Hello...

[Amethyst]

Re: Hello...

kk ta Received the defence, it looks very good, a few amendments I'm just working through it now for you.

[pixy]

Re: Hello...

Thanks Amethyst for all your help with my defence. You're a legend, an inspiration to all!:cheer2:

[pixy]

Re: Hello...

Hi All,

I've now received the directions questionnaire which assigns the claim to the small claim track and have completed according to the thread kindly posted by Amethyst (N180 - Directions Questionnaire Small Claims Track). Have also received a completed directions questionnaire from MKDP agreeing the Small Claims Track and asking the case be heard in their locality (sneaky buggers!).

Is there anyway I could note on the form that I am happy to agree the mediation service SUBJECT to MKDP supplying the documents upon which they rely previously requested under CPR31.14?

Rgds pixy xx

[pixy]

Re: Hello...

Hi All,

Sorry about the delay in updating this thread as this matter was out of sight (hence out of mind). Have now received Notice of Hearing scheduled for 13 March 2014 that requires all parties to file documents upon which they intend to rely, no later than 14 days before the hearing. To my understanding that would mean I would need to file my documents by 28 February 2015 (7 days time).

I have not received any documentation from MKDP supporting its claim but have received a "Statement" from them dated Dec2014 for the period 01/12/2013 - 30/11/2014 showing opening and closing amounts that INSINUATES that I have an account with them.

I am uncertain what documents I have to file for the hearing as I have not received any documents from MKDP that I need to defend? I have filed my defence but that's about it.. I've read somewhere that I need to file a witness statement but not sure how to write this.. Pls see sanitised copy of Notice (Hearing) attached. I've contacted the court to hear if they've paid the fees which they have (last December).

Any help will be greatly appreciated...

Tx, Pix

[Amethyst]

Re: Hello...

Hi Pixy, Well yes they have taken a while to get you a hearing date.

You'll need to file a Witness Statement and any documents you have that you can rely on to show your case. Firstly though do you know if the claimant has paid the hearing fee ? It may be worth checking that with the court as it was due 7 days ago.

Is the debt a credit card, and there's no cca or docs supplied by MKDP other than a statement ? Is the statement fro then the account was with HSBC or MKDP ?

I'll check back on my pm's for the defence so I know what we're talking about

Ooo and here's a bit of help with Witness Statements http://www.legalbeagles.info/forums/...ness-Statement

[pixy]

Re: Hello...

Hi Amethyst,

Thanks for the prompt reply..! Everything seems fine then all of a sudden I get thrown into this sense of anguish and anxiety with a Court date. Aaargh!

To reply your questions:

- MKDP paid the fee in December and then shortly after sent me a statement.
- The statement is on MKDP header paper and confirms;
> "Statement in relation to the below Agreement which is governed by the Consumer Credit Act 1974"
> The Account name has been noted as my personal name.
> A reference number which appears to be an MKDP reference number
> Original Creditor as HSBC.
> Original Reference Number which I think could be a possible CC account number.
> Confirmation of Legal Fee equating £410 as at xx July 2014.
> there is no calculations noted on the statement just an Opening balance, Total payments received (as NIL) and closing balance which is approximately £500 more and exactly equates the sum being claimed at court.

Then at the end of their Statement the cheeky sods also have a 'Dispute Resolution' statement confirming to contact them first (else Financial Ombudsman), but they've failed to supply any information as previously requested and even confirmed that they were NOT in receipt of the documents and needed to contact the OC.

Not sure what the are trying to prove with this statement or if they are just trying to create a file of sort....

Will go through the link detailing the Witness Statement. Thanks hun!

If okay will pm you my draft witness statement...

Regards, Pixy

[Amethyst]

Re: Hello...

Thanks Pixy, I'm going to crash for tonight but I'll come back to you tmw xxx [MENTION=6]Amethyst[/MENTION]

[pixy]

Re: Hello...

Thanks Pixy, I'm going to crash for tonight but I'll come back to you tmw xxx @Amethyst

Thanks Hun!
Goodnight xx

[pixy]

Re: Hello...

Hi All,

Having now gone through the example witness statements as recommended by [MENTION=6]Amethyst[/MENTION] (thanks hun ), I managed to create a draft witness statement reflecting what has happened to date. Any advice to help tidy it up will be hugely appreciated!!

Regards! pixy



IN THE XXXXXXXXX COUNTY COURT
Claim No. XXXXXXX

BETWEEN:

Claimant
MKDP LLP

AND

Defendant
XXXXXXXXX

_________________________________

WITNESS STATEMENT OF XXXXXXXX
_________________________________



I XXXXXXXXXXXXXX, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the (DD/MM/YYYY), I received a claims form from the County Court Business Centre, Northampton, for the amount of £XXXXXXX.

2. The particulars of claim state that this claim is for “a regulated agreement originally between the Defendant and XXXX Bank”. I have no idea what this is.

3. The particulars of claim state that the Agreement was defaulted but there were no details about when the default occurred, the degree of default or details as to how the sums claimed have accrued.

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

5. The particulars of claim fail to confirm the Claimants rights to raise a claim against me.

6. On (DD/MM/YYYY) I made a formal written request to the Claimant requesting that, under CPR 31.14, the Claimant provide copies of all documents mentioned in the statement of case and upon which it relies [EXHIBIT A].

7. On (DD/MM/YYYY) I made a formal written request to the Claimant requesting that, pursuant to Section 10 of the Data Protection Act 1998, the Claimant permanently cease, processing all personal data of which I am the data subject [EXHIBIT B].

