaycard county court summons advice needed

I'm waiting for the post , if it doesn't arrive by midday I'll give them a call. I'm not sure when the last payment was made it was either 2008 or 2009 I'm trying to find my paperwork. If I put in a defence of statute barred is the onus on me to prove the debt is statute barred or for MKDP to prove it's not?

The onus is on the claimant to prove it. The problem I can see with that approach is that, if they manage to prove that it isn't, you'd be left without a defence.

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

I called MKDP yesterday, the person who answered the phone told me he would get the account manager to call me back that was about 2pm, I told him my request for CPR 31.14 has not been complied with as they signed for my request 7 days ago. I didn't get a call back. I was quite nervous so forgot to get an email address to send a follow up email. I will call again today and be a bit more forceful and hopefully remember to get an email address to send a follow up email.

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

I called MKDP on the 23/05/14 which is 8 days after they signed for my CPR31.14 request. The person I spoke to said the request does not apply because it is under 10k. I took Celestines advice and told him it does because is not yet tracked, he seemed a surprised at this and put me on hold for about 2 minutes and came back to me and said I can file my defence without the requested documents and they only have to produce the documents 14 days before a hearing. I questioned him on if any one in his office had seen these documents prior to the summons being issued, he tried to dodge the question eventually after the third time I asked him he finally admitted no one had seen the documents and they have requested from Barclaycard and would take about 4/6 weeks to arrive. I asked for an extension for my defence until 30/06/14 but he would not agree. I have got an extension until 13/06/14. Should I email them confirming they have given me an extension until 13/06/14 and should I also write anything in he email about the fact they served the summons on me without seeing the relevant documents. When should I notify the court about the extension sate and how often should be phoning or emailing MKDP? Any help would be appreciated

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

This is an email I sent today

Dear Sir,




Re: MKDP LLP V MR XXXXXX




CPR 31.14 / CPR 15.5




On 5th May 2014 I received the Claim Form in this case issued by you out of the Northampton County Court.




I confirmed to you having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.




On the 14th May 2014 I sent a request made under CPR31.14 for the disclosure of documents mention in your particulars of claim.




The documents mentioned in your Particulars of Claim:




1. The agreement and Terms and Conditions from that date. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.




2. Default Notice




3. Notice of Assignment




4. Notice of Formal Demand




Although these documents should have been in your possession and witnessed by you before issuing a claim, you have failed to comply with my CPR31.14 request. As such, and as the 7 days given to produce these documents has now elapsed, I have request an extension of 28 days under CPR 15.5 to allow time for you to source these documents, for me to then consider them and then submit my defence. You have given me an extension until 13th June 2014 and would like confirmation of the extension to notify the court.




Yours sincerely

[mystery1]

Re: MKDP Barclaycard county court summons advice needed

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

http://www.justice.gov.uk/courts/pro...pd_part07e#5.1

5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.



M1

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

I've sent the email now, I'll wait for a response from them and post their reply and see how to go forward. Do I need confirmation from MKDP they have given me an extension until, 13/06/14 before I notify the court?

[Celestine]

Re: MKDP Barclaycard county court summons advice needed

Ideally MKDP would confirm in writing, but the fact that you can evidence that you spoke, then emailed them to confirm will be sufficient.

Write to the Court and cc MKDP:

Dear Sirs

Claim Number XXXXX

We write to advise the Court that the Claimant and Defendant have agreed an extension of time for filing the Defence in accordance with CPR rule 15.5

The deadline for the Defence will now be 4pm on 13th June 2014.

Please ensure that no judgment requests are processed until after this date.




Regards

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

Just a quick update, I still haven't received anything back from MKDP confirming an extension, so I called the court today and was surprised to hear they have a 2 week backlog of mail and emails!!!!!! I explained I had sent in my request for an extension it wasn't on my file, so I emailed the court and the lady said she would put it on my file and no judgment should be entered against me. Should I now be chasing MKDP for my s.78 and CPR 31.14 requests. Thanks

[FlamingParrot]

Re: MKDP Barclaycard county court summons advice needed

Just a quick update, I still haven't received anything back from MKDP confirming an extension, so I called the court today and was surprised to hear they have a 2 week backlog of mail and emails!!!!!! I explained I had sent in my request for an extension it wasn't on my file, so I emailed the court and the lady said she would put it on my file and no judgment should be entered against me. Should I now be chasing MKDP for my s.78 and CPR 31.14 requests. Thanks

Just for the CPR request, NOT the s.78 CCA request, non compliance with that one can be used in your defence. :thumb:

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

Hi, this is an email I received from MKDP I'd like to give a reply ASAP because my extension for my defence is 13th June 2014. Any advice or guidance would be gratefully appreciated

Dear XX

MKDP LLP v XXXXXXX
Claim No: XXXXXXX
Claim Amount: £ XXXXXXX

We write with reference to your request for documents relating to the Claim above.

At this time we are unable to fulfil your request and will need to liaise with the original creditor for the appropriate documentation. This is because since your account was assigned to MKDP LLP on 19 December 2012 you have failed to respond to any of our previous letters or telephone calls and therefore the matter was not considered to be in dispute.

Once the relevant documents come into our possession we will forward these to you and on this basis we agree to extend the period for filing your defence by 28 days until 13th June 2014 pursuant to CPR 15.5.

Yours sincerely

Legal Department
MKDP LLP

[Dodgeyman]

Re: MKDP Barclaycard county court summons advice needed

Hi, so I spoke to MKDP and got them to agree an extension till 30/06/14. Since then I have received a copy of my original credit card agreement. The agreement is clear and readable except for the small print where I have signed and the heading is Credit Card Agreement regulated by the Consumer Credit Act 1974. Is this acceptable also I have not received any documentation for my CPR 31.14 request. With my extension running out on the 30/06/14 what action should I be taking now?.