County Court Claim Form Response?

[stokes]

Hi andy, didn't reply to your last message as i'd retired to my bed by then; didn't think you would have still been around at that time, do you get any sleep:sleep: No, still no response to my s78 nor to my CPR31.14 or 15.5, no surprise there then although I will wait until late Friday before filing my defense, just in case they leave it until the very last minute. Defense due to be filed by Sat 15th Jun.

 

Any way during my time away, besides going to work and looking after the grand-kids, I've been madly trawling through the posts getting info to help put my defense together in a way that i understand, but that doesn't look too ameturish and covers all the points in the poc.

 

Well I've got it together now:whoo: Would you have a look at it please and give any assistance before I submit it?

 

POC

"The Claimant claims the sum of xxx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard.

The Defendants account number was xxxxxxxxxx and was assigned to the Claimant on , 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. Th Claimant claims the sum of xxxx.xx and costs.

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction."

 

 

DEFENCE

 

I xxxxxx of xxxxxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP.

 

A copy of the regulated agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

Despite a request being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

The Defendant also requested via CPR15.5 for an extension to the filing date, to allow the Claimant additional time if required to obtain the relevant documents and thus allowing the Defendant to properly respond to the claim. Again there has been no reply to this request, despite the Defendant supplying an email address to facilitate a speedy response.

 

Due to the above, the Defendant is unable to file a properly particularised and pleaded defence and is only able to respond as below:

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Barclaycard.

 

 

2. it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

………..

 

Defendant

 

Thanks

Edited June 13, 2013 by stokes
left in my name address etc

[citizenB]

Have marked your S.O.S for andy's attention as soon as he logs on

[stokes]

thanks for that citb, nice to see you back, hope you had a good break, I bet it seems like ages now??

 

I've just received an email from MKDP LLP surprise, surprise and was just composing another thread because they seem to be trying to out trick me. will continue and post it on in a moment.

[stokes]

Hi out there, further to yesterdays post i have just received an email from MKDP LLP, no surprise there then that they've left it until the last minute! here it is below with my reply.

 

We write with reference to your request for disclosure and inspection of documents referred to in our statement of case under CPR 31.14.

 

We have requested said documents from Barclaycard, the Original Lender, and will revert back to you once they have been received. Please note that documents can take 6-8 weeks to be sent out and therefore we consent to your defence being filed at the Court up to 14 days after we have complied with your request.

 

Yours sincerely

 

Legal Department

MKDP LLP

 

Please give me a date; I will need a date to give to the Court, as you must know.

 

Please reply by return.

 

I thought that there was only an additional 28 days that could be given, according to their time frame, this will be well over that. Also i still maintain that Barclaycard have never had a notice of assignment or a default notice, my original agreement was with Goldfish and I've never had an account with the account number quoted.

 

I had proposed 13th July as the new date for filing. i need to get my response one way or the other by tomorrow the 15th. What do I do now:-x:confused:

Edited June 14, 2013 by stokes
added more info

[citizenB]

This is correct, the parties can only agree up to 28 days between themselves. I think andy needs to advise on this.

 

This is a shocking abuse of the system if they are unable to provide these for nearly 2 months !

 

I suspect that you are going to have to add their response to your defence somehow.. but andy will know what to do. I will add your post to the S.O.S

[stokes]

thanks cit b, thought as much and it does keep me biting my nails to the quick, thes people are despicable.

[AndyOrch]

Hi

 

Submit your defence as planned tomorrow and disregard their response...add to the defence that you have made a CPR request dated xx xxxxx xxxxx and that the claimant has responded that they are not in possession of any paperwork connected to this claim and that it will take 6/8 weeks to comply.

You can add that to point 3 of my defence above.

 

Regards

 

Andy

[stokes]

Thanks for that andy, so my defense is ok is it as it stands? Ii will just add the additional comment that you've given.

 

A grateful Stokes

[AndyOrch]

I would edit the beginning (that's not part of any of my defences)

 

A copy of the regulated agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form. They are not required to

Despite a request being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

The Defendant also requested via CPR15.5 for an extension to the filing date, to allow the Claimant additional time if required to obtain the relevant documents and thus allowing the Defendant to properly respond to the claim. Again there has been no reply to this request, despite the Defendant supplying an email address to facilitate a speedy response. ]I would incorporate that at point 3[/COLOR]

 

Due to the above, the Defendant is unable to file a properly particularised and pleaded defence and is only able to respond as below: I would lose that

 

Otherwise yes your good to go

 

Andy

[stokes]

thanks, Will do the adjustments now. is it ok to then let you have another quick peek. i know it's a pain but i do need my hand holding just at this moment:oops:

[AndyOrch]

No problem post your final version stokes.

 

Andy

[gem77]

subbing

[stokes]

Hi, well here goes, hopefully the final version of my defense:)

 

DEFENCE

 

I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP.

 

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Barclaycard.

 

 

2. it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Despite a request being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is still in breach of the s78 request.

 

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

 

The Defendant also requested via CPR15.5, dated 06th June 2013, for an extension to the filing date, to allow the Claimant additional time if required to obtain the relevant documents and thus allowing the Defendant to properly respond to the claim.

 

The Claimant has responded that, they are not in possession of any paperwork connected to this claim and that it will take 6/8 weeks to comply.

 

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

………..

