MKDP v beebop - CPR 31.14 response-help needed please

[beebop]

Hi

Firstly I would just like to say thank you for the info on this site and the help I have had so far just from searching around on here. New to forums so please bear with me...

11 July 2014 county court claim form issued
17 July 2014 received

POC
the claimant claims the sum of 2,521.03 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBC Bank plc.
the defendants account number was .............. And was assigned to the claimant on 20/12/13, 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 has complied, as far as is necessary, with the pre-action conduct practice direction.

21/7/14 acknowledgement of service (can't remember exact date and can't find email at present)
24 July CCA and CPR 31.14 delivered by hand (delay due to my shifts and initial panic and acceptance of having to pay
2 August 2014 response to CPR 31.14 request...dated 30 july... Contents of letter as follows:-

We write with reference to your recent request to inspect the documents referred to in our statement of case under CPR31.14.
Unfortunately at this time we are unable to fulfil your request and as such we will need to liaise with the original lender to request appropriate documents. We will forward these to you upon receipt but this may take up to 8 weeks.
however, we draw your attention to the fact that this claim is for a balance less than £10,000 and the normal track will be the small claims track which is governed by the Rules and Practice Directions of CPR27. This means that Part 31 of the Rules is not applicable to your claim pursuant to CPR27.2(1)(b) and CPR 31.1(2). It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assists in reaching settlement. It is also worth noting that we are required to file and serve on you and the Court copies of all documents upon which we intent to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim and in compliance with CPR27.4.
Please note that now that a claim has been issued it is your responsibility to file a response and we may enter judgement if an Acknowledgement of Service or Defence is not filed at the appropriate time. For the avoidance of doubt it is our contention that you are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents.
Yours sincerely

legal department
MKDP LLP


I am am really unsure of what to do now. This debt no longer shows on my credit report I think original default was 2007 when I split from my ex and can't remember when I last made a payment although I believe it was within last 6 years so not statute barred as I understand.

Any help would be gratefully received please as I think I am running out of time

thank you in advance

beebop

[Amethyst]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Evening Beebop Welcome to Beagles.

Just having a read of your post xxx

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Hi amethyst

thank you xx

[Amethyst]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Okay you've done all the right things

Your Defence needs to go in
Wednesday, August 13, 2014

so time wise you're okay.

The letter you have received in response to the CPR 31.14 request is quite standard so nothing to worry over. This is a nice new line though '' It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assists in reaching settlement. '' .... so if that is the case why don't they have them in hand ready to send to you and having to apply for them from the original creditor taking 8 weeks?? lol.

I think we can reply to that letter (we'll work on that tmw tho) and ask for an agreement to an extension of 28 days to your defence date to give them time to get the docs and you to file properly pleaded defence.

Do you know if this is a loan or credit card or overdraft ? and can you give us a bit of background on the debt?

What's your personal circumstances - ie do you own a property? have a job that is reliant on not having a CCJ ? etc.

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Ah thank you for your reply amethyst, feel a bit better now.

the debt is from a credit card I think ... that I think I originally had from about 2003/4 until 2007 when I defaulted on following split from ex. Had a loan at the same time and got myself in a mess financially. Think the debt has been to a few DCAs over the years. Was making payments a few years ago but then was back at uni retraining and couldn't afford payments. I don't own my house, single parent no child maintenance received, council house but working, although a CCJ wouldn't affect my job I don't think, it is a professional career and an attachment of earnings would be something I would like to avoid. If I end up paying the debt fair enough as was my debt in first place but I want to be sure it is pursuable (if that's a word!)

Thanks again for taking the time to help

[FlamingParrot]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Ah thank you for your reply amethyst, feel a bit better now.

the debt is from a credit card that I think I originally had from about 2003/4 until 2007 when I defaulted on following split from ex. Had a loan at the same time and got myself in a mess financially. Think the debt has been to a few DCAs over the years. Was making payments a few years ago but then was back at uni retraining and couldn't afford payments. I don't own my house, single parent no child maintenance received, council house but working, although a CCJ wouldn't affect my job I don't think, it is a professional career and an attachment of earnings would be something I would like to avoid. If I end up paying the debt fair enough as was my debt in first place but I want to be sure it is pursuable (if that's a word!)

If you don't own property they can't obtain a charging order. :grin:

An attachment of earnings is not automatically awarded along with a CCJ, the creditor has to apply to the court for one and this is usually only done when people are not making payments towards their CCJs. *If* it came to that, it could be easily avoided by submitting an I&E form to the court along with a monthly repayment offer you can afford in the long term. If the claim can't be successfully defended, you could avoid a CCJ with a Tomlin Order, which would do pretty much the same thing, i.e. you'd make repayments every month and the case would be stayed as long as you stick to the terms of the order, no CCJ would be on record in this case. :thumb:

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Hi flaming parrot,

thanks for for that info definitely good to know!

