MKDP LLP

[kentman2006]

Hello everybody, new poster here, and hope someone can help.

I received a CCJ claim form from MKDP a couple of weeks ago (I've already lodged a 28-day ack. of service), and have read plenty of posts about defending etc.
This is for a very old current account with Lloyds Bank, which was closed by them after a long running dispute.
Basically, I moved accounts to RBS after Lloyd's attitude, forgot about the Lloyds one which had a few pounds in it, got debited with charges, into overdraft, charges on charges, same next month, repeated ad infinitum.
Now MKDP have taken to issuing a claim for £1103, entirely made up of bank charges (my actual "borrowing" was virtually nil).
I've successfully defended a MBNA credit card claim recently, but wanted to know how I should approach this, given that it's a current account, rather than a credit card account ? Are there different requests I need to make of them (CPR. SAR) ??

Thanks in advance to any replies

[kentman2006]

Re: MKDP LLP

Hello. Would anyone be able to help on this please ? Thank You

[Amethyst]

Re: MKDP LLP

Do you have your bank statements showing the charges ? If not then you should get a SAR (subject access request) sent off to Lloyds for transaction lists. You can quote the Foster-Burnell v Lloyds case. The claimant - MKDP - will still need to provide the agreement to show how the charges were applied, and evidence that the debt has been assigned and defaulted properly and evidence that it is your debt. In the CPR request you should ask for the agreement/contract, terms, assignment and default notice if they are mentioned within the particulars of claim. And yes you are correct that you don't send the CCA request for this as it is exempt to PArt V of the CCA 1974.

[kentman2006]

Re: MKDP LLP

HI Amethyst

Thanks again for your time.
I sent off a letter this morning (a CPR 31.14 request from a template I've seen on here), before you posted this so I hope it's correct.
MKDP stated on their claim particulars that my agreement is "regulated by the CCA 1974", even though it's a current account ?
I asked for (1) the agreement (as they said it was, as above), (2) the default notice, (3) the sale/assignment agreement, (4) transaction for the last 6 months of the account to show evidence of what gave rise to such a balance on an account which had no overdraft.

If you think I've made a mistake here, please let me know, and I can redact my first letter and issue a corrected one, dated tomorrow.

Thanks once again (PS. I have another 10 days before I have to file my defence online).

[kentman2006]

Re: MKDP LLP

Hi Amethyst
Just a bump to see if could advise further ?
Thanks in advance

[kentman2006]

Re: MKDP LLP

Any further advice would be appreciated Amethyst, thanks

[Amethyst]

Re: MKDP LLP

Ok, Current Accounts are regulated by the CCA but they are exempt from PART V - which is the bit with s. 77 -79 (unenforceable agreement etc) so a ''CCA letter'' doesn't work on overdraft claims.

Asking for the contract/agreement in a CPR letter is fine as they have mentioned it within their POC which means they have disclosed it and will rely on it in court, so it is under that you argue for it, basically evidence a contract exists and the terms of such to evidence you breached the terms.

[nemesis45]

Re: MKDP LLP

I read /heard that overdrafts on current accounts " are captured under section 78 of CCA 1974" and can be subject to a CCA request.
Trouble is I can't find the reference now.

nem

[Amethyst]

Re: MKDP LLP

They aren't. Overdrafts are exempt from Part V of the CCA 1974. I'll dig out the determination.

[kentman2006]

Re: MKDP LLP

Thank you both. I have a week or so until I need to file my full online defence (which would obviously be along the lines of "claimant has been requested to provide......" etc, and that "I cannot therefore file a full defence until I have sight and know which way to plead"... which I used in my previous defence against Drydens Fairfax / Arrow. Meanwhile the letter to MKDP has gone off a few days ago.

[kentman2006]

Re: MKDP LLP

Hi Amethys / Nemesis
Just an update on this, going back to my post on 7 Feb, they have sent me (arrived today by normal post, not recorded), a couple of pages from the Lloyds database showing "passbook entries" for the last year of the account, which is about 3 sides of paper, mainly consisting of charges when I wasn't using the account.
As yet, they have not supplied (1), (2), or (3) from my original request. My online defence was filed about 10 days ago, so they only have another 18 to respond to the court.
Am I OK just to let this ride and await further copy documents and expiry of their response time ?
Thanks

[FlamingParrot]

Re: MKDP LLP

I read /heard that overdrafts on current accounts " are captured under section 78 of CCA 1974" and can be subject to a CCA request.
Trouble is I can't find the reference now.

s.78 of the CCA refers to credit cards. You are probably referring to these: http://www.legalbeagles.info/forums/...144#post312144 and this request for information: http://www.legalbeagles.info/forums/...781#post376781

[FlamingParrot]

Re: MKDP LLP

As yet, they have not supplied (1), (2), or (3) from my original request. My online defence was filed about 10 days ago, so they only have another 18 to respond to the court.
Am I OK just to let this ride and await further copy documents and expiry of their response time ?
Thanks

Yes, you can just wait and see if they send you something and whether they respond saying they wish to continue with the claim. :clock:

[nemesis45]

Re: MKDP LLP

Thank you, that I am aware of.

I recall this being a " paper" from a law practice from around 2013, I have so many on record I cannot find it.

nem

[kentman2006]

Re: MKDP LLP

Hi Amethyst & others
Just an update on progress of this. My defence was filed within time, and as of today (40 days), MKDP have not responded to my defence. They have only sent a brief summary statement of transaction which does not go far enough back to show accumulated bank charges. They have not sent the agreement, default or assignment notice as yet, nor have they sent me a "please give us more time to find...." letter.
I think I will leave it another 10 days or so just in case the court has a backlog, then issue them with the "withdraw or I'll apply to set aside" letter.
Any opinions would be appreciated, thanks.