Court Claim - MKDP LLP / Lloyds - 15-1-2015

[Sue49740]

Received a claim? Yes
Issue Date: 15-1-2015
Amount approx: 11832.00
Claimant: MKDP LLP
Solicitor: None
Original Credit: Lloyds

Particulars of Claim:
The claimant claims the sum of 11,422.09 being monies due from the defendant to Lloyds Bank PLC under loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the claimant on 20/06/2014. Notice of assignment has been provided to the Defendant. The Defendants loan account number was **********
The Defendant has failed to make payments in accordance with the terms of the loan agreement. A Defaut notice has been served pursuant to the consumer credit act 1974 by Lloyds Bank Plc. The claimant claims the sum of 11,442.09 and costs
The claimant has complied as far as is necessary with the pre-action conduct practice direction

Stat Barred? No

Have sent:

Other Info:
This is for my father who was made redundant 5 years ago he had a serious motorbike accident and now receives benefits and has no other income what should he do now thank you

[Kati]

Re: Court Claim - MKDP LLP / Lloyds - 15-1-2015

Hi Sue, welcome to LB
The basic first steps on receipt of a court claim are as advised by Amethyst here -

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 - this will extend the time you have to respond to the claim to 28 days from when you received it

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)

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

Don't worry ... I know you will get lots of help and advice from the knowledgeable Beagles.

Kati xx

[Sue49740]

Re: Court Claim - MKDP LLP / Lloyds - 15-1-2015

Thanks for the reply Kati I will get him to follow Amethyst advise x

[Kati]

Re: Court Claim - MKDP LLP / Lloyds - 15-1-2015

Thanks for the reply Kati I will get him to follow Amethyst advise x

If he (or you) have any questions about any of it, don't hesitate to post back up on this thread ... there's always someone around to advise
K x

[Sue49740]

Should my father just agree to a payment plan

Can some please help as my fathers debt is over £10k what is fast track he lives on benefits should he just make a offer to pay as he is so stressed out over this please can someone advise me many thanks

[PAWS]

Re: Should my father just agree to a payment plan

Hello Sue
I am afraid I do not know how to link this to your other post with all the info. Can you repost this on your other thread? I am sure someone will be able to help.:thumb:

[nemesis45]

Re: Should my father just agree to a payment plan

Court system for dealing with debt/claims over £10k.

Has your father received a Count Court Claim Pack.
Has the Claim been acknowledged?
Who is the claimant?
Is there a solicitor for the Claimant?
Please post up a copy of the Particulars of claim (POC) after removing name/address/Claim No.
Is this one debt or a consolidation of many?

nem

[Sue49740]

Re: Should my father just agree to a payment plan

Hi Nem

Below are the details I have not replied to the Court Claim yet any help or pointing in the right direction would be helpful I am so stressed out and he is not a well man and I don't know what to do for the best many thanks sue


Received a claim? Yes
Issue Date: 15-1-2015
Amount approx: 11832.00
Claimant: MKDP LLP
Solicitor: None
Original Credit: Lloyds

Particulars of Claim:
The claimant claims the sum of 11,422.09 being monies due from the defendant to Lloyds Bank PLC under loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the claimant on 20/06/2014. Notice of assignment has been provided to the Defendant. The Defendants loan account number was **********
The Defendant has failed to make payments in accordance with the terms of the loan agreement. A Defaut notice has been served pursuant to the consumer credit act 1974 by Lloyds Bank Plc. The claimant claims the sum of 11,442.09 and costs
The claimant has complied as far as is necessary with the pre-action conduct practice direction

Stat Barred? No

Have sent:

Other Info:
This is for my father who was made redundant 5 years ago he had a serious motorbike accident and now receives benefits and has no other income what should he do now thank you

[nemesis45]

Re: Should my father just agree to a payment plan

Hi, Sorry to hear about your fathers accident!!
Has the Claim Been acknowledged?
If not do asap and state intention to defend (grabs a bit more time)
I presume the claim is via the Northampton CCBC?
Get A CCA request done MKDP to get a copy of the agreement, £1 statutory fee payable they have 12 +2 Working Days to comply.
Use template from the forum library.

When was the loan taken out?
When did payments cease?

What prospect is there of a viable defence?

nem

[nemesis45]

Re: Should my father just agree to a payment plan

Would your father be considered a vulnerable person?
An income and expenditure statement would be a good idea.

Likely outcome/actions.


Does your father own property with any equity? MKDP could apply for a charging order to secure the debt.

[Sue49740]

Re: Should my father just agree to a payment plan

I think the loan was taken out in 2008 payment stopped in 2010 I don't know if he would be considered vulnerable he does not own a property and his only income is DLA and ESA no claim has not been acknowledge as I did not know which way to turn admit and try and arrange a payment plan or defend if he defends on what grounds I really don't know what to do for the best many thanks for your help

[nemesis45]

Re: Should my father just agree to a payment plan

I going to say acknowledge claim, intention to defend.
Thinking along the lines of writing to MKDP with the financial statement/health statement
and politely pointing out that a judgement will not achieve the outcome they are looking for
as the prospect of payment is negligible.

nem

[Sue49740]

Re: Should my father just agree to a payment plan

Thanks Nem
I will acknowledge now and defend I have a £1 postal order should I send this to them requesting the information
I have prepared a financial statement is there someone who could help me compose a letter to them re financial/health statement
Sue

[Sue49740]

Re: Court Claim - MKDP LLP / Lloyds - 15-1-2015

My brain is totally mashed and I cant think straight I am filling in the 2 letters to send to MKDP LLP what date do I put in this section
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

Thank you

[Kati]

Re: Court Claim - MKDP LLP / Lloyds - 15-1-2015

My brain is totally mashed and I cant think straight I am filling in the 2 letters to send to MKDP LLP what date do I put in this section
To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

Thank you

Hi Sue

your defence is due 33 days after the issue date on the claim form. Using the calculator link at the top of the page that makes it

From Thursday, January 15, 2015
Added 33 days

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Result: Tuesday, February 17, 2015