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I know little about court claims, but am posting on behalf of my Sister-in-Law who has received a claim as per the title. This is for a card where I'm told there have been no payments or acknowledgements for about 12 years, so should be SB.
The court form was torn up and put in the bin (I know!), but she did send a letter stating nothing had been paid towards this for around 12 years and so she believed it was no longer payable. It was when she got a further letter from MKDP that she phoned me. The letter was asking her to confirm she wanted it allocated to the small claims track. Sis-in-Law is semi illiterate, so said there was no number of a form or anything.
I came on here when she contacted me via mobile, and read a section I try to avoid (Courts). I went to the CPR's and read some of those that appeared relevant. I then suggested that she:
1. Sent a CCA request to MKDP. I supplied a letter which was sent up to Manchester as they'd had their phone cut off, so no internet.
2. Suggested she ticked the box refusing allocation to a track, as in one of the CPR's, I think 31.1????? I'd read if the claim was allocated they did not have to comply with a 31.14 request (so it WAS a form - I was / am unfamiliar with the form numbers, but was clearly the N180 having now seen one). She stated she'd defend the claim.
3. She send a 31.14 request using the template from here - refusing allocation I hoped would mean they had to comply with it.
4. She send MKDP a Statute Barred letter.
Fast forward to yesterday. Phone line back on, and a phone call stating she'd received a letter from MKDP stating:
1. They couldn't comply with her CCA request themselves and needed to go back to Barclaycard (hopefully not much hope of them finding it after 12 years).
2. This is vague, apologies, but from what I could make out, they were stating they did not have to comply with 31.14 as it was under £10K and would be allocated to the small claims track. Then, there was something about disclosure 14 days before the hearing which meant nothing to me. No mention of the SB letter which has been signed for.
That is where we are now. I said I suspected they did have to comply but were trying not to, quite possibly because they have nothing to rely on. Also that SB is an absolute defence so they should know they would lose in court, but were probably trying to continue with the motions in the hope of scaring them into making a repayment plan (Sis-in-Law wouldn't do this in any case!)
So the questions:
1. What do I advise them now?
2. Is there something they should have done I missed?
3. Without even supplying a reconstituted copy of the CCA, can they take them to court? If they have to go back to Barclaycard, surely they must get a time extension? MKDP have failed to provide a copy at all within the time frame of 12+2 days, so my understanding is that at this point in time the debt is unenforceable at law. Am I right?
My Sis-in-Law is photocopying the letter they've had on Monday and sending it to me, so I should have it by Tuesday. I'll post a copy up as soon as I have it.
Thanks in advance for any help. I now know why I try to avoid courts, bailiffs are so much nicer!
The court form was torn up and put in the bin (I know!), but she did send a letter stating nothing had been paid towards this for around 12 years and so she believed it was no longer payable. It was when she got a further letter from MKDP that she phoned me. The letter was asking her to confirm she wanted it allocated to the small claims track. Sis-in-Law is semi illiterate, so said there was no number of a form or anything.
I came on here when she contacted me via mobile, and read a section I try to avoid (Courts). I went to the CPR's and read some of those that appeared relevant. I then suggested that she:
1. Sent a CCA request to MKDP. I supplied a letter which was sent up to Manchester as they'd had their phone cut off, so no internet.
2. Suggested she ticked the box refusing allocation to a track, as in one of the CPR's, I think 31.1????? I'd read if the claim was allocated they did not have to comply with a 31.14 request (so it WAS a form - I was / am unfamiliar with the form numbers, but was clearly the N180 having now seen one). She stated she'd defend the claim.
3. She send a 31.14 request using the template from here - refusing allocation I hoped would mean they had to comply with it.
4. She send MKDP a Statute Barred letter.
Fast forward to yesterday. Phone line back on, and a phone call stating she'd received a letter from MKDP stating:
1. They couldn't comply with her CCA request themselves and needed to go back to Barclaycard (hopefully not much hope of them finding it after 12 years).
2. This is vague, apologies, but from what I could make out, they were stating they did not have to comply with 31.14 as it was under £10K and would be allocated to the small claims track. Then, there was something about disclosure 14 days before the hearing which meant nothing to me. No mention of the SB letter which has been signed for.
That is where we are now. I said I suspected they did have to comply but were trying not to, quite possibly because they have nothing to rely on. Also that SB is an absolute defence so they should know they would lose in court, but were probably trying to continue with the motions in the hope of scaring them into making a repayment plan (Sis-in-Law wouldn't do this in any case!)
So the questions:
1. What do I advise them now?
2. Is there something they should have done I missed?
3. Without even supplying a reconstituted copy of the CCA, can they take them to court? If they have to go back to Barclaycard, surely they must get a time extension? MKDP have failed to provide a copy at all within the time frame of 12+2 days, so my understanding is that at this point in time the debt is unenforceable at law. Am I right?
My Sis-in-Law is photocopying the letter they've had on Monday and sending it to me, so I should have it by Tuesday. I'll post a copy up as soon as I have it.
Thanks in advance for any help. I now know why I try to avoid courts, bailiffs are so much nicer!
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