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Hi I was wondering if anyone would be so kind to help me write my defence against MKDP? I have this so far.....thoughts?
**** vs MKDP
1. I do not believe this agreement is between myself and Barclaycard.
2. Credit agreement which has been provided under statement of truth by ****** is from 2010. The address seems to be of a commercial property and one that I have never resided at. The terms and conditions are illegible and inadmissable as submission.
Judge Waksman discusses this as:
“If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78, or must the creditor provide a copy of the original agreement as well?”
. Accordingly, I conclude that Reg. 7 requires a copy of the executed agreement in its original form as well as a statement of the terms as they are at the time of the request.
The terms and conditions are from 2010 and the signed agreement is illegible and with the wrong address (a commercial property).
3.The Judgement clearly orders that a full statement of account showing how the sum claimed has been arrived at needs to be presented. The Claimant has yet again failed to provide this information.
4. Default notice was never received it was again sent to the commercial property and not my home address. There is no record of it being sent back but also no record of it being received.
5. I have not made a payment on this card since 2006 and would like to see which account the direct debits refer to.
6. I did not receive a Notice of Assignment from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.
**** vs MKDP
1. I do not believe this agreement is between myself and Barclaycard.
2. Credit agreement which has been provided under statement of truth by ****** is from 2010. The address seems to be of a commercial property and one that I have never resided at. The terms and conditions are illegible and inadmissable as submission.
Judge Waksman discusses this as:
“If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78, or must the creditor provide a copy of the original agreement as well?”
. Accordingly, I conclude that Reg. 7 requires a copy of the executed agreement in its original form as well as a statement of the terms as they are at the time of the request.
The terms and conditions are from 2010 and the signed agreement is illegible and with the wrong address (a commercial property).
3.The Judgement clearly orders that a full statement of account showing how the sum claimed has been arrived at needs to be presented. The Claimant has yet again failed to provide this information.
4. Default notice was never received it was again sent to the commercial property and not my home address. There is no record of it being sent back but also no record of it being received.
5. I have not made a payment on this card since 2006 and would like to see which account the direct debits refer to.
6. I did not receive a Notice of Assignment from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.
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