Setting aside a judgment - MKDP LLP

[Dee2015]

Hi All,

I really need urgent help please.
I received a Judgment for Claimant for £10,780 dated 4th March 2015 - the letter was received on 10th March, 2015.
The claimant is MKDP and I have written to the address on the judgment for 'Consent to set aside judgement', and to request a copy of the credit agreement the alleged debt refers to.
I posted this letter on 11th March by recorded delivery but I have not received a reply back yet.
I did not receive any court claim forms previously but the judgment letter says 'you have not replied to the claim form'.
Do I complete a form N244 to apply for the judgment to be set aside straightaway or do I wait for MKDP to reply first?

What do I do next please?

Thank you - all advice gratefully received

[nemesis45]

Re: Setting aside a judgment - MKDP LLP

Hi Welcome to LB,
Why was judgement ordered in default did you not complete the acknowledgment of claim?
A letter is no good you will have to apply to the court (N244) to have the judgement set aside and pay
a fee £155.00.
The agreement is superceded by the court judgement and MKDP does not have to produce it now.
Wanting a copy of the CCA is not a valid reason for set aside, you Must have a viable defence to the original claim, and or be able to show that no claim was received and thus you could not defend.

What is the history of the debt?

nem
Another query, you have received the judgement order at your current address, are you saying the claim was sent elsewhere?
MKDP are not the most co operative at the best of times.

[Dee2015]

Re: Setting aside a judgment - MKDP LLP

Thanks for the quick reply.
No I did not complete an acknowledgement of claim because I did not receive one. But I did receive a judgement in default in the post at my current address.
I will send you the details of the debt in a minute - I have asked for a copy of my credit file and just going through it

[Dee2015]

Re: Setting aside a judgment - MKDP LLP

The debt relates to a Business overdraft with HSBC.
The details on my credit file are:
My credit file does not refer to HSBC at all; it says MKDP. Here is a snapshot of the account on my file with Callcredit & Equifax

Account opened

7 June 2006


Last Updated
18 February 2015
16 December 2014



Account Terms
Monthly repayments
Monthly repayments

Payments Started
Not Recorded
Not Recorded

Opening Balance
£10,831
£0

Lump Payment
Not Recorded
Not Recorded

Current Balance
£10,780
Closed 12 June 2009 (balance £10,780)

Credit Limit
Not Reported
Not Applicable

Monthly Change
£0
Not Available

Worst Status

D


D

A notice of default has been served - this usually arises from non-payment.
A notice of default has been served. This usually arises from non-payment.

Default Balance
£10,831
£10,831


Default Date
12 June 2009
June 2009

Default Satisfied Date
Not Satisfied
Not Reported




Reported Until
June 2015
June 2015

[nemesis45]

Re: Setting aside a judgment - MKDP LLP

It is odd that you have received the judgement at your address with no problem but did not receive the
claim documents, is there any other address that may have been used, is the address on the judgement
the same as on the credit report?

nem

[Dee2015]

Re: Setting aside a judgment - MKDP LLP

Hi there,

Yes the address on the judgment is the same as that on my credit file.
I did move house 3 years ago so I don't know if the claim docs went to a previous address.
I am just panicking now because I know time is of the essence in applying for a set aside to the Court

[nemesis45]

Re: Setting aside a judgment - MKDP LLP

To set aside you must have a viable defence to the original claim + the no receipt of original documents
What is the issue date of the claim?
Another point as this is an overdraft can you recall when the banks first " demand for payment in full" was made?

nem

[Dee2015]

Re: Setting aside a judgment - MKDP LLP

To set aside you must have a viable defence to the original claim + the no receipt of original documents
What is the issue date of the claim?
Another point as this is an overdraft can you recall when the banks first " demand for payment in full" was made?

nem

Ok thanks - what is a viable defence?
I have not had previous dealings with MKDP before.
I believe the demand for payment was made by HSBC around 2007
The issue date of the judment is March 4, 2015 - I don't know the issue date of the claim or is this the same date as the judgment?

[Streetwise]

Re: Setting aside a judgment - MKDP LLP

Ok thanks - what is a viable defence?
I have not had previous dealings with MKDP before.
I believe the demand for payment was made by HSBC around 2007
The issue date of the judment is March 4, 2015 - I don't know the issue date of the claim or is this the same date as the judgment?

First you need to go for set aside on the grounds that you never received the claim Form.
They at the moment have judgement and can ENFORCE.
If you get the judgement set aside you then need to check when the formal demand was made by the bank this is very important if going down the SB route.
Good luck and move fast.

[nemesis45]

Re: Setting aside a judgment - MKDP LLP

Hello Dee,
Were any payments made after that 2007 demand?
Need to research a little further but I am inclined
to think this may have been already SB when the claim
was issued.

nem