Claim Form from MKDP

[Dandy]

Hello there,Very new to this site and I am hoping that someone can help me with this.I have received a Claim Form from MKDP dated 22 May.Unfortunately this was delivered to my neighbour who has only just passed it on.This is all for an old Barclaycard debt.I have not heard anything from them until now.Here is where it gets tricky though.Around June 2010, I paid Baker Evans (Baines & Ernest) to take over this matter for me (I think the debt was from around 2008/2009).They informed me in writing that they had been contacting the creditors.I have moved a few times since then so cannot find all of the paperwork sent to them but I have emails etc from them.The last thing I heard was that I do not have to do anything else as I had paid and it was now all in their hands.So to receive this from MKDP is very much out of the blue.There are no attachments with this just the Claim Form.I need to respond to this claim but not really sure where to go from here.Any advice would be greatly appreciated.Many thanks,

I am unsure of how to upload this (without sounding very daft!).

[FlamingParrot]

Re: Claim Form from MKDP

Welcome aboard

Hello there,Very new to this site and I am hoping that someone can help me with this.I have received a Claim Form from MKDP dated 22 May.Unfortunately this was delivered to my neighbour who has only just passed it on.

That's OK, you have 14 days to acknowledge the claim so you're still in time. :thumb: And you should be able to do it online using the password printed on the claim form. :typing:

This is all for an old Barclaycard debt.I have not heard anything from them until now.

Every account is different, however, I can tell you someone appeared in court two weeks ago for a similar debt (a Barclaycard sold to MKDP) and MKDP LOST! :whoo:

Here is where it gets tricky though.Around June 2010, I paid Baker Evans (Baines & Ernest) to take over this matter for me (I think the debt was from around 2008/2009).They informed me in writing that they had been contacting the creditors.I have moved a few times since then so cannot find all of the paperwork sent to them but I have emails etc from them.The last thing I heard was that I do not have to do anything else as I had paid and it was now all in their hands.

Were they supposed to get this debt ruled unenforceable or somehow have it 'written off' for you, as was often advertised at the time? I assume they wouldn't have made any payments into the account if that was the case.

Any idea when you last made a payment? If it was over six years ago, the account could be statute barred. :grin:

So to receive this from MKDP is very much out of the blue.There are no attachments with this just the Claim Form.

When claims are issued electronically via Money Claim Online (MCOL) there's no requirement to attach any documents. You can, however, request them.

You should send a CCA request to the claimant (MKDP) and a CPR 31.14 request to whoever is acting for them (details should be on the second box on the left hand side of the claim).

I need to respond to this claim but not really sure where to go from here.Any advice would be greatly appreciated.Many thanks,

Start by acknowledging service of the claim online. You'll find full details here: http://www.legalbeagles.info/forums/...it-Court-Claim

I am unsure of how to upload this (without sounding very daft!).

No worries, you may want to look at this thread: http://www.legalbeagles.info/forums/...r-details-safe

[Dandy]

Re: Claim Form from MKDP

Welcome aboard

That's OK, you have 14 days to acknowledge the claim so you're still in time. :thumb: And you should be able to do it online using the password printed on the claim form. :typing:


Every account is different, however, I can tell you someone appeared in court two weeks ago for a similar debt (a Barclaycard sold to MKDP) and MKDP LOST! :whoo:


Were they supposed to get this debt ruled unenforceable or somehow have it 'written off' for you, as was often advertised at the time? I assume they wouldn't have made any payments into the account if that was the case.

This was for bankruptcy proceedings. Looking at an old email they started taking payments from me in September 2010. From what I can see from my bank statements, over the period 2012/2013 I gave them £1,115. This was for their fee and Court fees etc.

Any idea when you last made a payment? If it was over six years ago, the account could be statute barred. :grin:

I am very sure that no payments have been made since I signed with Baker Evans in 2010 as they had told me not to make any payments.


When claims are issued electronically via Money Claim Online (MCOL) there's no requirement to attach any documents. You can, however, request them.

You should send a CCA request to the claimant (MKDP) and a CPR 31.14 request to whoever is acting for them (details should be on the second box on the left hand side of the claim).

Will this be helpful to my case in asking them for the original documents?


