Court Claim - MKDP LLP / Lloyds - 20-5-2015

[FlamingParrot]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Thank you so much again for your kind response. Your help and reassurance is so comforting.

Well, as you may remember, I put both the CCA and CPR requests in early and although I've received something which they might want to pass off as a valid document I am not so sure if it would qualify for the fulfillment of those requests? The letter that accompanies the document simply states "Please find enclosed a proof of service of the Default Notice supplied by the original lender in relation to the above claim." The document itself is what appears to be a screen print of a system that they must use in house - 'Fair Isaac' software? This simply shows some basic details about me (name, address & DOB) and some details about the card such as the balance, last payment, Default Notice service date etc. Is this a compliant response to the CCA and CPR requests do you think?

Morning

In a word, no, it isn't a full response to your requests, however, it's a partial response to your CPR request. Default Notices are not usually saved by banks as individual files because they are mail-merged and as you have seen, all the bank will have is details about the issue of the notice on their database rather than a copy of the actual notice. That means a DN would have been issued, and in all fairness, it would be unusual for a bank not to issue one at all. The main issue concerning DNs is whether they are compliant with the requirements of s.88 of the CCA, however, you'd need to have your own copy to be able to spot any mistakes. :mmph:

The DN is just ONE of the documents you'd have requested, there would also be the agreement and the notice of assignment. If they've not sent copies of those, they've not fulfilled your CPR request.

There is also the CCA request, which is totally separate from the CCA request. If they've not responded to that one with a true or recon copy of your agreement, they are still in default and cannot enforce. :thumb:

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Hi there FP,

I have just tried to send this as a PM but it wouldn't allow me to so I've edited it a little and am posting it here in the hope you'll see it somehow.

I am writing with my tail between my legs, white flag waving etc to apologise for not getting around to thanking you for all of your help in getting the above claim against me discontinued last year.

I have recently begun a new thread as another one of my creditors has made a claim against me and I have been made aware that the thread came to an abrupt end without conclusion.

Just for your information, I received a letter from MKDP to say that they'd discontinued the claim with the court and I wouldn't be taken to court for the time being. I was of course so relieved that I hadn't got to go and it was the end of November by then so Christmas was upon me and I just allowed my mind to move on to other things. I'm sorry.

Please accept my sincere apologies for that. I hope you believe me when I say that I am sincerely grateful for all of the help and support that you gave me to get to that stage. I could not have done it without you. Thank you so very much.

My very best wishes,

ITM

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Hi there FP,

I have just tried to send this as a PM but it wouldn't allow me to so I've edited it a little and am posting it here in the hope you'll see it somehow.

I am writing with my tail between my legs, white flag waving etc to apologise for not getting around to thanking you for all of your help in getting the above claim against me discontinued last year.

I have recently begun a new thread as another one of my creditors has made a claim against me and I have been made aware that the thread came to an abrupt end without conclusion.

Just for your information, I received a letter from MKDP to say that they'd discontinued the claim with the court and I wouldn't be taken to court for the time being. I was of course so relieved that I hadn't got to go and it was the end of November by then so Christmas was upon me and I just allowed my mind to move on to other things. I'm sorry.

Please accept my sincere apologies for that. I hope you believe me when I say that I am sincerely grateful for all of the help and support that you gave me to get to that stage. I could not have done it without you. Thank you so very much.

My very best wishes,

ITM

Hello ITM,

FP no longer contributes here.
Good news on the discontinuation!! Was the claim discontinued after your defence was filed.

nem

- - - Updated - - -

Hi there FP,

I have just tried to send this as a PM but it wouldn't allow me to so I've edited it a little and am posting it here in the hope you'll see it somehow.

I am writing with my tail between my legs, white flag waving etc to apologise for not getting around to thanking you for all of your help in getting the above claim against me discontinued last year.

I have recently begun a new thread as another one of my creditors has made a claim against me and I have been made aware that the thread came to an abrupt end without conclusion.

Just for your information, I received a letter from MKDP to say that they'd discontinued the claim with the court and I wouldn't be taken to court for the time being. I was of course so relieved that I hadn't got to go and it was the end of November by then so Christmas was upon me and I just allowed my mind to move on to other things. I'm sorry.

Please accept my sincere apologies for that. I hope you believe me when I say that I am sincerely grateful for all of the help and support that you gave me to get to that stage. I could not have done it without you. Thank you so very much.

My very best wishes,

ITM

Hello ITM,

FP no longer contributes here.
Good news on the discontinuation!! Was the claim discontinued after your defence was filed.

nem

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Hi there Nem!

Thank you for responding and for letting me know that. I hope things ended on a positive note.

Yes, they wrote to let me know they'd discontinued it after my defence had been filed.

[nemesis45]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

Hi there Nem!

Thank you for responding and for letting me know that. I hope things ended on a positive note.

Yes, they wrote to let me know they'd discontinued it after my defence had been filed.

Good that means they can't try again with the same rubbish!!

nem

[Inthemire]

Re: Court Claim - MKDP LLP / Lloyds - 20-5-2015

That's good to hear Nem. I have been asking about this very thing in another thread (Discontinued Claim - What now?) as I was unsure what it meant in the long term and whether (as they discontinued the claim) I would need to declare it as a current debt if I were to discuss my situation with an advisor at the CAB or Debtline etc? I've got lots of strings I need to pull together you see and I'm not sure how I stand in relation to this.