Recieved a N1CPC from MKDP

[FlamingParrot]

Re: Recieved a N1CPC from MKDP

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)

If it is your debt then I'm afraid I don't think you have any defence.

This isn't strictly true, it all depends on the individual case. See my post above, MKDP went all the way to court and LOST, :high5: despite the fact that it had also been the defendant's debt, it was found to be unenforceable. :juge:

The best thing you can do is follow the instructions on the N1CPC (where is says "If you agree with all of theclaim and are asking for timeto pay"). This involves sending form N9A direct to the claimant, and filling in box 11 making an offer for payment in monthly instalments. This might prevent a County Court Judgment against you.

Form N9A is available here: http://hmctsformfinder.justice.gov.u.../n009a-eng.pdf

The OP is likely to have received form N9A in the response pack, however, an admission is very likely to result in judgment against them. :scared:

CPR 14.9 states:

Request for time to pay

14.9
(1) A defendant who makes an admission under rules 14.4, 14.5 or 14.7 (admission relating to a claim for a specified amount of money or offering to pay a specified amount of money) may make a request for time to pay.

(2) A request for time to pay is a proposal about the date of payment or a proposal to pay by instalments at the times and rate specified in the request.
(3) The defendant’s request for time to pay must be served or filed (as the case may be) with his admission.
(4) If the claimant accepts the defendant’s request, they may obtain judgment by filing a request in the relevant practice form.

(5) On receipt of the request for judgment, the court will enter judgment.

When all else fails, it's better to use a Tomlin Order to agree the terms of repayment. A Tomlin Order has the effect of staying proceedings while the terms are kept to. The defendant has much the same obligation to make repayments but there is no CCJ on record.

[floody]

Re: Recieved a N1CPC from MKDP

Thanks all. That letter will be posted today and hopefully replied to very soon.

[nemesis45]

Re: Recieved a N1CPC from MKDP

Thanks all. That letter will be posted today and hopefully replied to very soon.

Good luck James,

Any developments just come back here!

As FP has said MKDP's cases are often flawed as it seems they may have been drafted by trainee paralegals or student with little experience of the consequences and practicality of the claims.

nem

[floody]

Re: Recieved a N1CPC from MKDP

Good luck James,

Any developments just come back here!

As FP has said MKDP's cases are often flawed as it seems they may have been drafted by trainee paralegals or student with little experience of the consequences and practicality of the claims.

nem

Lets hope that's the case Nem, sent off this morning first class recorded.

Will update when I receive a reply.

[nemesis45]

Re: Recieved a N1CPC from MKDP

Lets hope that's the case Nem, sent off this morning first class recorded.

Will update when I receive a reply.

Ok James!

nem

[Mr $quanda£ot]

Re: Recieved a N1CPC from MKDP

The person who beat MKDP on Wednesday is also a defendant in another, rather well-known case which was also successfully defended.

As at least in theory MKDP could still appeal, full details can't be released quite as yet.

Also, I think we should make sure that they are happy if their name is mentioned on LB.

[Amethyst]

Re: Recieved a N1CPC from MKDP

I don't actually recall the last time I heard of MKDP winning in court.

[Mr $quanda£ot]

Re: Recieved a N1CPC from MKDP

I don't actually recall the last time I heard of MKDP winning in court.

I'm sure they aren't going to appeal. Strange thing is that they actually turned up!

[Amethyst]

Re: Recieved a N1CPC from MKDP

Think they wing it now and then in the hope the other side don't bother.... lol.

[SPQR]

Re: Recieved a N1CPC from MKDP

Agree with FlamingParrot post#16 (I stand corrected - Tomlin order certainly makes more sense).

Having looked at limitation periods in the practitioner text (Chitty on Contract) agree with nemesis45 thatmost likely statute barred.

Good luck with the defence

[floody]

Re: Recieved a N1CPC from MKDP

Ok I have had a response today from the letter.

"We write with reference to your response to our claim.

Please be advised that we do not accept the terms of your defence and have therefore informed the county court Buisness centre that we intend to proceed with the claim.

The court will write to you in due course"

Now, is this a response to my letter, or a general response to me selecting to defend my case on the basis of "statue barred"

please advise. Thanks

[FlamingParrot]

Re: Recieved a N1CPC from MKDP

Ok I have had a response today from the letter.

"We write with reference to your response to our claim.

Please be advised that we do not accept the terms of your defence and have therefore informed the county court Buisness centre that we intend to proceed with the claim.

The court will write to you in due course"

Now, is this a response to my letter, or a general response to me selecting to defend my case on the basis of "statue barred"

please advise. Thanks

It is a response to your letter which you sent in addition to your defence. Normally the claimant doesn't have to write to you saying they wish to proceed with the claim and why, they'd inform the court and you'd just get an N180 directions questionnaire with proposed allocation to small claims, to fill in. In this case, they've written to you because you wrote to them. The letter is for information only, no action is required on your part until you receive the N180.

[nemesis45]

Re: Recieved a N1CPC from MKDP

This is MKDP true to form, it will never (and as far as my knowledge goes) has
not acknowledged any debt to be statute barred.
It then " rumbles on" for ages ignoring all contact and leaving claims stayed for
ever and a day.

Stick to Your Guns, MKDP Must prove the debt is not statute barred.

nem.