Start by acknowledging service of the claim online. You'll find full details here: http://www.legalbeagles.info/forums/...it-Court-Claim

I have filed the Acknowledgement of Service (I ticked the 'defend all of the claim' box which I hope is correct).

No worries, you may want to look at this thread: http://www.legalbeagles.info/forums/...r-details-safe

I will have a look at this so hopefully can navigate this site a bit better.

Thanks for your help so far - much appreciated :thumb:

Hello there,Very new to this site and I am hoping that someone can help me with this.I have received a Claim Form from MKDP dated 22 May.Unfortunately this was delivered to my neighbour who has only just passed it on.This is all for an old Barclaycard debt.I have not heard anything from them until now.Here is where it gets tricky though.Around June 2010, I paid Baker Evans (Baines & Ernest) to take over this matter for me (I think the debt was from around 2008/2009).They informed me in writing that they had been contacting the creditors.I have moved a few times since then so cannot find all of the paperwork sent to them but I have emails etc from them.The last thing I heard was that I do not have to do anything else as I had paid and it was now all in their hands.So to receive this from MKDP is very much out of the blue.There are no attachments with this just the Claim Form.I need to respond to this claim but not really sure where to go from here.Any advice would be greatly appreciated.Many thanks,

I am unsure of how to upload this (without sounding very daft!).

[Dandy]

Re: Claim Form from MKDP

Were they supposed to get this debt ruled unenforceable or somehow have it 'written off' for you, as was often advertised at the time? I assume they wouldn't have made any payments into the account if that was the case -

This was for bankruptcy proceedings. Looking at an old email they started taking payments from me in September 2010. From what I can see from my bank statements, over the period 2012/2013 I gave them £1,115. This was for their fee and Court fees etc.

I am very sure that no payments have been made since I signed with Baker Evans in 2010 as they had told me not to make any payments.

Will requesting a CCA be helpful to my case in asking them for the original documents?

I have filed the Acknowledgement of Service (I ticked the 'defend all of the claim' box which I hope is correct).

[Amethyst]

Re: Claim Form from MKDP

So did you go bankrupt ?

[Dandy]

Re: Claim Form from MKDP

Obviously not. I paid the company all what they told me too for Court fees etc but never signed an Affidavit at Court or anything. They told me I had done my bit although I know that sounds every naive

I am sorry that I could not get back to you sooner to answer your question.

[FlamingParrot]

Re: Claim Form from MKDP

This was for bankruptcy proceedings. Looking at an old email they started taking payments from me in September 2010. From what I can see from my bank statements, over the period 2012/2013 I gave them £1,115. This was for their fee and Court fees etc.

It sounds like they may have ripped you off if you didn't get rid of all your debts by going bankrupt as was presumably the reason for your having paid those fees to them. You may want to look at that side of things separately from your claim, which needs to be dealt with first.

I am very sure that no payments have been made since I signed with Baker Evans in 2010 as they had told me not to make any payments.

If you were still making payments in late 2009/early 2010 then this debt wouldn't be statute barred yet as it requires a six year period without any payments or written acknowledgment.

Will requesting a CCA be helpful to my case in asking them for the original documents?

Definitely, if you haven' sent one yet you should do so as soon as possible. You should also send the CPR request as indicated here:

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

I have filed the Acknowledgement of Service (I ticked the 'defend all of the claim' box which I hope is correct).

It IS correct. :thumb:

Obviously not. I paid the company all what they told me too for Court fees etc but never signed an Affidavit at Court or anything. They told me I had done my bit although I know that sounds every naive

OK, if you didn't go bankrupt this debt would still be 'live' so to speak, however, it doesn't necessarily mean it's enforceable. A few weeks ago a defendant I know appeared in court defending a Barclaycard that had also been purchased by MKDP and WON! :whoo:

Obviously every account is different, but we need to know a bit more about this account.

• When did you take out the card?
• How much are they claiming?
• Have you still got a copy of the agreement you had back in 2010?
• Any idea how you applied for this account, i.e. was it online, over the phone, in branch, through a mailout?

All these things can be relevant. :typing:

[Dandy]

Re: Claim Form from MKDP

I'm so sorry I haven't responded to this but I have not been able to access online but have appreciated your help so far.

