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

[clastewart]

Received a claim? Yes
Issue Date: 10-12-2014
Amount approx: 7618.19
Claimant: MKDP LLP
Solicitor: XXXXXXX in the box for Solicitor
Original Credit: Barclaycard

Particulars of Claim:
The Claimant claims the sum of 7,208.19 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

The Defendant's account number was XXXXXXXXXX and was assigned to the Claimant in 11/04/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the term of agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 7,208.19 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
I enlisted a solicitor to work on this case back in March 2010 to see if the debt was unenforceable, Barclaycard failed to comply with a CCA request for nearly two years. Barclaycard then only produced a generic copy of a 'Barclaycard Agreement', 'A Copy for your records' which they stated was enough. No signature or date. I do not recall ever taking this agreement out, and if I did it was probably around the 1990's. The last payment I made to the card was around 2010. This account then went to various enforcement agencies with the latest being MKDP. I have not received a Default notice which they state I did by Barclaycard. My credit file said they defaulted me on 18.10.2010. The last contact I made to Barclaycard was in 2010 to inform them the account was in dispute? I have so far, sent the Acknowledgement of Claim and have until the 11th Jan 2015 to submit my defence. Do I still need to send the CCA letter to MKDP and the CPR request even though I did this with Barclaycard bak in 2010. Any help greatly appreciated. Thank you .

[Amethyst]

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

Hi Clastewart, Welcome to the forum, and my sincere apologies for missing your post.

How are you getting on?

As MKDP have bought the debt and are claiming assignment then yes you would need to send a CCA request to MKDP.

enlisted a solicitor to work on this case back in March 2010 to see if the debt was unenforceable, Barclaycard failed to comply with a CCA request for nearly two years. Barclaycard then only produced a generic copy of a 'Barclaycard Agreement', 'A Copy for your records' which they stated was enough. No signature or date.

As it is pre 2007 you took out the card then no that won't be enough.

MKDP do tend to represent themselves, and they are a little bit pants with getting the documents.

Many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

The Claimant claims the sum of 7,208.19 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.
The Defendant's account number was XXXXXXXXXX and was assigned to the Claimant in 11/04/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the term of agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 7,208.19 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

so fine to ask for the agreement, notice of assignment and default notice in the CPR 31.14 request.

Sharon
xx

[clastewart]

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

Hi Sharon,

Thank you so much for taking the time to reply to me. So reassuring to be able to get some help and advice on this matter. Its been causing sleepless nights since the 10th Dec when I received it. Talk about timing, giving me this to deal with over xmas, they prob done that on purpose!!!

Anyway, I have sent the CCA and CPR request by special, recorded next day delivery so they would have received this today (although I do need to log on and check this). My only problem now is timing over xmas loosing out on the bank holidays and only just submitting all the info as I didn't know what to do?

I have 33 days from the 10th Dec when the court issued the claim so that gives me until the 11th Jan?? which is a sunday? There is no way surely, that they will get all the documents to me by then so should I wait a bit or ask the court for more time due to the holidays. If so how should I go about doing this?

Thanks so much for your help
Chantel
x

Hi Clastewart, Welcome to the forum, and my sincere apologies for missing your post.

How are you getting on?

As MKDP have bought the debt and are claiming assignment then yes you would need to send a CCA request to MKDP. As it is pre 2007 you took out the card then no that won't be enough.

MKDP do tend to represent themselves, and they are a little bit pants with getting the documents.

Many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)




so fine to ask for the agreement, notice of assignment and default notice in the CPR 31.14 request.

Sharon
xx

[Amethyst]

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

If they don't come up with anything by say Tuesday 6th January you should contact the claimants solicitors and ask them to agree to an extension under CPR 15.5 of 28 days.... if they agree this will extend the time they have until about Feb 7th. You MUST stick to the timescales set by the court even if the claimants write and tell you they have put the claim on hold, unless you get in writing/email their agreement to a formal extension, you must get a defence in before that 11th Jan deadline.

There some bits about asking for an extension ( http://www.legalbeagles.info/forums/...filing-defence ) in the library, and also an example defence you can use as a basis ( http://www.legalbeagles.info/forums/...t-Court-Claims ) to work from depending on how your claim goes along and what they supply, if they supply the generic terms again we'll need to do a bit more work on it to argue that.

Let us know if you get a copy of the agreement, and if you do, scan it or photograph it and post it up with your personal details removed.

Otherwise just try and relax over Christmas and we'll help you deal with it in the new year xx

[clastewart]

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

Thanks again:-) The Claimants haven't given me solicitors details just their address on the court claim form and a 0800 telephone number ? where it says signed by Claimant (Claimant Solicitors) there are XXXXXXX in the box, I take its MKDP LLP acting on behalf of themselves?

PS Im so glad I found this site. Without this help and information there is no way I could take this on, on my own with a two year old to deal with. I will keep you posted as to the progress. Thank you for your time and assistance.

Chantel
x

[Amethyst]

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

~Ahh yes, sorry I forgot it was MKDP - yes MKDP deal with it themselves xx ( they are a bit rubbish too so you'll be okay )

[clastewart]

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

:santa_smiley:

[clastewart]

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

Hi Sharon,

Hope you are well and had a good Christmas. I have today received a letter form Keynes Collection regarding my CCA request? I have scanned it and uploaded to my email but I am struggling as to how to attached it to this thread? How do I do this please? Sorry to ask? If not, I can just type it out in this thread.

Many thanks
Chantel

[clastewart]

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

Done it, Hope its legible. Many thanks and Have a Happy New Year ;-))

[FlamingParrot]

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

Hi Sharon,

Hope you are well and had a good Christmas. I have today received a letter form Keynes Collection regarding my CCA request? I have scanned it and uploaded to my email but I am struggling as to how to attached it to this thread? How do I do this please? Sorry to ask? If not, I can just type it out in this thread.

Actually, the letter in question refers to your CPR request rather than the CCA request, and they are spouting the usual drivel regarding small claims even when the claim has not been allocated to any track until after you submit your defence. :rant: :rant:

As they have said they cannot supply you with the documents, I'd be asking them to agree to a 28 day extension as allowed under CPR 15.5, to file your defence. You can do this over the phone and get them to send you an email so you can forward it to the court. :typing: Keep an eye on the timescales. :clock:

[FlamingParrot]

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

Done it, Hope its legible. Many thanks and Have a Happy New Year ;-))

It is legible, see my reply above.

A very Happy New Year to you too.

[clastewart]

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

Hi, Hope you had a good NYE. Thanks for reply.

Ok, so, I will ask them for a 28 day extension. As time is critical, therefore best not to write to them although that would be my preference but I also don't want them to have my number either, do you think it would be ok to email them or quicker to call?

Many thanks

[clastewart]

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

Hi Sharon,

I phoned Keynes collection today and they have agreed to a 28 day extension? Just waiting for their email to confirm. Do I send that to the court along with a request for an extension?

If granted, would that be 28 days from when the original date to file my defence from, which should be the 11th jan? Keynes said that they had already given me until the 19th Jan?? not sure where they got that from? They also said that they have already written to original creditior to ask for the documents and that could take up to 8weeks. He said if they don't get a response from the original creditor i.e. Barclaycard by that time, he said that I would still have to file my defence.??

Thanks
Chantel

[clastewart]

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

Hi, are you there?

[nemesis45]

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

Yes notify the court of the agreement.