Judgement for Claimant

[Sleepless]

I have, today, received notification from Northampton County Court that judgement, against me, has been granted for the claimant (MKDP).

I acknowledged service and notified the court (online) that I disputed the claim. This was two months ago. In accordance with advice given by LB members, I wrote to the claimant requesting a copy of the loan agreement. This I have never received.

Can somebody please explain how MKDP have been granted judgement against me?

[Amethyst]

Re: Judgement for Claimant

Hi Sleeplesss, That will be because you didn't enter a defence or agree an extension with the claimant while you were waiting for the copy of the loan document - the judgment is judgment by default - which means a judge has not looked at the case, it is simply as no defence was entered.

You will now need to apply to set that default judgment aside. I'll see if I can find your original thread and put the pieces together and see what has occured xxx

Sharon
xx

[nemesis45]

Re: Judgement for Claimant

Hi, Did you not submit a defence, one you has acknowledged service you would have had 33 days in total
to submit your defence and return documents sent by the court at various stages of the process.

If you did not follow the instruction in the claim pack and on the forms and did not file a defence the claimant
is entitled to apply for summary judgement.

nem

[Amethyst]

Re: Judgement for Claimant

Okay I see.

http://www.legalbeagles.info/forums/...760#post532760

Default Re: MKDP LLP

I have now received a letter from MKDP stating that the are not able to supply the document I requested but, have applied to the original creditor for a copy. Apparently, this could take up to 8 weeks. They, also, pointed out that it is my responsibility to file an Acknowledgement of Service (done) or defence. They say that I can admit or deny liability without sight of any documents.

I was under the impression that it was an offence not to supply the copy loan agreement, which I requested, within x number of days.

Where do I go from here please?

So you still have an outstanding CCA request, the claim is for over £10k, it;'s MKDP claiming against a Loan with Lloyds Bank. You also sent a CPR 31.14 request - and the claim could be in the fast track - therefore you could have applied to the court to force their compliance with that. It isn't an offence any longer not to supply the CCA however without it they cannot enforce the debt (if the court is aware). They have (in my opinion) been naughty is requesting default judgment despite being fully aware you had requested the CCA and they were in default - I think that will be adequate reason to get the set aside - we should first write to them to ask them to consent to the set aside before we do the application.

Have a read of the information for applying to set aside a claim - you may be eligible for fee remission - http://www.legalbeagles.info/forums/...lication-notes

[nemesis45]

Re: Judgement for Claimant

Apologies post crossed!

nem

[Amethyst]

Re: Judgement for Claimant

my fault nem - should have checked the bottom xxxxx

[Sleepless]

Re: Judgement for Claimant

Thank you