Claim Form received claimant MKDP LLP

[Ridgeback]

Hi

I've only just joined the forum but have found a lot of very useful advice already. I'm trying to sort out a claim on behalf of my wife who is having something of a meltdown over a claim being made by MKDP which I hope you can help me with. Before getting to the real question just a little background;

1988 Barclays Credit card originally taken out.
1991 Change of name to married surname.
2003 Change of address recorded with Barclaycard, same landline number (moved within same area code so took it with us :-)
2009 May, last statement and last written contact of any kind from Barclaycard approximately double minimum payment made.
No statement arrived July, called Barclays customer services July as no statement had arrived, told it would be sorted out.
2009 Aug / Sept paid 3 instalments, again each covering approximately double the minimum payment, still no statement. Stopped using card at all
2009 Early Oct called customer services who again said they would sort it out. Decided to await some form of communication from them.
2010 April, as no communication from BC decided to call them again as worried that the payments that had been made were perhaps not being credited to her account and told yet again that that it would be sorted out and she should continue paying and would receive statements going forwards.
2010 April / May / June again paid instalments of approximately same size as previous year but no idea what the interest and debt might be as no communication whatsoever!
2010 July having not received anything for a whole year after notifying BC decided not to pay anything as no idea if it was even being credited to her account, customer services again saying that it was a system glitch and would be sorted out.

2013 July received a letter from MK Rapid Recoveries, saying they were writing again, as she had ignored the first letter from them which she had NOT received. From then on lots of threatening letters and phone calls from their various different company names (Raven Recoveries, Keynes Collections, etc.) refusing to give any information about who they were why this was happening etc. Just demanding immediate payment of £5,954.19
2013 Sept - Gained name of BC CEO from ceoemail (Ms Valerie Soranno-Keating) and wrote to her explaining the situation and our predicament, also stating that they were in breach of contract. Again no answer to date.
2013 December last letter from the MK mafia, this time from Raven Recoveries.

2014 Claim form issued by County Court Business Centre, dated 29th August saying that MKDP LLP have applied for £5954.19 + £410 court costs. It states that the account was assigned to them on in 2011 and notice of this has been supplied to the defendant. Which is simply a bare faced lie!

Looking at the advice from Amethyst "Basic first Steps to take on receipt of a Consumer Credit Court Claim" after acknowledging the claim, we should send A CCA request to the CLAIMANT and a CPR request to the CLAIMANT'S SOLICITORS. However I'm not sure here if they are one and the same? Should the CPR go to MK Rapid Recoveries (the first of the MK group to contact us) and the CPR go to MKDP LLP or .... ???

Sorry just a little confused and don't want to give them any excuses that we sent the wrong thing to the wrong part of their organisation, thanks in advance

[Amethyst]

Re: Claim Form received claimant MKDP LLP

The claimant and the claimants solicitors are those written in the relevant sections of the claim form, if MKDP are the claimant and the sols box is empty or the same details entered then both CPR and CCA should go to MKDP.


You should also send a full subject access request under the data protection act to Barclaycard for everything they hold on you and relating to this account, including agreements, screennotes, telephone records, full transaction lists and find out whats been actually going on with the account since 2009.

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

Firstly many thanks for such a fantastically quick reply

Yes it's the same details in the "Claimant" and the "Address for sending documents and payments"

Sorry to be a pain but do you know of, or can you point me to, instructions and/or a form letter I could use for the "full subject access request" you mentioned?

I found the DPA address for them elsewhere on the forum as
DATA PROTECTION TEAM
DEPARTMENT LRC
BARCLAYCARD
NORTHAMPTON
NN4 7SG

But I can't seem to find a standard form letter :-(

Thanks & regards

[Amethyst]

Re: Claim Form received claimant MKDP LLP

There's an example and basic info http://www.legalbeagles.info/forums/...Protection-Act-) and an in depth example http://www.legalbeagles.info/forums/...=1813#post1813 which should give you a decent basis to work from.

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

Thank you soooo much, not sure how I managed to miss the first one, Doh!
Getting postal order etc sorted out today
thanks again

[Amethyst]

Re: Claim Form received claimant MKDP LLP

Have you acknowledged the claim?

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

Not yet, I was going to look to do it electronically tonight when I get back from work, I believe I have until the end of this week at least to do so? Or are you suggesting maybe I shouldn't yet?

Sorry one last question for now, should I send back response to court via postal service as well as enter electronically?

Thanks again

[Amethyst]

Re: Claim Form received claimant MKDP LLP

Nop was checking that you had done it.... so yes, do it online tonight No need to do it by post as well unless you really want to cover all bases.

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

Hi there

Panicking a little bit here and hoping you can help. My fault but I suddenly realise that having got a letter back from MKDP saying that it would take 8 weeks for them to get the information requested (please see OCR'd text below) they would not have told the court anything about it and the last possible day for me to file a defence is today by my reckoning. What should I do, how do I tell the court ?

We write with reference to your recent request to inspect the documents referred to
in our statement of case under CPR 31.14.
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 the 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
£10,000.00 and the normal track will be the small claims track which is governed by
the Rules and Practice Directions of CPR 27. This means that Part 31 of the Rules is
not applicable to your claim pursuant to CPR 27.2(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 intend 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 CPR 27.4.
Please note that now that a claim has been issued it is your responsibility to file a
response and we may enter judgment if an Acknowledgment 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.

Thanks in advance

[Kafka]

Re: Claim Form received claimant MKDP LLP

When did you send the CCA and CPR requests?

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

10th September, there reply dated the 16th

[Amethyst]

Re: Claim Form received claimant MKDP LLP

Yep you need to get defence in. Claim dated 29th August so have a quick look on moneyclaimonline and see if you can still put your defence in thatway. I'll get you a starting basis to work from.

[Amethyst]

Re: Claim Form received claimant MKDP LLP

Here - if you draft it and chuck me a PM I'll check it over for you. http://www.legalbeagles.info/forums/...668#post459668

Submitting via MCOL you won't need the layouty bits just the numbered paragraphs.

[Ridgeback]

Re: Claim Form received claimant MKDP LLP

Hi Thanks working on it now, I have been told by a court advisor that I have to get this in by email to ccbcDefendants@hmcts.gsi.gov.uk by latest 4pm today

[Amethyst]

Re: Claim Form received claimant MKDP LLP

Oops, good job you realised it was due in today ! I'll keep an eye on your thread.