MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

[clastewart]

Your AAD Forum Username

clastewart

Name of Claimant

MKDP LLP (Small Claims)

Name of Claimant's Solicitors

MKDP LLP

Claim Issue Date

10 December 2014

Who Signed the Claim Form?

The Solicitor Firm (MKDP LLP)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

16 December 2014

Details of Claim

The Claimant claims the sum of £7,208.19 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The Defendant's account number was xxxx xxxx xxxx xxxx and was assigned to the Claimant on 11/04/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £7,208.19 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

[Never-In-Doubt]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

This has been referred to our Preferred Solicitor - no action necessary (there are two claims from the same creditor).

Larger claim is here --> http://forums.all-about-debt.co.uk/s...2-January-2015

We have asked solicitor to try and bundle the claims together into one bigger claim.... CFA hopefully

[Undercover Elsa]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

Defence would have been due on 12.01.2015. Was there an extension or was an embarrassed defence submitted?

[PlanB]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

Defence would have been due on 12.01.2015. Was there an extension or was an embarrassed defence submitted?

The OP says an extension to file the Defence was (begrudgingly) granted until 27th March 2015 by MKDP.

Although the letter I've seen simply says it will take up to 8 weeks to get the CCA so they confirm they "will not make any application or seek to enter a judgement" in the meantime. I don't read that as a definite "extension" so the court needs to confirm that they have been made aware of the "extension" agreed.

However if the Defence was due to be filed by 12th January I'm not sure how an extension can have been granted to the end of March since I thought 28 days was the maxiumum time that parties can agree an extension between themselves

I'm a cynic as you can tell.

[Undercover Elsa]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

Me too...That's correct, afaik the court will only allow another 28 days which takes us to next Monday 9th February.
Presumably John will be aware of this?

[clastewart]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

HI All,

I think there is some confusion between my two accounts?

This is the MKDP small claims, and I have already applied for the 28 day extension as MKDP needed more time to supply the documents. My defence for this claim is now on the 13th February 2015.
I have spoken with John the solicitor today and he is going to let me know if this is something that he can take on along with the other claim and let me know costs involved.

The other claim (fast track), MKDP wrote to me and said they needed 8 weeks to get the documents that I have requested. I sent this letter to the courts and told them that I now have 8 weeks to file my defence as agreed by the Claimant. I did call the court beforehand and they said this was the route to take due to their 8 weeks needed to gather/produce relevant documents.

Thank you

[PlanB]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

I think there is some confusion between my two accounts?

I think there is some confusion between my two brain cells

Thank you for clarifying things.

[clastewart]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

I get that a lot too

[PlanB]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

John @ MSB solicitors is now instructed on this claim

[SaltnVinegar]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

John @ MSB solicitors is now instructed on this claim

Fantastic another MKDP on its way!

[clastewart]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

hopefully

[Undercover Elsa]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

How's this going Clastewart? Is everything on track?

Elsa x

[PlanB]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

John @ MSB solicitors is now instructed on this claim

Can you give us an update clastewart

Plan B x

[clastewart]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

Hi All,

Ok an update on this claim is as follows;-

My defence was submitted on the 13th February. My solicitors pleaded a full defence, based on the recon CCA being illegible, not signed and no other documents i.e. notice of assignment and default notice. We
have filed the directions questionnaire and MKDP wrote to me with a copy of their questionnaire (they should have sent to my solicitor but sent to me) . So now we see what the next stage will be. Probably witness statements?

Hope this helps
Clastewart xx

[PlanB]

Re: MKDP LLP (Small Claims) ( XXXXXXXXXXX ) v clastewart - Issued 10 December 2014

Do you have an update on this MKDP claim?

Plan B x