 

Defendant

 

 

Oh and had another email from them, they really do keep trying to trip me up into defaulting, don't they?

pasted below for interest.

 

(my reply) As you must Know, the two parties can only agree a period of up to 28 days; the period of time you are suggesting is well above that, I will therefore be filing my defense by the 14 day period after Acknowledgment of service.

 

Regards

 

xxx xxx

 

 

-----Original Message-----

From: legal

To: xxxxxx

Sent: Fri, 14 Jun 2013 13:27

Subject: RE: MKDP LLP v xxx xxx

 

Dear xxxxx

 

There is no obligation to provide a specific date under CPR 15.

 

CPR 15.5 (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

As stated in our previous e-mail it may take 6-8 weeks for the documents you have requested to be sent to us. Once we receive the documents we will send them to you and notify the Court that we have complied with your request and that your defence should be filed within 14 days.

If you wish we will also notify the Court of our consent to this extension.

Yours sincerely

Legal Department

MKDP LLP

[AndyOrch]

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

 

 

DEFENCE

 

I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP.

 

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with Barclaycard.

 

 

2. it is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

Despite a request being made under the Consumer Credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request.

 

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim.

 

The Defendant also requested via CPR15.5, dated 06th June 2013, for an extension to the filing date, to allow the Claimant additional time if required to obtain the relevant documents and thus allowing the Defendant to properly respond to the claim.

 

The Claimant has responded that, they are not in possession of any paperwork connected to this claim and that it will take 6/8 weeks to comply.

 

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

You do not need a Statement of truth when submitting vis a MCOL.

 

Regards

 

Andy

[stokes]

Hi Andy, sorry to have disappeared, the old PC decided to have a breakdown with all of this work.

 

i will make the adjustment you've indicated, thanks for all of your help.

 

Guess what, yet another email from MKDP, what do you think? are they running scared or what??

 

The general rule is that pursuant to CPR 15.5 (1) the parties may agree that the period for filing a defence shall be extended by up to 28 days.

 

 

 

However, the White Book 2013, which provides guidance on the CPR, states in commentary under CPR 15.5.2 (Extension beyond 28 days) that, “Rule 15.5 is silent as to the position if parties wish to extend the period beyond 28 days. (04.12.2012)” We contend that if in agreement the parties may consent to an extension for filing the defence beyond 28 days. This would also satisfy the Overriding Objectives (CPR 1) in respect of co-operation between parties in the conduct of proceedings and preserving the Court’s resources. We believe that if an agreement for an extension can be agreed now it would save the Court’s resources at a later date should you decide to amend your defence once you receive the documents you have requested.

 

 

 

We look forward to hearing from you in due course.

 

 

 

Yours sincerely

 

 

 

Legal Department

 

MKDP LLP

 

[AndyOrch]

No that is quite true....but it usual by way of an application N244 with fee anything beyond the 28 days.You don't require an extension anyway..if they spent more time gathering the documents which the claim is based on rather than arguing the merits of CPR 15.5 ..we wouldn't be having this discussion now.

They can halt the default judgment if required ..that is true..but would you trust them? Submit the defence let them disclose at Standard Disclosure,thats about 8 weeks away so they have plenty of time.

[stokes]

Thanks for that, I will be filing my defense tomorrow 1st thing; I won't even bother replying to this last email.

 

Again thanks for everything; no dought will be back at a later date,

 

until then:hail:

[Escritor2013]

Hello Stokes - following this with interest - any news?

[citizenB]

Hello Stokes - following this with interest - any news?

 

The opposition have 28 days from the time that stokes entered his defence - so unlikely to be any news for at least another 2 - 3 weeks.

[stokes]

Thanks citB for answering Escritor,

 

Ii am in the waiting period and i'm assuming nothing will be coming from the Claimant and the claim will be stayed; i will possibly be looking at having it set aside, but will be coming back to cag for opinions at that time.

 

Whatever happens i will come back to post so that it will be of assistance to others.

 

Thanks to everyone so far.

[stokes]

Hello all,

 

Well spoke too soon on my last post; i received N180 form on Friday so it looks like MKDP are taking me up to the line, possibly hoping I'll give up. I have to return it by 29/07/2013.

 

I've still not had any information or paperwork from MKDP.

 

The first question on the N180 form requires me to agree or not, to the case being referred to the 'small claims mediation service' and attached is a form to complete for this service.

 

If my defence is that MKDP have not supplied me with the information required to confirm that I do owe them the amount they claim, how would mediation work or would i be seen by the Court as being obstructive under CPR if i declined?

 

Also am I able to send the completed N180 form electronically through MCOL?

 

Thanks:frown:

[citizenB]

There is no harm in agreeing to mediation - it shows you are being reasonable.

 

I am not sure if you can return the AQ electronically. I will ask for you.

[stokes]

Thanks CitB, that would be helpful to know, as I will be away visiting family for a week from Tuesday:-)

[citizenB]

Stokes, I think you might need to telephone Northampton for an answer !

[AndyOrch]

There is no harm in agreeing to mediation - it shows you are being reasonable.

 

I am not sure if you can return the AQ electronically. I will ask for you.

 

Afraid not the claim as been trans out of CCBC...MCOL has ended and in any event the DQ must be served on the claimant as well as your local County Court...that can not be done electronically.

 

Regards

 

Andy