Barclaycard/MKDLP & County Court

[locutus_worf359]

I have had a lengthy ongoing dispute with Barclaycard which I referred the the Financial Ombudsman Service (FSO). whilst still in dispute Barclaycard sold the debt to MKDLP.

So I raised this with FSO, whilst FSO still reviewing my case MKDLP lodge a County Court claim against me.

So I immediately contacted (via email) both MKDLP & County Court informing them that this case was still awaiting a review with the FSO (including a statement from FSO clearly showing this was the case). I blind copied in the FSO who acknowledged receipt, but as only passed to them so they were aware of latest development no action was required from them.

However both MKDLP & the County Court decided to ignore my contact - in fact the County court made a decision in MKDLP favour using the fact that I hadn't responded as evidence in decision.

Now I can not take any legal action on this case until FSO decision reached yet both MKDLP & County Court have made a legal action/case against me surely this isn't legal and not valid. How can the law stop me from making a case yet allow 3rd parties too.

Any assistance would be greatly.

[nemesis45]

Re: Barclaycard/MKDLP & County Court

If you did not file a defence to the claim then MKDP was entitled to apply for judgement, is this what has happened?

nem

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

I contacted the County Court to inform them that due to FSO investigation there was no case to answer. The case should not have been lodged in the first instance MKDLP they had no legal right to do so until FSO had completed their review of the case.

[nemesis45]

Re: Barclaycard/MKDLP & County Court

The matter would have been put before a judge it seems because you had not filed a defence.

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

Thanks for you assistance it is honestly appreciated....
A thought how can any legal decision be made on a case that has no legal basis?

[nemesis45]

Re: Barclaycard/MKDLP & County Court

Not knowing the details of what MKDP put to the judge when they applied for judgement it's difficult to say what happened.
Have you sought guidance again from the FOS on the case.

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

Yes first thing I did was to contact the FSO and make them aware of this development but FSO response times not great. It's taken a year for complaint so far and letter 2 days again informed me still awaiting review which could take 6 months

Thanks for your assistance. I am about to contact both County Court and MKDLP and inform them of their breach of regulations and see what happens. Will update you on responses....

[nemesis45]

Re: Barclaycard/MKDLP & County Court

OK:thumb::thumb:

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

Talked to county court said no interaction from MKDLP at all. But they can't stop case it would have been up to MKDLP to stop.
Asked if I defended case via pack or through service which charges £150 for. Told I I couldn't defend the case as legally until FSO decision there is no legal case to answer too...

MKDLP response they acknowledged that they had received my correspondence telling the to cease case immediately due to FSO review (including proof of review still outstanding), they did nothing. Told them that that action is in breach of FSO regulation as they have knowingly (although maybe not of time of opening - was they informed me the lodged caser because Barclaycard had informed then that FSO had made decision) allowed a legal case to continue once they were notified of the fact the review was still ongoing.

They said they will have to investigation, but I've told then I have reported them to the FSO and pending resolution of initial case - I may proceed with a complaint against them, for deformation of character as it stands an unlawful CCJ is now held against my name.

Watch this space..... MKDLP did sound very concerned once I told them I'd reported them to FSO.....

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

Had a response (of sorts) from Ombudsman but leaves me wondering where as an individual I can go from here I don't have limitless funds to fight this through the courts (unlike the organisations I'm up against).

The ombudsman decided NOT to get involved stating result of first case (since proved floored by Barclaycards actions themselves) and amazingly also the CCJ which MKDLP where legally in a position to lodged.
So wondering what are my options from here...

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

obviously mean MKDLP were NOT legally in a postition to lodge in the first place....

[nemesis45]

Re: Barclaycard/MKDLP & County Court

Reply to your PM locutus.

Make a Subject Access Request Under DPA 1998 for all personal data, specify the statements required.
The bank has 40 days to comply, the is a £10 statutory fee to pay.

nem

[locutus_worf359]

Re: Barclaycard/MKDLP & County Court

Reply to your PM locutus.

Make a Subject Access Request Under DPA 1998 for all personal data, specify the statements required.
The bank has 40 days to comply, the is a £10 statutory fee to pay.

nem

Thanks for you assistance - your a star

[FlamingParrot]

Re: Barclaycard/MKDLP & County Court

I have had a lengthy ongoing dispute with Barclaycard which I referred the the Financial Ombudsman Service (FSO). whilst still in dispute Barclaycard sold the debt to MKDLP.

It would be useful to know the nature of your dispute with Barclaycard.

So I raised this with FSO, whilst FSO still reviewing my case MKDLP lodge a County Court claim against me.

So I immediately contacted (via email) both MKDLP & County Court informing them that this case was still awaiting a review with the FSO (including a statement from FSO clearly showing this was the case). I blind copied in the FSO who acknowledged receipt, but as only passed to them so they were aware of latest development no action was required from them.

However both MKDLP & the County Court decided to ignore my contact - in fact the County court made a decision in MKDLP favour using the fact that I hadn't responded as evidence in decision.

If you fail to acknowledge a claim or submit a defence within the timescales, the claimant can request default judgment. I don't know the particulars of the case or the nature of your dispute but you could have filed a defence on those grounds to stop them from obtaining judgment.

Now I can not take any legal action on this case until FSO decision reached yet both MKDLP & County Court have made a legal action/case against me surely this isn't legal and not valid. How can the law stop me from making a case yet allow 3rd parties too.

Any assistance would be greatly.

You could consider applying to have the judgment set aside, however, we'd need to know more about this case. How much is the judgment for? The cost of a set aside application is £155 although you may be able to qualify for fee remission in certain circumstances.