MKDP Barclaycard - Claim form received

[oldbloke1]

Hello all.
I received a claimform from MKDP in the past week.

I have acknowledged the claim via the website MCOL

I have completed the following information and i wonder whether anyone can help me with my dilemma - Do I acknowledge and ask for time to pay and hope no judgement is entered. OR do i fight this based on the below information. ?????

A judgement will undoubtedly cause loss of employment as i am in the financial industry and this is a big NO NO. at the time i defaulted i obviuosly wasnt in Banking :-(


I have sent a CPR 31:14 to them.

I have been talking to MKDP via recorded letters for a few months and have already asked them for a copy of the original CCA

They sent me a copy of a signed by me "SkyCard Application Form" but this has all the usual statements you expect to see on an agreement form. T&C's etc and also the words " this is an agreement under the CCA only sign if you wish to be bound by its terms" However it is titled "Skycard Application"

So I dont know whether this is correct I will scan and remove details if anyone here thinks this will help.

I have also asked them for a statement of account which they say they have sent to me but i have not received.

I made the last direct payment in May 2008 but i entered into a payplan agreement after that and i believe they paid a reduced amount up to May 2009

In my last communication to them I sent a second request for a statement of account but the Next Item from them after a 6 month delay was the claim form.


Claimant - MKDP LLP

Date of Issue - 24 Jul 2014

The Claim - is for unpaid credit card account monies 11,890;87 being monies due from the defendant to the claimant under a regulated agreement originally between defendant and Barclaycard.Account was assigned to claimant on 15/12/2011, notice has been provided to defendant. Defendant failed to make payments etc etc

Value of the claim £12,300.87

The claim is for Credit Card Debt and I cannot confirm whether interest or other charges have been added as not statement of account has been supplied.

I entered into the original agreement , according to the application form they sent me on the 20 June 2006

The claim is issued by the DCA MKDP not Barclaycard

I was not aware the account had been assigned to MKDP and I did not recieved a default notice from the original creditor as I had moved abroad and no longer resided at the address they held on file. The account mangement broke down in May 2008 when I moved yet Barclaycard did not place a default notice on my credit file for over 18 months IE January 2010.

I have not received statutory default reminders annually as i had moved from that address

I ceased payments as I was not able to afford them due to various personal money disasters that started in 2008

There was no dispute with the original creditor that remains unresolved. I just couldn't afford the payments

I entered into an arrangement with PayPlan who it appear may have been paying Barclaycard up to 2009. Albeit a fraction of what was needed per month.


I Have told MCOL that i intend to dispute the claim but i dont know whether i can. I hate the fact that there has been a default on my file for 4 years and now it looks like a CCJ for another 6 !!!

What are the odds on MKDP canceling this and settling for a fair offer ?

If I acknowledge and ask for time to pay and then pay over what would be the minimum for my salary would I neccessarily get a CCJ?

Any help or advice would be helpful……….. PLEASE

Thanks

Old Bloke

[PAWS]

Re: MKDP Barclaycard - Claim form received

Hello Old bloke:yo:
One of the clever legal beagles will be along soon to giveyou some sound advice. In the meantime do try not to worry.

[oldbloke1]

Re: MKDP Barclaycard - Claim form received

thanks Paws. I am onthe meter on this and into the 14 days.

[Amethyst]

Re: MKDP Barclaycard - Claim form received

So long as you have acknowledged the claim via MCOl as intend to defend in full you will be fine time wise - this gives you 33 days from the date of issue printed on the claim form ( 28 days from service ) to sort out whether to defend/admit or make any application.

Reading rest of post

[Amethyst]

Re: MKDP Barclaycard - Claim form received

So you have sent a CPR 31.14 request since receiving the claim. Good.

The claim is £12k so over the limit for small claims, and will be in fast track, which means compliance and application for compliance is a good way around things. What did you ask for in your CPR 31.14 request ?

You sent a CCA before the claim (so have been communicating with them pre action) and they sent you a copy of your CCA - a Skycard (run by Barclaycard) - about 6 months ago.

Yes a copy of the CCA uploaded with your details redacted would be helpful (oir if you've already uploaded it on CAG a link would do fine)

You're not Stat Barred as you were paying through Payplan, and in any event didn't stop normal payments till mid 2008.

Do you own your own home?

[oldbloke1]

Re: MKDP Barclaycard - Claim form received

Amethyst.

I will upload a copy of the form they sent me. They claim to have sent me a copy statement of acount but I have not received one so cannot confirm payments to this account. I moved abroad in 2008 and stayed there for 4 years. During that time I had no UK bank facilities.

I do not own property in the UK. I have a car on HP valued around 3K (High Interest rate due to defaults on my CRA file). No other material assets but do have a fairly good salary.

Oldbloke

[oldbloke1]

Re: MKDP Barclaycard - Claim form received

Scan

[Amethyst]

Re: MKDP Barclaycard - Claim form received

Okay that is quite comprehensive although it does point you to read condition 1 and 1.2 so there is a sheet with terms and conditions missing.