Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

[tillydog123]

Received a claim? Yes
Issue Date: 30-3-2015
Amount approx: 4912.20
Claimant: MKDP LLP
Solicitor: none
Original Credit: Citi Cards Opus Cards

Particulars of Claim:
just a claim for 4912.20 i think, i dont have the original claim form

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
when i received the claim form on 30/3/15 i disputed the complete amount

i sent a form to set aside the judgement and paid approx 159 gbp

this set aside application was accepted and a date set of 18th september

i did not submit a defense and thought i did not have to do this as i was to attend in person

on the day of the hearing i suffered a diabetic incident and was unable to attend - but i did not inform the court

the judge dismissed the application and awarded costs od 120 to the claimant

i now have a ccj againt me for 4,912.20

i believe i can still defend myself but i need help!

should i apply for a re-instalment of the set aside or appeal?

obviously i am trying to stop any collectors from knocking on my door.....

please help!

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Received a claim? Yes
Issue Date: 30-3-2015
Amount approx: 4912.20
Claimant: MKDP LLP
Solicitor: none
Original Credit: Citi Cards Opus Cards

Particulars of Claim:
just a claim for 4912.20 i think, i dont have the original claim form

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
when i received the claim form on 30/3/15 i disputed the complete amount

i sent a form to set aside the judgement and paid approx 159 gbp

this set aside application was accepted and a date set of 18th september

i did not submit a defense and thought i did not have to do this as i was to attend in person

on the day of the hearing i suffered a diabetic incident and was unable to attend - but i did not inform the court

the judge dismissed the application and awarded costs od 120 to the claimant

i now have a ccj againt me for 4,912.20

i believe i can still defend myself but i need help!

should i apply for a re-instalment of the set aside or appeal?

obviously i am trying to stop any collectors from knocking on my door.....

please help!

Hello Tilly,

For clarification please.

1. You received a claim pack from Northampton County Court Business Center on 30/03/15?

2. Did you acknowledge service of the claim and intention to defend?

2(a) You now have a " judgement by default" against you?

3. Did you make and requests for information to the solicitors or the claimant.
i.e. A CCA request for a copy of the agreement relative to the debt? Or.
A request made under Civil Procedure Rule 31.14 (CPR31.14) for copies of the
documents mentioned in the Particulars of Claim ( POC) to the solicitors.

4. If you made those requests what was the outcome?


This is a little confusing you say you acknowledge the claim, and disputed the debt Correct?

You then talk about setting aside a judgement , what happened in between please?

What were your grounds for defending the original claim?

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

thanks for your response

please read after###

1. You received a claim pack from Northampton County Court Business Center on 30/03/15?###yes

2. Did you acknowledge service of the claim and intention to defend?###yes

2(a) You now have a " judgement by default" against you?###yes

3. Did you make and requests for information to the solicitors or the claimant.
i.e. A CCA request for a copy of the agreement relative to the debt? Or.
A request made under Civil Procedure Rule 31.14 (CPR31.14) for copies of the
documents mentioned in the Particulars of Claim ( POC) to the solicitors.###no i did not

4. If you made those requests what was the outcome?###see above


This is a little confusing you say you acknowledge the claim, and disputed the debt Correct?###yes, i contested the whole amount on the claim

You then talk about setting aside a judgement , what happened in between please?###i think after the claim pack was received, then i sent to the court the part where i state i intended to contest the full amount then some time elapsed and i asked for the set aside once judgement was made - i think - sorry to be so vague i travel a lot with my work and lost track of things- but i can call the court and verify, what questions should i ask please?

What were your grounds for defending the original claim?###i had received no documents from mkdp concerning this alleged debt until i received the claim

please help, thanks

tilly dog

- - - Updated - - -

hi nem

i think i did not do anything after i contested the claim, this is why eventually the judgement was made

thanks

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Ok this needs thinking about.
What was the basis of the dispute.

