MKDP vs Essex&London

[Essex&London]

This morning I received a claim form from the County Court Business Centre from MKDP LLP as the claimant.
Under the particulars of claim the amount of £9,332.20 is claimed plus costs. This relates to a Barclaycard debt.
I had a Barclaycard in the past and admit I didn't keep up the payments on the card and do owe some money. I am unsure of how much this was,
I have received no other communication from MKDP in the past that I can recall.
I know that I need to acknowledge the claim but I am confused as to what to do next - could someone please assist?

[Amethyst]

Re: MKDP vs Essex&London

Hi, Welcome to the forum, sorry it's under a bit of a stressful circumstance, xx

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Then could you type out the Particulars of Claim from the claim form, along with the Issue date on the claim.

Also do you have any idea when you last had any contact or made any payments regarding this debt ?

MKDP aren't the greatest at complying with document requests so we'll play it by ear, just keep the thread updated with any responses you get, and have a read of other MKDP threads across the forum.

Sharon

[FlamingParrot]

Re: MKDP vs Essex&London

This morning I received a claim form from the County Court Business Centre from MKDP LLP as the claimant.
Under the particulars of claim the amount of £9,332.20 is claimed plus costs. This relates to a Barclaycard debt.
I had a Barclaycard in the past and admit I didn't keep up the payments on the card and do owe some money. I am unsure of how much this was,

Any idea when you took out this card? Was it always a Barclaycard or something else to start with (Morgan Stanley, Egg, etc.)?

I have received no other communication from MKDP in the past that I can recall.

You didn't receive a notice of assignment? That would be a letter stating the debt has been assigned to MKDP.

[Essex&London]

Re: MKDP vs Essex&London

Thanks for your help so far - I completed all the steps above and haven't received any response from MKDP.
The claim was issued on the 10th July when do I have to file my defence? What are my next steps for filing my defence. I am unsure what to put as I don't have any documentation to refer to.
The card was always a Barclaycard and it was taken out in around 2006. Last payment was probably made to Barclaycard in 2010. I don't remember receiving a notice of assignment from MKDP.

[Amethyst]

Re: MKDP vs Essex&London

Around 10th August for entering your defence (it's 33 days from issue (or 28 days from service)).

As you haven't had any responses to your requests for information you could contact the claimants and ask them to agree an extension of 28 days with you for filing your defence, to give them chance to come up with the documents - you'd ask for this under CPR 1.5.5, they'd have to send you an email agreeing and you'd then confirm that an agreement has been made to the court. If they so no, then you put you've tried in your defence. We'll help you with the defence so don't worry xx


Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[Essex&London]

Re: MKDP vs Essex&London

Okay great, thanks again for all the help.
Do I just call them on the number on the claim form or is there a better/more efficient way to contact them?

[Essex&London]

Re: MKDP vs Essex&London

I have had an email exchange with them today asking for an extension which they have declined. They have acknowledged that I have requested the information and they need to get it from the original lender which could take 6-8 weeks. Another case of MKDP bringing action without having any documentation. I am in the same position as beepop then and need to submit a defence without have anything to refer to.
Can anyone help me put together a defence - I want the opportunity to amend once the documentation becomes available.

[Essex&London]

Re: MKDP vs Essex&London

I have a drafted a defence to submit - would someone be able to advise if I am missing anything or should I amend this below. As the 33 days since the claim was issued is up on Sunday should I submit this tomorrow? I have also attached the particulars of claim which is the only communication I have had with MKDP. Thanks so much for all the help this site provides.

1. The Claimants statement of case fails to adequately set out the nature of the Claim.
2. The particulars of claim state that the account was assigned to the Claimant on 19/04/2012. The Defendant has not received any notification of this assignment.
3. The Defendant received no communication from the Claimant until receipt of this claim and therefore it is denied that the Claimants have complied with the pre-action conduct rules.
4. The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.
5. On 30^th July 2014 the Defendant wrote to the Claimant requesting inspection of documents disclosed in its statement of case under CPR 31.14 - being the agreement, assignment and default notice.
6. Had the claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. The Defendant is entitled to see the documents on which the Claimant relies and which they will have to produce at trial. Inspection of disclosed documents at this stage will enable the Defendant to fully plead the case and further the Overriding Objective.
7. On 30^th July 2014 the Defendant also wrote to the Claimant pursuant to s78 (1) Consumer Credit Act 1974 to ascertain that the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
8. The Claimant has failed to disclose any documents relating to their claim to the Defendant and has admitted that they don’t have these documents and has requested them from the original lender which could take 6-8 weeks.
9. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
10. The Claimant have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.
11. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

[Amethyst]

Re: MKDP vs Essex&London

Good work

Para 8 maybe add in something like ' The defendant is surprised the claimant has bought the claim without having had sight of the documents on which he intends to rely in this case.'

Also add final para something like ' The claim that the Claimant's are entitled to payment of £xxxxx, or any other sum, or relief of any kind, is denied '

Only other comment is maybe re-order some of the para's 1,3,6,11,5,7,2,4,8,10,9,12, relief denied.

Are you going to put it in via MCOL or on paper? And yes, tmw is best for deadline of Sunday, but it won't be deadly to put it in on Monday.

[Essex&London]

Re: MKDP vs Essex&London

Many thanks I will make those changes and submit via MCOL tomorrow morning. Is it okay to do that or should I send by post?

[Amethyst]

Re: MKDP vs Essex&London

If it fits then MCOL is fine... I'm not sure how much space you get nowadays.

[Essex&London]

Re: MKDP vs Essex&London

So I submitted my defence and got a letter from the court saying they had received it and a copy was being served on the claimant.

Also I got a letter from MKDP saying they don't have the documents I requested and are liaising with the original creditor to get them. They said they will not make any applications or seek to enter Judgment until they get the documents - bit late for them as I had already submitted a defence.

This morning I received a letter from Barclays in response to my CCA request - I have attached the relevant part of the letter - this is all I have received - there wasn't anything enclosed. Do I ignore this and wait for the next step or reply to the letter telling them they didn't enclose anything. Is this them just playing for time as they don't have the agreement and need to send something within 12 days?

[Amethyst]

Re: MKDP vs Essex&London

I'd give the sender of the letter a call and tell them they have neglected to enclose anything with the letter. I think it will just be a c*ck up by barclaycard tbh. Did you ask Barclaycard directly for the CCA as well as MKDP ?

[Essex&London]

Re: MKDP vs Essex&London

Okay will do. The letter came from Barclays and I had sent the CCA request to MKDP as they are named as the claimant on the court papers.

[Amethyst]

Re: MKDP vs Essex&London

Cool, interesting the reply came from Barclays that's only why I asked xx