confused by small track claim forms

[Marathon]

Hello,

Could you please help?

I received a claim form from Northampton CC( see attached) MKDP LLP acting for barclaycard, claiming £3022.00.

This debt has been sold several times, I've never communicated with the DCAs ,

Sent back a letter ( see attached) asking for a copy of the original agreement and a copy of a certified deed of assignment.

Then received notice of proposed allocation to small claims track from Northampton CC.

I responded ticking yes mediation and yes to agree it was suitable for small claims track.

Next day I received an identical form from MKDP, ( see attached)

However they have ticked no to agreeing it suitable for the small claims track.

What shall I do?

They have not responded to my letter.

I wish to contest the claim against me, will I have to attend court? - if so do I just repeat what I have asked for in my letter?

Thank you.

[Marathon]

Re: confused by small track claim forms

Hi, any views on this?

Have court hearing tomorrow.

Thanks.

[Marathon]

Re: confused by small track claim forms

Hello Marathon,
Can you point me to (or post copies) to the documents that you think have been altered/redacted, maybe useful!

nem.

Hi, thanks for replying.

I have attached two documents.

The first is a copy of the Barclaycard app ..note the year on the date of signature appears to have been removed.

The second is a supposed copy of the assignment of the debt from Barclyays to MKDP. There is no letterhead, no contact details or printed name of the sender, nor a clearly legible sigmnature. The type face and lay -out is also very similar to MKDPs other correspondence. I have no method of authrnicating this document and it cast suspicion on MKDPs legitimancy to claim they are rightful owners of the debt.

[nemesis45]

Re: confused by small track claim forms

Hello Marathon,
Can you point me to (or post copies) to the documents that you think have been altered/redacted, maybe useful!

nem.

[Marathon]

Re: confused by small track claim forms

Have you been on ''get out of debt free'' ? bloody perjury grrr. Anyway, ignore that, to get to allocation/directions N180, you must have entered a defence to the court so could you please post that up in full. If you're not sure have a look on MoneyClaimOnline and you should still be able to see what you entered on there.

Did you send a formal CCA request with £1 at any point ? or just that letter?

Hi, could you somebody else have a look at my last post please? - The court case is next WEEK. I also have some further questions regarding the authenticity of the evidence MKDP to submit, and it also appears that some of the dcocuments have had dates altered or removed.

[Marathon]

Re: confused by small track claim forms

Hi, a bit of advice please regarding the above..I have a court hearing on the 23rd of April. I have requested all the correspondence from MKDP. I have attached a copy of MKDPs witness statement. There exhibit is a "reconstituted" copy of the credit agreement. There is also a photocopy of my Barclaycard application form - with my signature on it. Is it worth me defending this? - also noted that I have ticked the PPI box, can I persue this ?

Many thanks

[nemesis45]

Re: confused by small track claim forms

A reconstituted agreement May satisfy the CCA request but if one is produced it will fall to the judge to decide enforceability.
English Civil Law is based on the balance of probabilities so this is what the judge will ponder upon.
nem

[Marathon]

Re: confused by small track claim forms

That' what the directions are about in 7 & 8 to see what docs are to be produced.

You have to send any documents that you intend to rely on 1 copy to the court, 1 copy to claimant 1 copy for you.
The claimant via his solicitor must do exactly same with all the documents they intend to rely upon so you should/ must receive by the date ordered by the judge.
There id guidance there for you witness statement as well which is a statement of what has happened.
Follow the guidance and/or take a look round some threads with witness statement and make a draft and post here there will be loads of advice for you here.

Thank you..will do.

Is it likely they will attempt to "reconstitute" the claim, and by which process will this be pursued?

[nemesis45]

Re: confused by small track claim forms

That' what the directions are about in 7 & 8 to see what docs are to be produced.

You have to send any documents that you intend to rely on 1 copy to the court, 1 copy to claimant 1 copy for you.
The claimant via his solicitor must do exactly same with all the documents they intend to rely upon so you should/ must receive by the date ordered by the judge.
There id guidance there for you witness statement as well which is a statement of what has happened.
Follow the guidance and/or take a look round some threads with witness statement and make a draft and post here there will be loads of advice for you here.

[Marathon]

Re: confused by small track claim forms

As long as the agreement cannot be found or a compliant "reconstituted" cannot be provided the debt is unenforceable.
nem

Ok , thank you.

I need a little guidance on what to include in my letter as per directions 6 -10 ( page 2 of 3) .

Am I correct in assuming that LLP will not be able to comply with directions 7 and 8 ? ( They have not provided a copy of the original agreement as yet)

[nemesis45]

Re: confused by small track claim forms

As long as the agreement cannot be found or a compliant "reconstituted" cannot be provided the debt is unenforceable.
nem

[Marathon]

Re: confused by small track claim forms

What you have to do (the Judges Directions) is laid out for you on page 2 (of3) and page 3 (of 3)
You must comply as directed and within the time limit set by the judge in this order.

nem

So If the other party MKDP LL can't produce the original credit agreement , as per my previous requests, can it be enforced?

[nemesis45]

Re: confused by small track claim forms

What you have to do (the Judges Directions) is laid out for you on page 2 (of3) and page 3 (of 3)
You must comply as directed and within the time limit set by the judge in this order.

nem

[Marathon]

Re: confused by small track claim forms

Hi @Marathon - I've given some of the Beagles a shout for you ... don't worry, I'm sure you'll get a reply soon

K x

Hi, any chance somebody could have a look at the letter I have received from Wandsworth Court, regarding the previous information I have posted?

Many thanks for your help

[Marathon]

Re: confused by small track claim forms

copy a reply from Wandsworth County Court -advise on how to reply please.


Thanks for all your help.