The latest is that I acknowledged the claim and sent the CCA request to MKDP (they did not have a solicitor listed on the Claim Form) but never heard anything back. I have now received a Judgment in Default from the Court as it says that I didn't reply to the claim. The worse thing is that I only received it today and it is dated 24 June.

I'm in a real state now as to what to do as scared bailiffs will be knocking at my door.

Many thanks in advance.

- - - Updated - - -

In answer to your last question, I can't remember when I took card out but think it was around 2008/9. The amount they are asking for is £2,000. If I have to pay off instalments that's fine but it seems they want the whole amount!

[nemesis45]

Re: Claim Form from MKDP

I'm so sorry I haven't responded to this but I have not been able to access online but have appreciated your help so far.

The latest is that I acknowledged the claim and sent the CCA request to MKDP (they did not have a solicitor listed on the Claim Form) but never heard anything back. I have now received a Judgment in Default from the Court as it says that I didn't reply to the claim. The worse thing is that I only received it today and it is dated 24 June.

I'm in a real state now as to what to do as scared bailiffs will be knocking at my door.

Many thanks in advance.

- - - Updated - - -

In answer to your last question, I can't remember when I took card out but think it was around 2008/9. The amount they are asking for is £2,000. If I have to pay off instalments that's fine but it seems they want the whole amount!

Ok,
There is a backlog within the Court system at present.
What does the judgement order state " Payment in Full " Within x number of days.

If you acknowledged the claim how did you do this Money Claim on Line? by post AOS?
Have you proof of the acknowledgment?
Did you get proof of posting/ signed for post receipt for the CCA request.
Please tell us how this has got to this stage?
Then we can advise more easily.

nem

[FlamingParrot]

Re: Claim Form from MKDP

I'm so sorry I haven't responded to this but I have not been able to access online but have appreciated your help so far.

The latest is that I acknowledged the claim and sent the CCA request to MKDP (they did not have a solicitor listed on the Claim Form) but never heard anything back. I have now received a Judgment in Default from the Court as it says that I didn't reply to the claim. The worse thing is that I only received it today and it is dated 24 June.

Did you submit a defence? If you don't submit a defence within 33 days of the date printed on the claim, the claimant can request judgment.

I'm in a real state now as to what to do as scared bailiffs will be knocking at my door.

Although judgments can be enforced using bailiffs, it doesn't happen automatically. The judgment creditor would have to apply to the court for a warrant of control and you would receive a notice of enforcement giving you at least seven days before any visit. Even at that stage it is possible to apply to suspend the warrant so there's no need to panic. :thumb:

In answer to your last question, I can't remember when I took card out but think it was around 2008/9.

It would probably have been harder to defend than if it had been taken out prior to April 2007, that was my reason for asking the question.

The amount they are asking for is £2,000. If I have to pay off instalments that's fine but it seems they want the whole amount!

Default judgments are usually forthwith, i.e. requesting the whole lot. This is simply because they are made by court staff without looking at your circumstances.

Possible options:

1. If you were able to pay it in full within a month, the judgment would be wiped off the record.
2. Failing that, you can apply to the court for a variation so you can pay by instalments. When the order is made without a hearing, you can apply for a redetermination without paying a fee, however, it may be a bit late for that now as it looks like it has to be applied for within 14 days of the judgment being made. I was trying to double check because I remember it being 16 days, it may be 14 and 2 allowed for service in which case you may be only just in time! See this other thread I posted on earlier: http://www.legalbeagles.info/forums/...842#post558842
3. If you are out of time for a redetermination your other option would be to apply for a variation on an N245 application form. There's a £50 fee payable but you could qualify for fee remission. Form Ex160 explains it. I would give the redetermination option a try though, the letter you need to send is posted here: http://www.legalbeagles.info/forums/...841#post558841
4. Another option would be to apply for set aside, however, this would only be possible if you had submitted a defence and the claimant still requested judgment (in which case the court MUST set aside the judgment). If you didn't submit a defence, your application could be considered if you had a very good reason not to submit it (such as being in hospital) but you would also need to have a valid defence to the claim.