Help please ...MKDP are relentless.......

**nemesis45** · 22nd November 2015, 17:10:PM

Re: Help please ...MKDP are relentless.......

Originally posted by Imeldacat View Post

I am in dispute with MKDP over a credit card and their failure to produce a CCA agreement. I received notification that they were going to pursue me through the county court just under a year ago and so far have sent them and Barclay card a subject access request but have still not received a copy of the CCA agreement that I have been requesting from MKDP and previous companies like them. I have not made a payment on the card since September 2009. I have now received a letter from the court stating the following " It is ordered that unless the defendant do by 4:00pm on the 27th November send to the court and to the claimant an amended defence the original claim shall be struck out and the claimant be at liberty to enter judgement"
I am assuming that this is in response to the fact that Barclay card and MKDP sent me a wad of statements after I sent my Subject access request. Can my defence still be that they have failed to supply me with a CCA agreement? Can I state that I need this to pursue a counter clain for missold PPI? Will be grateful of any advice.....

Hi welcome to LB,

If there is no CCA then the debt cannot enforced, but the data you have received maybe an attempt at producing a " reconstituted agreement" was this term mentioned at all?

Forget counter claiming at this stage you are likely to have judgement awarded against you if you run out of time!!

What was the core of the defence already submitted?
On exactly what date was the court claim issued?

nem

**pt2537** · 22nd November 2015, 18:45:PM

Re: Help please ...MKDP are relentless.......

Originally posted by Imeldacat View Post

I am in dispute with MKDP over a credit card and their failure to produce a CCA agreement. I received notification that they were going to pursue me through the county court just under a year ago and so far have sent them and Barclay card a subject access request but have still not received a copy of the CCA agreement that I have been requesting from MKDP and previous companies like them. I have not made a payment on the card since September 2009. I have now received a letter from the court stating the following " It is ordered that unless the defendant do by 4:00pm on the 27th November send to the court and to the claimant an amended defence the original claim shall be struck out and the claimant be at liberty to enter judgement"
I am assuming that this is in response to the fact that Barclay card and MKDP sent me a wad of statements after I sent my Subject access request. Can my defence still be that they have failed to supply me with a CCA agreement? Can I state that I need this to pursue a counter clain for missold PPI? Will be grateful of any advice.....

How much are they claiming?

You have an unless order so it is important that the order is complied with, and that the defence is properly pleaded raising all of the issues which you will seek to rely on.

Can you please advise when the agreement was executed? how old is the card? was it before 2007 or after? do you recall signing a credit agreement??

**Imeldacat** · 23rd November 2015, 18:33:PM

Re: Help please ...MKDP are relentless.......

Hi Nemesis
Thank you for your reply. Yes , they have used the term "reconstituted agreement " and my defence has always been that they have never sent me copy of my CCA agreement ( there isn't one!!) This remains the case! The court claim was issued roughly on December 12th 2014. Am guessing then that my defence should remain the same. Am just not sure of wording etc. Again, any advice gratefully received.

Originally posted by nemesis45 View Post

Hi welcome to

If there is no CCA then the debt cannot enforced, but the data you have received maybe an attempt at producing a " reconstituted agreement" was this term mentioned at all?

Forget counter claiming at this stage you are likely to have judgement awarded against you if you run out of time!!

What was the core of the defence already submitted?
On exactly what date was the court claim issued?

nem

**Imeldacat** · 23rd November 2015, 18:45:PM

Re: Help please ...MKDP are relentless.......

Thanks kati The card is about 6 years old and I never signed a credit agreement. All I have received from them is terms and conditions and statements . Am guessing that my defense will remain that they have failed to comply with requests for a copy of the CCA agreement but am just wondering how to word this . Again, thank you for your reply and any advice gratefully received. They are claiming £5,0000 or thereabouts.......

**nemesis45** · 24th November 2015, 10:32:AM

Re: Help please ...MKDP are relentless.......

Originally posted by Imeldacat View Post

Hi Nemesis
Thank you for your reply. Yes , they have used the term "reconstituted agreement " and my defence has always been that they have never sent me copy of my CCA agreement ( there isn't one!!) This remains the case! The court claim was issued roughly on December 12th 2014. Am guessing then that my defence should remain the same. Am just not sure of wording etc. Again, any advice gratefully received.

Good morning PT has given you good advice, so take a look at some of the threads with defences it will give you an idea of format and wording make a draft and post here and we can go through it with you.

nem

**Imeldacat** · 24th November 2015, 18:27:PM

Re: Help please ...MKDP are relentless.......

Hi Nemesis
i was going to amend the defence below. I received a copy of a default notice and statments following a SARS request in June this year. I have never received a copy of the CCA ( there is not one as I never signed for the card). I was going to add that MKDP have not only failed to comply with a request for documents required to defend myself but also that the court had instructed them to send me a copy of the agreement, a full breakdown of how the amount was calculated ( would statements suffice in this instance? ) by the 15th may. They did not comply with this request. They claim to have sent me a reconstituted agreement which consists of statements and terms and conditions ( no date) . So was also going to add this. Would this suffice?
Once again thank yo so much for your advice. I need to get this to the court and MKDP by 4pm Friday so will have to get it finalized tomorrow night... Thank you.

1: I received the claim [Claim Number] from the [Name of Court - often Northampton or Salford] County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or[The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated .................................................. ....

-----------------------------------------------------------------------------------------------

**Imeldacat** · 25th November 2015, 18:01:PM

Re: Help please ...MKDP are relentless.......

Hi
this is my final defence, if anyone can offer any further advice before it is posted tomorrow that would be appreciated
1:This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

4: The particulars of claim fail to state when the agreement was entered into.

5: Despite request the Claimant has failed to produce a Deed of Assignment. The defendant does not recall receiving notice of Assignment from Barclaycard to MKDP.

6: On the 25.02.14 and on the 25.11.14 I I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to MKDP. I requested the Claimant provide copies of the agreement and Deed of Assignment.

7. The claimant has not sent either of these documents to me.

8; . On the 25.02.14 and the 25.11.14 I sent a formal request for a copy of the original agreement to MKDP pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

9. On the 15/06/15 I made a subject access request to both Barclay card and MKDP but have not received a Agreement, Deed of Assignment or indeed anything with my signature, date the agreement was entered in to or how the figure in dispute has been reached. The court also instructed MKDP to supply me with a full break down of how the amount was calculated and a copy of the agreement by the 15^th May 2015. To this date I have not received this information.

10: The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

11. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. This alleged debt has been disputed since 2009 and numerous requests made to supply me with the documents I require to defend the claim.

12: 14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed …………………………………………

Dated .................................................. ....

**nemesis45** · 25th November 2015, 18:45:PM

Re: Help please ...MKDP are relentless.......

Where did the part re the Deed of Assignment come from I don't think that was mentioned anywhere in the POC or anywhere else?

The DOA is the contact between the debt seller (creditor) and the debt purchaser (MKDP) it's considered a
commercially sensitive and confidential document. The Notice of Assignment sent by the creditor and/or the debt purchaser
is what you can request. i.e. only the documents specifically mentioned in the POC.

nem

**Imeldacat** · 25th November 2015, 20:16:PM

Re: Help please ...MKDP are relentless.......

Right on . thank you . I will amend my defence.

Help please ...MKDP are relentless.......