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

obviously i have been an idiot not to file a defence etc, but i am totally focused now - thanks for your help so far

i have looked through all of my papers - i have found letters from mkdp

here is the sequence of events

1. mkdp send several collection letters in the last year or so which i totally ignore with no action

2. a claim pack is received from northampton county court on 30/3/15 - i reply disputing the complete amount - but i do not file any defence at any stage

3. a judgement for 4, 912.20 is granted by the court by default

4. i then apply for the judgement to be set aside which is granted and the hearing is set for 18th september 2015

5. unfortunately i assume that all i need to do is turn up at court and try to defend myself, so i did not file any defence with the court or mkdp

6. before the hearing mkdp sent me 2 letters, again i did not request any of these documents:

a. 7th september 2015 - credit card statements and a redacted template default notice, a mkdp statement with no detail of how the final figure is computed
b. 14th september 2015 - a copy of a credit agreement supplied by the original lender

7. i suffer a diabetic incident (which could be confirmed by my doctor in writing) and do not attend the set aside hearing, but i do not contact the court

8. the judge dismisses the application on the grounds of non attendance and no defence filed


so, can i still re-apply for a set aside or do i have to appeal?

as to my defence, can mkdp claim for a debt when i never signed an agreement with opus, the card was originally citi cards?
can they rely on a redacted credit agreement?
does the fact that the card was taken out pre 2007 make a difference?
anything else you can think of please?

shall i upload all of the docs sent by mkdp?

note - all correspondence from mkdp has been direct, they don't seem to be using a solicitor

i await your reply and thanks so far

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

obviously i have been an idiot not to file a defence etc, but i am totally focused now - thanks for your help so far

i have looked through all of my papers - i have found letters from mkdp

here is the sequence of events

1. mkdp send several collection letters in the last year or so which i totally ignore with no action

2. a claim pack is received from northampton county court on 30/3/15 - i reply disputing the complete amount - but i do not file any defence at any stage

3. a judgement for 4, 912.20 is granted by the court by default

4. i then apply for the judgement to be set aside which is granted and the hearing is set for 18th september 2015

5. unfortunately i assume that all i need to do is turn up at court and try to defend myself, so i did not file any defence with the court or mkdp

6. before the hearing mkdp sent me 2 letters, again i did not request any of these documents:

a. 7th september 2015 - credit card statements and a redacted template default notice, a mkdp statement with no detail of how the final figure is computed
b. 14th september 2015 - a copy of a credit agreement supplied by the original lender

7. i suffer a diabetic incident (which could be confirmed by my doctor in writing) and do not attend the set aside hearing, but i do not contact the court

8. the judge dismisses the application on the grounds of non attendance and no defence filed


so, can i still re-apply for a set aside or do i have to appeal?

as to my defence, can mkdp claim for a debt when i never signed an agreement with opus, the card was originally citi cards?
can they rely on a redacted credit agreement?
does the fact that the card was taken out pre 2007 make a difference?
anything else you can think of please?

shall i upload all of the docs sent by mkdp?

note - all correspondence from mkdp has been direct, they don't seem to be using a solicitor

i await your reply and thanks so far

tilly

Good morning Tilly,

The agreement supplied by MKDP may hold some interesting/useful information.

1. Does your name and address appear on the agreement exactly as it was when the agreement was signed and have Citi's details as well?

2. Is there a set of Terms & Conditions for the Citi Account?

3. Is there any mention of Opus with the agreement supplied?

4. Is the agreement claimed to be a reconstituted copy of the agreement?

Yes please upload PDF copies of the documents.

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

thanks for your response, please read after ###

The agreement supplied by MKDP may hold some interesting/useful information.### i hope so

1. Does your name and address appear on the agreement exactly as it was when the agreement was signed and have Citi's details as well?###yes

2. Is there a set of Terms & Conditions for the Citi Account?###yes but looks generic

3. Is there any mention of Opus with the agreement supplied?not on the citi credit agreement, but there is an opus agreement supplied which also looks generic and i never signed it 2010

4. Is the agreement claimed to be a reconstituted copy of the agreement?###not sure

Yes please upload PDF copies of the documents.###all docs uploaded

i wait your reply and thanks again

tilly

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

more files attached thanks

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

yet more files attached

thanks

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

yet more files

thanks

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

further files thanks

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

while we are discussing all of this, if bailiffs arrive what should i do please?

thanks so much for your help

regards

tilly

[nemesis45]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

while we are discussing all of this, if bailiffs arrive what should i do please?

thanks so much for your help

regards

tilly

Hello Tilly responding to your PM>

These "agreements" some questions please.

On the Citi agreement: Does Your Name and address appear on this exactly as it was when the account was opened?
Is there a signature panel anywhere?

Did you ever actually sign an agreement with Opus?

nem

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

Hi nem
thanks for your reply
the address on the citi agreement is exactly the same but it does look like its retracted
there is no signature panel anywhere on the citi or opus agreement
i never signed an agreement with opus
what do you advise?
thanks
richard

[tillydog123]

Re: Court Claim - MKDP LLP / Citi Cards Opus Cards - 30-3-2015

hi nem

please could you advise on my answers above

thanks

tilly