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Hello,
I hope someone can help, I had a credit card with Barclaycard (pre-2007).
this was sold to MKDP some time ago. I am confident they have none of the required paperwork, and multiple CCA requests have been made and ignored.
In March this year, they issued a county court claim against me (POC below) I followed all the correct procedures and time limits, I filed my AOS, sent a CPR 31..14 request (via signed for delivery). and submitted a defence.
My CPR 31.14 request asked for the agreement and documents their claim relies on, as well as the assignment notice, default notice, and so on. My defence did not admit or deny the claim and put them to strict proof to all the points raised (as per CPR 16.5.4), as well as various other points of law raised.
They completely ignored my CPR 31.14 request and 7 day time limit, and they made no contact for three months. Then they were sent an allocation questionnaire, and have now filled it in. What do I do? it seems they can just ignore the CPR 31.14 request, and time limits, and carry on 3 months later? even though they have not provided any evidence or information to support their claim at all?.
I thought after not complying with the CPR 31.14 request, and with no communication for 3 months, the case would lapse, or they would at least have to explain why they ignored the request?.
What should I do now? how can I hold them to account for abusing the system like this, they should never have bought a case without the required documentation, now they have ignored the CPR request and are just carrying on?. Do I have any option now, or do I just have to fill in the AQ and wait for a court date?.
Seems they are just trying it on and making it as drawn out as possible,
See documents below,
Thanks.
Their POC:
""The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendant's account number was ************ and was assigned to the claimant on **/**/2013, notice of this has been provided to the 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 ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction."
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I hope someone can help, I had a credit card with Barclaycard (pre-2007).
this was sold to MKDP some time ago. I am confident they have none of the required paperwork, and multiple CCA requests have been made and ignored.
In March this year, they issued a county court claim against me (POC below) I followed all the correct procedures and time limits, I filed my AOS, sent a CPR 31..14 request (via signed for delivery). and submitted a defence.
My CPR 31.14 request asked for the agreement and documents their claim relies on, as well as the assignment notice, default notice, and so on. My defence did not admit or deny the claim and put them to strict proof to all the points raised (as per CPR 16.5.4), as well as various other points of law raised.
They completely ignored my CPR 31.14 request and 7 day time limit, and they made no contact for three months. Then they were sent an allocation questionnaire, and have now filled it in. What do I do? it seems they can just ignore the CPR 31.14 request, and time limits, and carry on 3 months later? even though they have not provided any evidence or information to support their claim at all?.
I thought after not complying with the CPR 31.14 request, and with no communication for 3 months, the case would lapse, or they would at least have to explain why they ignored the request?.
What should I do now? how can I hold them to account for abusing the system like this, they should never have bought a case without the required documentation, now they have ignored the CPR request and are just carrying on?. Do I have any option now, or do I just have to fill in the AQ and wait for a court date?.
Seems they are just trying it on and making it as drawn out as possible,
See documents below,
Thanks.
Their POC:
""The claimant claims the sum of ***** being monies due from the Defendant to the claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendant's account number was ************ and was assigned to the claimant on **/**/2013, notice of this has been provided to the 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 ***** and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction."[IMG]
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