MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

[clastewart]

Your AAD Forum Username

clastewart

Name of Claimant

MKDP LLP (Fast Track)

Name of Claimant's Solicitors

MKDP LLP

Claim Issue Date

12 January 2015

Who Signed the Claim Form?

The Solicitor Firm (MKDP LLP)

How much is being Claimed?

Over £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

15 January 2015

Details of Claim

The Claimant claims the sum if £10,367.31 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 22/03/2011, 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 £10,367.31 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

[Never-In-Doubt]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

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

Smaller claim is here --> http://forums.all-about-debt.co.uk/s...-December-2014

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

[Undercover Elsa]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Diary dates for reference:
Claim Issued: 12.01.2015
AOS: Done
Defence due: 13.02.2015

[clastewart]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Hi,

Letter from MKDP dated 30th January stipulating, (following my CCA and CPR request) that they need up to 8 Weeks to contact the original lender to acquire the documents that I have requested. In that time they won't enter into Judgement or any applications against me.

The court advised me to send a copy of this letter along with a letter saying that I have until the 27th March to submit my defence? I did this on the 02.02.15.

John is looking into seeing if he can take this on, on a CFA. hope so??

[marypoppins]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Hi,

Letter from MKDP dated 30th January stipulating, (following my CCA and CPR request) that they need up to 8 Weeks to contact the original lender to acquire the documents that I have requested. In that time they won't enter into Judgement or any applications against me.

The court advised me to send a copy of this letter along with a letter saying that I have until the 27th March to submit my defence? I did this on the 02.02.15.

John is looking into seeing if he can take this on, on a CFA. hope so??

Hi clastewart

Having had previous experience with MK, I just wondered how this is going?

[Undercover Elsa]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Me too

Is everything on track Clastewart, did your defence go in?

[CleverClogs (RIP)]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Letter from MKDP dated 30th January stipulating, (following my CCA and CPR request) that they need up to 8 Weeks to contact the original lender to acquire the documents that I

I may be old fashioned, but I would have expected the cheeky buggers to have obtained those documents before they started the claim.

If they cannot provide even a credible, reconstituted "twue copy" of the agreement, section 78(6) of the CCA should prevent them getting a CCJ in their favour.

[PlanB]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

I may be old fashioned, but I would have expected the cheeky buggers to have obtained those documents before they started the claim.

If they cannot provide even a credible, reconstituted "twue copy" of the agreement, section 78(6) of the CCA should prevent them getting a CCJ in their favour.

I agree Cloggy.

Clastewart can you give us an update on how things are going please.

Plan B xx

[clastewart]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

HI All,

Sorry for the delay haven't logged on for a while, had a few other things to deal with. My defence was submitted on the 13th March by my solicitor. MKDP produced a recon CCA document 10 days or so before defence was due. On their covering letter they put the other account number (for my other claim) and also put two different addresses in the terms and conditions and a different one from 18 odd years ago on the agreement page, no signature and illegible. They have not produced the said documents which they stated on my court claim form, i.e. the default notice, notice of assignment. My solicitor has also submitted an application to the court for disclosure of the outstanding documents. Its all a waiting game now!!!

Hope this helps
clastewart xx

[Never-In-Doubt]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Thanks for the update - is MSB helping with this now then, as per our referral?

[clastewart]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Yes he is and is doing a great job. Thank you

[Never-In-Doubt]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Yes he is and is doing a great job. Thank you

awesome thanks

[Undercover Elsa]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Excellent, thanks for the update Clastewart

[CleverClogs (RIP)]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Sorry for the delay haven't logged on for a while, had a few other things to deal with. My defence was submitted on the 13th March by my solicitor. MKDP produced a recon CCA document 10 days or so before defence was due. On their covering letter they put the other account number (for my other claim) and also put two different addresses in the terms and conditions and a different one from 18 odd years ago on the agreement page, no signature and illegible.

If the document is illegible, then MKDP has not complied with the request.

See Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 - link

[Undercover Elsa]

Re: MKDP LLP ( XXXXXXXXXXX ) v clastewart - Issued 12 January 2015

Hi Clastewart,
How's it going? Could you update us on both your claims?

Elsa x