Court Claim - MKDP LLP / Barclaycard - 10-12-2014

[Amethyst]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi Clara

Bit of help here on the extension - really just need to email the court - http://www.legalbeagles.info/forums/...filing-defence

It is 28 days added to the original defence date, so yes 11th Jan plus 28 days = Sunday, February 8, 2015


Sharon
xx

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Thanks Sharon. Should I be worried that they are contacting Barclaycard to get all the documents?

When I spoke with Keynes they did remind me that I have another outstanding Platinum account with them? I said that I am only phoning to discuss this account? So far the other platinum account has not yet gone to court. It has been passed around to many DCA now with MKDP and they have written to me over the years with the usual threats/warnings. I did have a solicitor look into see if this account was unenforceable back in 2010 and again Barclaycard could not come back with any documents etc? I think this was taken out in 2008 online? total £10,500. However they have added so many charges and interest to this and last time I looked it was £8-8.5.

Now that they have started the court process with lower amount account that I am going to submit my defence for, do you think they will start court proceeding with the other one too? Would I have a chance at defending or should I try and negotiate with them before it gets that far??? Also I have not contacted MKDP directly asking for any documents?

Thanks for your help, really worrying about all this. I was in severe hardship 2009-2010 and I made every effort to pay Barclaycard back what I could afford, and tried to negotiate a Full and Final with them but they would not help in any way.

Many thanks
Chantel

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

It would be interesting to see if Barclaycard provide data to MKDP after failing on your requests.
If MKDP decide to litigate on the second account you have the same opportunity to defend
You can though be forearmed on this one by getting a SAR off for the Platinum account now.

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Thank you. What is a SAR and are there any template letters that I can use. How will this benefit me with my account i.e. Will this stop them making a court claim for a CCJ?

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Update: I have until the 13th February now to put my defence together? Should I try and wait as long as I can to see if MKDP send me any of the documents that I have requested? How soon should I get it sent off to the court ? thank you :tinysmile_grin_t:

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Update: I have until the 13th February now to put my defence together? Should I try and wait as long as I can to see if MKDP send me any of the documents that I have requested? How soon should I get it sent off to the court ? thank you :tinysmile_grin_t:

SAR subject access request made under the Data Protection Act 1998 to get the creditor to supply all the personal data it holds on you (template in the library) the creditor has 40 days to comply, there is a £10 statutory fee to pay, ( use a cheque or postal order clearly endorsed " for statutory fee only")

Prepare you defence as far as you can at present.

[Kandis]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi, MKDP are sneaky devils. They maybe rubbish in some cases re agreements! But they landed me with mine at court date, nearly fell off my chair! So don't rest on your laurels. Good luck!

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi Kandis, thank you for the heads up? Oh no, Did that mean that you lost your case? what was the outcome?

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hi Nemesis45,

If I send off the SAR letter does that automatically stop the time for statue Barred?

thank you
Chantel

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Hello, Are you there?? Just wanted to ask you a quick question regarding the SAR letter effecting statue barred? thank you

[Amethyst]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

No the SAR letter won't stop the time clock running - as a SAR is a request for information held about you personally not about a specific account. Don't put your account number on the letter or anything just your full name and address details and ask for everything they have on you over any accounts etc.

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Should I be more specific in the SAR regarding what info to ask for or just state all information? Can you please have a look at the below and let me know if I should use this. Many thanks

a) A true copy of the (or any) signed credit note (credit agreement)
b) The Deed of Assignment
c) Novation Agreement
d) Statements of Accounts
e) Duplicate statements or print out of all transactions
f) Copies of any stored telephone calls
g) All internal/external emails sent by you
h) All internal/external letters sent by you
i) All computer logs, notes, transcripts and memos stored on your computer
j) Details in any format of ALL information disclosed to a third party by you and to who and why
k) A true copy of the terms and conditions when the account(s) was opened
l) A true copy of any subsequent amendments to those terms and conditions
m) True copies of any Notice of Assignment
n) True copies of any default notices, court orders or pending legal action
o) Information related to any charges such as returned payments etc, please include your breakdown of the actual costs and your liquidated damages
p) All information that is stored by you, by any means of storage.
q) All handwritten notes, memos and letters sent by you
r) All information held by you and any of your other companies, including all of the above requests for each company

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

There are some points you need to note.
1. The credit agreement might not be supplied, there is no obligation on the creditor to do so as this is covered by CCA1974.
the ICO has said although it Might Expect the agreement to be supplied there in no penalty for not so doing.
2. The Deed of Assignment for debts is Not and individual document for each debt, it is the confidential commercially sensitive contract between debt sell and purchaser,. A court my order production, but a creditor/debt purchaser can rely on file notes showing that a NOA was sent on a certain date. Can be from Creditor and/or debt purchaser.
3. Default Notices are " generic" documents and there is no compulsion to store hard copy as with NOA's a file note is all that is required.
4. Matters specifically referring to identifiable 3rd parties cannot be supplied.
5. The Novation Agreement I doubt will be helpful in any way.
6. Terms and conditions are generic data ( al agreements for a brand of credit cards has the same data) and are not personal data.


Most importantly A SAR- Subject Access Request is to supply PERSONAL DATA ONLY

[clastewart]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

ok thank you. Bit confused now though. Shall I leave all the points out and just state "everything on you have on me" is that enough to say in a SAR letter?

[nemesis45]

Re: Court Claim - MKDP LLP / Barclaycard - 10-12-2014

Best way!! otherwise it's likely that BC will return the request with queries and problems.
Don't forget to sign it.