Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

MSagreement.jpgMSt&c.jpgMSt&c2.jpgBarclayst&c.jpgBarclayst&c2.jpg
Not sure how legible these will be.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

statement.jpg

Also here's a sample of the "statements"

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

But can I agree to a settlement without admitting liability??
Or would you word it... "in the event that I am found liable..." and go to court anyway?

I'll see if I can scan it in later and post it up.

You have no obligation to agree settlement at all, and no you can't agree a consent order, then go to court, the consent order ends the action and you pay what has been agreed.

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[ATTACH=CONFIG]14365[/ATTACH][ATTACH=CONFIG]14366[/ATTACH][ATTACH=CONFIG]14367[/ATTACH][ATTACH=CONFIG]14368[/ATTACH][ATTACH=CONFIG]14369[/ATTACH]
Not sure how legible these will be.

How legible are the originals? Can you read them enough to check the agreement front and terms match up and relate to one another.

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[ATTACH=CONFIG]14371[/ATTACH]

Also here's a sample of the "statements"

Shows how making the minimum payment has very little effect on the amount of the debt - you were paying £76 a month and only knocking about £12 off the debt.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

How legible are the originals? Can you read them enough to check the agreement front and terms match up and relate to one another.

The signed agreement isn't really legible at all apart from the larger fonts. All I have done here is scan them so I can't see much more than you. Those two pages crammed onto one side of A4 is what they sent me!
I'm going to write to them and ask to see a legible version to see if they even have one.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Shows how making the minimum payment has very little effect on the amount of the debt - you were paying £76 a month and only knocking about £12 off the debt.

And I would argue that the terms/interest are unreasonable?

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Not really that is rather standard unfortunately, irritating as it is.

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

I'm going to write to them and ask to see a legible version to see if they even have one.

That is a good idea.

Quote this http://www.legislation.gov.uk/uksi/1983/1557/made

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

I've also written directly to MS and Barclaycard to see what documents they have. Again I'm hoping there's nothing that dates back beyond the takeover as that's nearly six years ago.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Ok so just to update, 40 days has passed since I sent SAR's to Barclaycard and Morgan Stanley.
BC sent me all they had but the original agreement was still as illegible as the one above.
MS have not replied and not cashed the cheque but did sign for the letter.
Are they under a legal obligation to reply to the letter even if they have no information to give??
How would I best chase this up?

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Bump...

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

What's the current status of the case in the courts now?

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

I'm not sure of a formal term but basically waiting for the hearing date in early Feb. MKDP have not replied to the mediation offer.

Thanks Amethyst

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Just waiting then, that's a long wait isn't it. Do you have to put in a witness statement before the hearing / docs to rely on etc ? If they send nothing else you can just reiterate in that their failings. Have they been ordered to provide docs by a certain date at all ?

Now this agreement, it would have been legible at inception, and it isn't obliterated (ie you could make it out with a fair bit of effort and guesswork) so go through and cross reference the signed page with the attached terms to see if they match up, interest rates / dates etc, any anomolies that show that the terms they have given you are incomplete / wrong etc. To me it seems just the signature page and the other page stuck on the same A4 sheet were all you had at inception, the rest are for a barclaycard ? so are the 'current' terms rather than those at inception as at inception it was MSDW