Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

what does that mean? lol i didnt think they could do that until the provided me with a cca? also my partner just wont talk to anyone like that on the phone and im sure that they wont speak to me :/ ive just tried logging in but cant get logged into the moneyclaim online with the details ive got from the claim form (does that mean judgement might have been passed or could the claim be dropped?)

thanks

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

It could mean there's a default judgment, it could also mean MCOL is having problems - have you signed up to MCOL properly ( with government gateway etc? see http://www.legalbeagles.info/forums/...313#post499313 )

Phoning Northampton is ok, you have a specific question to ask them, Could you tell me the status of the claim number XXXXX please ( quote the number from the front of the claim form) and they should just tappity tap the computer and tell you whether judgment has been entered or not. They may just ask your name to confirm they aren't breaching data protection but should be a quick straightforward phonecall.

The number is County Court Money Claims Centre: 0300 123 1057 or 01604 619 402

I understand about the phone call - I'm the same I hate it and takes me ages to build up to doing it - I'm okay now so long as I have a specific question to ask and know basically what the other end of the line will say. Ringing people for a 'chat' floors me completely lol.

Alternatively you could email ccbcdefendants@hmcts.gsi.gov.uk to ask that way, just may take a bit longer to find out. It is usually a week before you get notification through the post if you have got a default judgment.

The claimant does have to apply for the default judgment so they may not have if they have put the account on hold pending the finding of the credit agreement, BUT not having the credit agreement isn't a barr to them getting default judgment, as of course the court doesn't know the debt is disputed until a defence goes in.

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

your a world full of knowledge lol thank you.

if my partner gets a default judgement does that mean mkdp can send bailiffs round (im a worrier )

my partner is awful at ringing up stuff like that which is why everything is in my name lol but he has no probs ringing up for a chat so quite the opposite lol

i will give them a call to find out and yes i registered with the government gateway, if i manage to get on and it lets me submit a defence can you help?

thank you

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

If you get a default judgment then they could apply to enforce it, but there's 28 days to pay it first anyway, and we'll know about it before any type of enforcement takes place - bailiffs wouldn't happen for months yet so really nothing to worry about on that score.

And yes course we'll help with defence, I'll have a read back through your thread as we'll need to get one together regardless whether default judgment's been awarded and will try help you get one together tmw - Nem will help you too I'm sure.

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

lol there would be no chance we could pay it or would have done by now

where do we stand on this being statue barred? can they still enforce it?

again thank you, i appreciate all your's and nemsis45 help

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

It is unlikely to be statute barred if he didn't take the loan out until July 2008 - that would mean he'd have to have only made three/four payments on the loan - of course that is possible, but if it wasn't defaulted until mid 2010 its more likely he paid for longer or missed a couple payments then tried to make it up etc before defaulting. See what he remembers anyway.

You've made a CCA request and they haven't replied so you can rely on that for the defence at the moment anyway - did you send a CPR 31.14 request at all for copies of other documents mentioned ?

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Oh also, if you did have a judgment and wanted to sort out paying it, weren't too fussed about having a CCJ against you, you could apply to the court to 'vary' the judgment to an affordable monthly payment amount. The option is there so it isn't ever a pay it all or bailiff's will come situation.

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

hi amethyst

sorry i havnt been on or replied so much has been going on i cant keep up. Ive eventually got round to putting in my defence as judgement still hasnt been passed and i still havnt received a cca back from mkdp so im thinking that this is a good thing?

Also he was very young and naive and made one payment then defaulted every other payment. What worries me also is that when he had this loan it was taken out at his parents home address and we never recieved any debt letters there when we lived there asking for payment or i would have sorted it, ive been with my partner 3 years and it was only when we moved into our own home that he received the claim form so on thee behalf they never tried to try and set up a payment plan or ask for the money from my partner, where would he stand in that case?

No the only thing i sent off was for the cca.

could one of you please help me write a defence so i can submit it tomorrow i think im very lucky i can still submit a defence, everything just seems to be going wrong at the moment :tinysmile_cry_t: theres got to be some hope soon lol

thanks

kylie

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Could someone please help asap

thank you

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Can someone help me with a defence please I don't know what I should put

thanks

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Hiya,

If you still haven't had a copy of the CCA back from the claimant then you can work from this defence http://www.legalbeagles.info/forums/...t-Court-Claims Take out the bits about CPR 31.14 as I don't think you sent one did you.

You won't be statute barred sadly, but they still need to provide a copy of the agreement terms to be able to enforce the agreement.

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

I'll get the basic bits together for you hang on five xx

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Thank you so much

[Amethyst]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

VERY ROUGH DRAFT FOR YOU xxx

-----------------------------------------------------------------------------------------------
1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a fixed-sum loan agreement regulated under the Consumer Credit Act 1974. The Original Creditor is claimed to be Welcome Finance Ltd.

4: The Defendant believes any debt that may have been owed to Welcome Finance in the past would now be statute barred under the Limitations Act 1980 as he has not heard from the company for at least six years and has not had any previous communication from the Claimants.

5. The Defendants previous address ( at the time of inception of the alleged agreement) is the address that his parents continue to reside and any mail would be passed on to the Defendant. The first letter he had from the Claimant was on/around xxxxxxxxx . Therefore it is not believed the claimants have complied with the pre action conduct practice direction as claimed.

6: The Defendant believes this was originally a car loan from 2007. He does not hold a copy of any agreement and does not recall receiving a copy at the time. He does not have any records of payments made to Welcome Finance and has not received any statements of account from either Welcome Finance or the Claimant.

7. The Claimants statement of case states that the account was assigned from Welcome Finance to [Claimant] on 05/03/2010. The Defendant has not received any notice of this assignment.

8. It is denied that Welcome finance have served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

9. On the [Date] the Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

8. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

11. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

12. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[Kyliereid88]

Re: Court Claim - Mkdp llp / Welcome finance ltd - 10-12-2014

Aww thank you so much I've just submitted the defence ... Where do they stand if I still havnt received a cca from mkdp llp? Xx