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

[Kyliereid88]

Received a claim? Yes
Issue Date: 10-12-2014
Amount approx: 2100
Claimant: Mkdp llp
Solicitor:
Original Credit: Welcome finance ltd

Particulars of Claim:


Stat Barred? Yes

Have sent: Acknowledged the Claim

Other Info:
Hi, my partner has received a claim form from mkdp llp regarding a debt that has been sold on from welcome finance. It says on the form that his agreement was started in 2010, when I asked him about this debt he said it definately wasn't taken out then and that it was taken out in July 2008. The case being he can't remember how much he paid bad when the last payment was but said the loan was for roughly £1200 (obviously the amount they are claiming is including interest and court fees). I have sent an aos to give us more time to sort it as I'm due a baby any day and my partner is no good at all with stuff like this.

Just hoping someone can help and give advice on what I should do next and what to do if I think the debt is statue barred. Also if this isn't the case can I negotiate a monthly repayment with mkdp llp for the amount at around £10 a month as that's all we will be able to afford

Thanks

[nemesis45]

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

Hi,
As advised on your other thread don't rush in making offers of payment, there is often a major problem with old Welcome accounts.
Is a solicitor acting for MKDP?
Have you checked his Credit Files for this alleged debt?
If not do so it may highlight any discrepancies in the default date. ( Noddle is a free CRA, Equifax & Experian have 30 day free trials).
Also MKDP has in the past claimed to be able to place a " new" default at the date is acquires a debt.
So You believe the debt is statute barred i.e. No payment or unequivocal written acknowledgment in six clear years.

Is this an unsecured loan/HP agreement/secured loan.

Make a CCA request to MKDP now £1 Statutory fee to pay, use cheque or Postal Order clearly marked " For Statutory Fee Only " and keep a photo copy of it. Send by signed for post addressed to the Compliance department at MKDP.

If there a solicitor involved send A CPR31.14 request to them (no fee).
Templates are on the forums.

Congratulation on the imminent new commermashappy:

[Kyliereid88]

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

Hi nemesis 45


thanks for your advice, this one is more of a concern than my other debt as the thought of a ccj has scared me lol even though it's my partners an not mine. I'll request a cca from them today and send by recorded delivery and do the photocopies. I have acknowledged the ccj letter on their website so do I have 28 days now to make my defence?


no they seem to be acting on behalf of themselves I will get the details and write them up a bit later on what it says as I'm not 100% sure. This was an unsecured loan that was taken. No he definately says it's was over 6 years ago as he got the loan for a car when he passed his test. Thing is welcome never sent any debt letters to his parents address or this address which we just moved into but the address we moved from is where the ccj letter went so we had no warning letter.


I've already tried doing a credit report but it wouldn't process one for my partner as he hasn't been with his current bank for over 3 months so it said it couldn't verify his identity.


thank you very much I look forward to babys arrival also (amongst the stress of this) lol x

[nemesis45]

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

Good Luck and best wishes to the new arrival!!
Please keep the forum advised on progress there will be help for you and it may ease the stress at this time.
PS Try applying for the £2 " statutory" credit report.

[Kyliereid88]

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

Thanks
so I literally just wait until they reply with the cca?

Also do I have 28 days to submit my defence because I've did the aos?

Thanks

[nemesis45]

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

Yes!!

[Kyliereid88]

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

Hi, I have completely forgot about all this due to having a new baby. I forgot to submit my defence online have I messed up? Also I did send a cca to mkdp and still havnt recieved no correspondence back .. What should I do next, I think I missed submitting my defence by 6 days now ... Any help would be great

thanks

[nemesis45]

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

Hi Congratulations on the new arrival.
Submit defence asap send covering note re new babe. An apology to the court always helps in this situation!!
If the CCA request is still outstanding they cannot progress the claim anyway.

[Kyliereid88]

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

Thank you

I'm unsure of what to write for my defence can you give me a guideline of what i should be putting and obviously ill put in about the new baby etc. Thank you ill await the cca and will submit defence once i know what im putting

Thanks

[MIKE770]

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

nemesis45 no doubt do you one, he is very good at that? just ask him

[Kyliereid88]

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

nemesis45 if you wouldn't mind doing one for me i would appreciate it, not good at wording things and your obviously more experienced lol thank you

[nemesis45]

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

Of Course I'll help!
Have you all the details of what you wanted to put down to hand?

I need the particulars of the claim exactly printed on the claim form and absolutely anything you have that we can use to counter the POC.

[Kyliereid88]

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

I will need to get the letter from the car when my partner gets home, once he's back ill type it up ... Thank you very much nemesis45

[Kyliereid88]

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

ok so the side that says "particulars of the claim" it says 'the claimant claims the sum of 2103.91 being monies due from the defendant to welcome finance ltd under a loan agreement regulated by the consumer credit act 1974 which was assigned to the claimant on 05/03/2010 (this date in which my partner is disputing as he got the loan for a car when he passed his driving test and thats over 7 years ago) notice of assignment has been provided to the defendant (which again we never recieved anything before this claim form or we would have looked into it) . the defendants loan account number is 3181109. the defendant has failed to make payments in accordance with the terms of this loan agreement. A default notice has been served pursuant to the consumer credit act 1974 by welcome finance ltd. The claimant claims the sum of 2103.91 and costs. The claimant has complied, as far as is necessary, with the pre action conduct practice direction.'

obviously i want to say that we never recieved any letters before the claim form so never had the knowledge that there was a loan outstanding in my partners name, so again never had the time to look into it before they issued this claim form. I really dont know what else to say and its also meant to be a statue barred debt which they are trying to say the date of the loan is 05/03/2010 but it is definately over 6 years (my partner knows the exact month it was taken out but hes at work so i dont know off hand at the mo)

any help from you asap would be really appreciated so i can submit my defence and i also still havn't received the cca from mkdp.

Thanks
kylie

[Amethyst]

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

I'd give the court a quick call on Monday to check judgment hasn't been entered already , if it has we'll have to set aside, if not we can send in the defence there and then ( assuming you get it sorted over this weeked ).