:grin:

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Evening guys,

I just wondered if anybody had a bit of time helping me with a response to the above letter please? Don't even know where to begin :/

[Amethyst]

Re: MKDP v beebop - CPR 31.14 response-help needed please

You don't NEED to reply. But may as well.




Dear MKDP

Thank you for your response to my request to inspect documents on which you intend to rely in this case as mentioned in your statement of case.

With regards to your assertion that ''Part 31 of the Rules is not applicable to your claim pursuant to CPR27.2(1)(b) and CPR 31.1(2)'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

I would expect you would have had sight of the documents it was intending to rely upon prior to bringing a County Court claim against me and I find it somewhat concerning that the claim appears to have been brought without any form of evidence, and not expecting to hold any documents relating to the case within the next 8 weeks. I have held many products with HSBC over the years and although I have checked my records I cannot be certain as to which product this claim applies, therefore I am at a distinct disadvantage in this case.

You will be aware I have also sent a formal request for a copy of the agreement which you state the claim is based upon. I have requested this as I am entitled under sections 77-79 of the Consumer Credit Act 1974 and I believe this may be a loan or credit card rather than any overdraft on a HSBC Banking account.

I am unable to lodge a fully pleaded defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. CPR 15.5 allows parties to agree an extension of up to 28 days to the date for filing a defence and I suggest this is a reasonable request to allow you time to supply me with copies of documents requested and for my defence to be drafted and filed.

I look forward to hearing from you as soon as possible with confirmation of your agreement to an extension.

Kind regards

BeeBop

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Morning amethyst and thank you so much for your response. That is great and will get that sent off today.
Should I telephone them after to see what they are going to do? And if they don't respond what happens then?

[Amethyst]

Re: MKDP v beebop - CPR 31.14 response-help needed please

I'd start putting the defence together regardless, it is unlikely they'll reply and agree to the extension so may as well be prepared and ready to submit.


Your Defence needs to go in
Wednesday, August 13, 2014

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

How do I know what to put in my defence... is it that they have not supplied documents?

[beebop]

Re: MKDP v beebop - CPR 31.14 response-help needed please

Hello all,

So this is my defense - I
1. The Claimants statement of case fails to adequately set out the
nature of the claim.
2. 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.
3. Had the claim not been issued through CCBC the Claimant would
have been obliged to attach copies of the documentation upon which
it 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.
4.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 proved the allegation
that the money is owed as claimed.
5. On 24 July 2014 the Defendant hand delivered to the Claimant a
letter requesting inspection of documents disclosed in its
statement of case under CPR 31.14 - being the agreeement,
assignment and default notice.
6. On 24 July 2014 the Defendant also hand delivered a letter to
the Claimant pursuant to S78(1) Consumer Credit Act 1974 to
ascertain that agreement, which the Claimant was demanding payment
under and to obtain further information about the terms of the
contract.
7. The Particulars of Claim state that the account was assigned to
the Claimant on 20/12/2013. The Defendant has not received any
notification of this assignment.
8. The Claimant is required to prove that a compliant Default
Notice pursuant to S87 Consumer Credit Act 1974 was served upon
the Defendant.
9. The Claimant has failed to disclose any documents relating to
their claim to the Defendant and has admitted in their letter to
the Defendant dated 30 July 2014 that they do not have these
documents and will need to liaise with the original lender to
request the appropriate documents but this may take up to 8 weeks.
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.
10. The Claimant has also failed to comply with a reasonable
request for inspection of documents made under CPR 31.14. The
Defendant requested an extension of time from the Claimant under CPR 15.5 but has
not received a response or any agreement to an extension.
11. 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 agreeement.
12. Should the Claimant evidence their claim properly the Defendant
reserves the right to plead further.
13. The claim that the Claimant is entitled to payment of
£xxxx, or any other sum, or relief of any kind, is denied.

Does anyone think I should add anything further?
What happens next - do I need to do anything else? Or is it a case I await a court date now?

All this makes me worry!

Beebop

[beebop]

Re: MKDP v beebop - Allocation to small claims

Hi everyone

so I have received a notice of allocation to small claims court and a directions questionnaire and about mediation. Do I just submit and disagree to mediation as I haven't received any documentation from mkdp? Or is the documentation something that gets brought to mediation??

bit stumped!

beebop

[Amethyst]

Re: MKDP v beebop - Allocation to small claims

Indeed, put the reason for not agreeing to mediation that the claimant hasn't produced any documents or evidence of the debt.

Sorry for missing your defence post before - it looks really good xx