Recieved a N1CPC from MKDP

**SPQR** · 14th May 2015, 14:33:PM

Re: Recieved a N1CPC from MKDP

[Removed]

**floody** · 18th May 2015, 07:43:AM

Re: Recieved a N1CPC from MKDP

Originally posted by SPQR View Post

Sorry, they have 6 years in which to bring a claim against you for the debt (s.6 Limitation Act 1980 - also see www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx)

Have they failed to do that tho? The credit card was taken out in 2007, defaulted in 09 and only recently receiving a CCJ

**nemesis45** · 18th May 2015, 08:41:AM

Re: Recieved a N1CPC from MKDP

Originally posted by floody View Post

Hi guys, been directed here from MSE. Ill share what Ive written on there with a bit more detail.

Hi guys,

Cutting a long story short, I owe MKDP LLP £833.72 from a credit card I had in 2007, default registered on 21st May 2009.

Yesterday morning I have woken up to a N1CPC which to me looks like a court form for the total of £893.72. I could realllllyyy do with not getting a CCJ here, considering I have worked so hard to get the defaults off my file and pay debt so I can buy a house this year. Finally in good standing and then this crap comes along!

Whats my best option? Considering the default falls off in 2 weeks, they arnt half crafty sods!

Help is much appreciated.

James

MSE has said something about Statue Barred because it was so long ago? Really could do with some sound help here as I know nothing about these sort of things

Thanks all.

As this is a credit card agreement (simple contract) what we need to know is when the last payment ( to any party) was made to the account, and if any unequivocal written acknowledgment of the debt has been made.

A default date is no a reliable indication as to the status of the debt in regard to section 5 of LA 1980, defaults can often be placed up to 6 months after the last payment.

MKDP attempts often to claim that the default date starts the 6 year clock which is wrong!!

nem

**floody** · 18th May 2015, 08:54:AM

Re: Recieved a N1CPC from MKDP

Hi Nem, the last payment was a very long time ago. Possibly 2008, and that was to the credit card with HSBC, i have never made a payment to MKDP. I have made no acnowledgment in writing to MKDP either.

**nemesis45** · 18th May 2015, 09:10:AM

Re: Recieved a N1CPC from MKDP

Ok,

What was the date of issue on MKDP's claim?
If it was issued after the debt " may" have been statute
barred then it can be set aside.

nem

**floody** · 18th May 2015, 12:52:PM

Re: Recieved a N1CPC from MKDP

The issue date is 7th May 2015.
Credit card was taken out 30/10/2007. Defaults on 21/05/2009
(falls off file in 3 days)

**nemesis45** · 18th May 2015, 12:55:PM

Re: Recieved a N1CPC from MKDP

Ok What date in May 2009.
DD/MM/yyy

Please.

**floody** · 18th May 2015, 12:58:PM

Re: Recieved a N1CPC from MKDP

updated above.

**floody** · 21st May 2015, 15:34:PM

Re: Recieved a N1CPC from MKDP

Can anyone offer any advice. This has been really getting me down. Aswell as very confused.

**nemesis45** · 21st May 2015, 17:39:PM

Re: Recieved a N1CPC from MKDP

That's the clue I was looking for Floody!!

MKDP are going I expect to claim that this cannot be SB because the claim was issued before the six year "life" of the default date has expired.

However they are wrong and know it.

What we are looking for is the date you last made any payment to the account it can be up to 6 month prior to the date the default was registered.

So the six years from the default has elapsed, today claim issued 14 days ago my guess is the last payment will be say at least a month earlier than the DD.

So the debt was statute barred before the claim was issued that is your defence,
James,
I'm going to suggest a letter to try and stop this now.

I'll post it up when I've check a couple of things.

nem

**nemesis45** · 21st May 2015, 18:03:PM

Re: Recieved a N1CPC from MKDP

Ok James,
This letter goes to:

Ms Sara Lambert
CEO MKDP
Address as on the claim form.

Date>>>>>>>>>>.

Ref: County Court Claim No...........................................:

Dear Ms Lambert,

I am in receipt of the above mention Claim issued on 07/05/2015.

I write regarding the status of the alleged debt in regard to the provisions of section 5 of the Limitation Act 1980.

The last payment to this account was in late 2008 the alleged debt is therefore statute barred and I will not make any payment now or in the future.

I am aware that MKDP has in the past claimed that the relevant 6 year period starts when it acquires a debt and also that the default date is the commencement of the 6 year period both assumptions are of course wrong.

MKDP is reminded that if it intends to rely on the Appeal Court Judgement in BMW Finance - v- Hart this judgement was in regard to an Hire Purchase Agreement not a simple contract.

Please confirm by return of post that MKDP has discontinued this claim in the interest of saving court tine and costs.

Should MKDP decide to pursue the claim it will be robustly defended.

Once that's in the post we can prepare a defence just in case.

If you haven't acknowledge the claim/ state intention to defend, do it now online a Money Claim online (MCOL) take careful not of passwords etc.

nem

I'll be around a while this evening if you need me, just mention nemesis45 in your post and I'll pick it up.

nem

**floody** · 21st May 2015, 19:05:PM

Re: Recieved a N1CPC from MKDP

Originally posted by nemesis45 View Post

Ok James,
This letter goes to:

Ms Sara Lambert
CEO MKDP
Address as on the claim form.

Date>>>>>>>>>>.

Ref: County Court Claim No...........................................:

Dear Ms Lambert,

I am in receipt of the above mention Claim issued on 07/05/2015.

I write regarding the status of the alleged debt in regard to the provisions of section 5 of the Limitation Act 1980.

The last payment to this account was in late 2008 the alleged debt is therefore statute barred and I will not make any payment now or in the future.

I am aware that MKDP has in the past claimed that the relevant 6 year period starts when it acquires a debt and also that the default date is the commencement of the 6 year period both assumptions are of course wrong.

MKDP is reminded that if it intends to rely on the Appeal Court Judgement in BMW Finance - v- Hart this judgement was in regard to an Hire Purchase Agreement not a simple contract.

Please confirm by return of post that MKDP has discontinued this claim in the interest of saving court tine and costs.

Should MKDP decide to pursue the claim it will be robustly defended.

Once that's in the post we can prepare a defence just in case.

If you haven't acknowledge the claim/ state intention to defend, do it now online a Money Claim online (MCOL) take careful not of passwords etc.

nem

I'll be around a while this evening if you need me, just mention nemesis45 in your post and I'll pick it up.

nem

Nemesis45, you are an absolute star!
Ive already defended and willing to take this all the way. What evidence will i need to gather for the defence?

Floody

**nemesis45** · 21st May 2015, 19:12:PM

Re: Recieved a N1CPC from MKDP

Basic and simple James, The date the last payment was made on the account.

May be worth a call to the card provider to see if they can tell you, or if you paid by DD the date the last one was actually claimed and paid.

Meanwhile let's see what Ms Lambert and her minions come up with.

nem

**FlamingParrot** · 21st May 2015, 20:14:PM

Re: Recieved a N1CPC from MKDP

Originally posted by floody View Post

Can anyone offer any advice. This has been really getting me down. Aswell as very confused.

Don't let it get to you, one thing I can tell you is that MKDP were defeated in court yesterday, :clap2::clap2::clap2: and the debt wasn't even statute barred, however, it was found to be irredeemably unenforceable.

Recieved a N1CPC from MKDP