8. On (DD/MM/YYYY) I made a formal written request to the Claimant requesting, under the Bills of Exchange Act 1882, that the Claimant verify the claim brought against me, that the Claimant validate of the Debt (actual accounting), that the Claimant provide a copy of the contract signed by both parties and that the Claimant provide a true and certified copy of the Original Note [EXHIBIT C].

9. On (DD/MM/YYYY) I made a second formal written request to the Claimant requesting, under the Bills of Exchange Act 1882, that the Claimant verify the claim brought against me, that the Claimant validate of the Debt (actual accounting), that the Claimant provide a copy of the contract signed by both parties and that the Claimant provide a true and certified copy of the Original Note [EXHIBIT D].

10. On (DD/MM/YYYY) I made a third formal written request to the Claimant requesting, under the Bills of Exchange Act 1882, that the Claimant verify the claim brought against me, that the Claimant validate of the Debt (actual accounting), that the Claimant provide a copy of the contract signed by both parties and that the Claimant provide a true and certified copy of the Original Note [EXHIBIT E].

11. On (DD/MM/YYYY) the Claimant replied to my request under CPR 31.14 wherein the Claimant confirmed; that they were NOT in possession of the documents requested, that the Claimant would request such documents from the original lender and that such request could take up to 8 weeks to fulfil [EXHIBIT F].

12. On (DD/MM/YYYY) I responded to the Claimants letter dated (DD/MM/YYYY) confirming my concerns that the Claimant had brought a claim against me without any form of evidence and that under Sections 77-79 of the Consumer Credit Act 1974 the Claimant ought to furnish me with a copy of the Agreement upon which their claim is based. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5 [EXHIBIT G].

13. I have not received any of the documents mentioned in the claimants claim form or as requested under CPR 31.14.

14. On (DD/MM/YYYY), the Claimant issued me a Statement on their header paper for the period 01/12/2013 – 30/11/2014 confirming an opening balance, a legal fee and a closing balance equivalent to the sum being claimed [EXHIBIT H].

15. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXXXXXX under account reference XXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXX BANK PLC in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

I, XXXXXXXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________

[Amethyst]

Re: Hello...

balls I said I'd come back then didn't - feel free to bug me by PM xx

Looks good, excellent actually - tho I'd forget 8,9,10 myself but that's just my personal preference

In 15 add in something like ' and I am unaware of any debt owing to any account held in the past with xxx BANK PLC.

and add to the end somewhere that you do not know how the amount claimed has been calculated, or if the claimant has the legal right to claim any alleged debt from you.

xxx

[pixy]

Re: Hello...

Bless you heart Amethyst!!

I get you're everyone's saving grace so, more than happy and grateful for whatever time you can spare really! :tinysmile_twink_t2:

I've amended the witness statement and decided to incorporate 8,9 & 10 as a single point, just sothat the documents are noted somewhere on the court files. It now reads:

"8. On 06, 09 & 12 August 2014, I made three separate formal written requests to the Claimant requesting, under the Bills of Exchange Act 1882, that the Claimant verify the claim brought against me, that the Claimant validate the Debt (providing actual accounting), that the Claimant provide a copy of the contract signed by both parties and that the Claimant provide a true and certified copy of the Original Note [EXHIBIT C]."

I've also incorporated your recommendations in 15 (which is now numbered 13) and also added an additional point as follows:

"13. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXX Bank PLC under account reference XXXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Bank PLC in the past however the account number given does not relate to any information I have and I am unaware of any debt owing to any account held in the past with XXXXX Bank PLC, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

14. Failing the Claimants ability to produce documentation to justify, support and evidence their Claim, I do not know how the amount claimed has been calculated, or if the Claimant has the legal right to claim any alleged debt from me."

Hope this reads better..

Regards! pixy

[Amethyst]

Re: Hello...

Yes I can cope with that

[Amethyst]

Re: Hello...

no you don't need a draft order, just the witness statement and exhibits. YOu do need to send copies to the Claimant as well as the order is to file and serve, so overall you will need three copies, one for you, one for judge and one for claimant.

[pixy]

Re: Hello...

Hi All,

Have now received a witness statement from MKDP. I can't believe they've attached template letters, reconstituted letters and extracts from other non-exhibited documents. They filed it late and not sure how to get the judge to disallow it...

The hearing is this Friday so really stressed by the whole thing. :shocked:

I've made a list of the documents asked under CPR 31.14 and noted what they've responded as follows:

1. Requested True Copy of Original Agreement
RECEIVED 4 documents in their witness statement to purport and constitute the alleged Credit Agreement:
- Credit Agreement dated 2005 provided but with no terms and conditions and without the alleged Credit Card Account Number. The Credit Agreement was not signed/initialled on every page, only the last one with what looks like my signature (three pages in total).
- Signed customer request on Bank header paper to open a Credit Card with my details and what looks like my signature (single page).
- Unsigned Application Record with my details (two pages)
- Unsigned Customer Experience Form with my details (two pages)

2. Requested True copy of Default Notice
- Template Letter provided on blank paper (not on BANK header paper) (three pages in total)

3. Requested True copy of Notice of Assignment
- Unsigned template letter provided on blank paper (not on BANK header paper) but with my details.

4. Requested True Copy of Deed of Assignment
- Not mentioned or supplied.

5. Requested Actual Accounting
- Random transactions provided on blank paper with only my name and the alleged account number and some figures for the period between July 2008 and December 2009.

What do I do now???

Any help would be much appreciated!

Regards! pixy