**Discontinued** Court Claim - MKDP LLP / Lloyds OVERDRAFT - 12-3-2015

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

I have received this letter from MKDP following my request for the documents. I didn't contact Lloyds as MKDP should have the documents that they are going to rely on in court. Therefore, as suspected they don't and it's going to take a while to get them.

Would my defence be and follow the same format as a credit card defence or is it different. And if it's different in what way and can someone help me with it?

Thanks in advance
Christine

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

I have received this letter from MKDP following my request for the documents. I didn't contact Lloyds as MKDP should have the documents that they are going to rely on in court. Therefore, as suspected they don't and it's going to take a while to get them.

It is remarkable how far MKDP will go into the court process even when the defendant is legally represented by a solicitor and the documents they've come up with are so inadequate, they wouldn't convince a five year old that what they have is a credit agreement, let alone a judge!

Would my defence be and follow the same format as a credit card defence or is it different. And if it's different in what way and can someone help me with it?

Have we established whether this is statute barred or not as per Andy's posts above?

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

I have received this letter from MKDP following my request for the documents. I didn't contact Lloyds as MKDP should have the documents that they are going to rely on in court. Therefore, as suspected they don't and it's going to take a while to get them.

Their letter is a generic response arguing that it will be allocated to small claims, to which you can also respond with a generic reply such as this one: http://www.legalbeagles.info/forums/...385#post410385

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi FlamingParrot,
Thank you for your response. It isn't SB but getting very close hence them coming out of the woodwork. I will send that letter to them and await their response. How long do I actually have after submitting the Acknowledgement of Service. I was a bit stupid and did it straight away, instead of waiting until nearly the last day!

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Can anyone help me with my defence? I have one that I have used for a credit card before but need I think it will need to be changed as this is for an overdraft.

Would be grateful if someone can help as time is running out. I have had nothing from MKDP despite my requests.


1: I received the Claim No. xxxxxx on xxxxxxxxxxxxxxxxDATExxxxxxxxxxxxxxxxx


2. The Claimant alleges that I am indebted in the sum of £xxxx being the amount outstanding under an agreement regulated by the Consumer Credit Act 1974 (“CCA”).


3: The Claimant has not provided me with a copy of the original credit agreement despite my having sent a formal request under s.78(1) of the CCA, with the statutory payment of £1, to the Claimants, who are defined as the Creditor by virtue of s.189 CCA 1974.


4. The Claimant's returned the payment contending they are not the creditor as envisaged by the CCA 1974 and have so far failed to properly comply with the request made under s.78 (1) and no agreement has been supplied.


5: Therefore by virtue of s.78(6) the Claimant is unable to enforce the agreement whilst their default continues.


6: The Claimants state that the debt was assigned to the Claimant on 14/7/2011, notice of which has been provided to the defendant.


7. The Claimants are put to strict proof that the alleged debt has been properly assigned. I have not, so far as I recall, received any notice of assignment to the Claimant from XXXXXXXXXXX. I have requested a copy of the assignment notice under CPR 31.14 but to date have not received a copy.


8. The Claimants state that a default notice has been served pursuant to the Consumer Credit Act 1974


9: The Claimant is also put to strict proof that a compliant Default Notice was served in relation to the alleged agreement pursuant to CCA s. 87 & 88 (1) thus giving right to demand immediate repayment of the sums claimed. I have requested a copy of the default notice under CPR 31.14 but to date have not received a copy.


10. As the case has not been allocated as yet it is my belief I am entitled to request copies of documents mentioned in the claimants statement of case under CPR 31.14.


11: I have contacted the Claimant on numerous occasions, and offered to agree to an extension to allow them time to send the documents to me. I ask, the Court asks the Claimants to provide me with the documents required to enable me to properly assess and plead my defence, and should the documents be provided allow me to amend my defence and ask the claimants to pay the costs of that amendment.


12. As things stand, it is denied the Claimant is entitled to the relief as claimed or at all.

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Bump


Could someone help me with this please?
Regards
Christine

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi christinez

For an overdraft you can't use the cca s.77-79 parts.

I'll have a read back through your thread and see exactly where you are at with this xx

Sharon

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

So this is a Lloyds account overdraft with a heap of charges within it ?

Have you read the judgment in Oliver Foster-Burnell v Lloyds Bank ?

Do you have your last statements and know how much you owed when you stopped using the account ? and thus how much is charges ?

Any DD's/SO's left set up on it ?

Angel's thread has a basic overdraft defence http://www.legalbeagles.info/forums/...4-DISCONTINUED to give you a starting point, but we do need to look in more depth at how the account worked since you stopped using it.

At the moment you are still on lack of documents so can use that, but we should include the UTCCR's as well.

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi FlamingParrot,
Thank you for your response. It isn't SB but getting very close hence them coming out of the woodwork. I will send that letter to them and await their response. How long do I actually have after submitting the Acknowledgement of Service. I was a bit stupid and did it straight away, instead of waiting until nearly the last day!

On this, the defence date remains based on the issue date - so your defence isn't due until about 13th April.

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi Amethyst,
The last statement I have from them is dated 02/02/2010 the last transaction on the account was 09/02/2010 but there is another transaction that related to the payment of a Lloyds TSB Credit card which they were helping themselves from out of the current account and I can only think that they were or have been doing this for years as the balance on this statement is £2,726.77. As I previously stated, I had to open an account with them as part of my employment with them. I was not given an overdraft at that point. The overdraft was put on after I had worked there for a while and then increased to 7K eventually as I asked for it. I never signed anything for the overdraft. There is nothing left set up on the account and it has not been used by myself since this date. MKDP emailed me yesterday to ask me to contact them to discuss the account. I emailed back and said I didn't want to discuss the account I just wanted the paperwork I've asked for in order to prepare my defence. So far I have received nothing from them apart from the letter I posted up.

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Okay so as far as you know the balance was £2726.77 when you stopped using it?

Do you know if they carried on taking payments from the overdraft to pay your credit card ? Does the credit card account show payments being made to it?

You should send a Subject Access Request to Lloyds - no need to inform MKDP you are doing so, but it would be useful to get the full transaction lists and details of charges. It won't arrive before you put in your defence but it will help hugely further down the line.

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

They are saying on my report that the default was 16/11/2012 but there has been no activity that I have put on there since 09/02/2012

[christinez]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Hi Amethyst,

That is the last statement I have from them and I have not had statements on my credit card for as long as I can remember, so honestly have no idea. I assume that they were taking the credit card payments from the account as otherwise I have no idea how it would have got to the current balance.

I will send the SAR request. Do I need to send them any money for the request?

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

£10. 00 Statutory Fee, they have 40 days to comply.
I believe Lloyds have a department to handle SAR's
In Hampshire ( possibly Andover) I'm sure someone
will know the correct address.

ne.

[Amethyst]

Re: Court Claim - MKDP LLP / Lloyds - 12-3-2015

Under the Data Protection Act you have the right of access to your personal data. The Act allows us to charge a fee of £10 for this service. If anything is inaccurate or incorrect, please let us know and we will correct it. For further details on how to request a copy of your information, please write to the:

DSAR Unit
Lloyds Bank
Customer Service Recovery
Charlton Place, C57
Andover, SP10 1RE


Put your bank account details AND your credit card account details on the letter. You want everything that covers both accounts.


Angel's thread is http://www.legalbeagles.info/forums/...4-DISCONTINUED