Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Received a claim? Yes
Issue Date: 29-5-2014
Amount approx: 4000
Claimant: MKDP
Solicitor: MKDP LLP
Original Credit: Morgan Stanley / Barclaycard

Particulars of Claim:
...agreement originally between defendant and Barclaycard... Assigned to the claimant on 28/06/2011, notice provided to defendant... Failed to make payments...

Stat Barred?

Have sent: Acknowledged the Claim

Other Info:
Can we just confirm that statute barred would commence if 6 years lapse before the date on a County Court Claim form?
My last payment was 12 sept 2008
The claim form is dated 29 may 2014

[Wombats]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

The commencement of proceedings (-ie- when the court receives the claim form) stops the clock running for the cause of action on which you are relying for it to be Statute Barred.

Quite often, when disputing parties are in settlement discussions and the expiry of the limitation period is near, the claimant will commence proceedings which are then put on hold whilst settlement disucssions continue.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Can we just confirm that statute barred would commence if 6 years lapse before the date on a County Court Claim form?
My last payment was 12 sept 2008
The claim form is dated 29 may 2014


Also MKDP have only provided (so called) statements back to the beginning of the Barclaycard takeover of Morgan Stanley. Is it foolish to assume they don't have statements from MS as this is who the last payment was made to?
I could therefore claim statute barred.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[QUOTE=Wombats;484665]The commencement of proceedings (-ie- when the court receives the claim form) stops the clock running for the cause of action on which you are relying for it to be Statute Barred.

So we could say...

Issue date 29 May
day of service +5 days
time limit for response +14 days

= 17 June

[Wombats]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

You can get the information by sending a SAR to MS, but that needs 40 days. You will need to send a CCA agreement off to MKDP as well asap with a postal order for £1.00

[Wombats]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

[QUOTE=Twin;484670]

The commencement of proceedings (-ie- when the court receives the claim form) stops the clock running for the cause of action on which you are relying for it to be Statute Barred.

So we could say...

Issue date 29 May
day of service +5 days
time limit for response +14 days

= 17 June

I'll leave that one for the court people to answer! :tinysmile_twink_t2: I don't 'do' court really, just read about them as I'm trying to learn. Sorry.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

They've already sent me copies of the agreements but should I expect a notice of assignment?

[Wombats]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

An SAR would get the NOA and Default Notice. MKDP will have the NOA - at what stage they would be expected to produce it I don't know, as I say, I'm in the very early stages of trying to get my head round correct procedure for court proceedings.

There is a good guide on the site - have you read it?

http://www.legalbeagles.info/forums/...-a-Court-Claim

Scroll down to 'Title / Thread Starter' and immediately below that are a series of very useful 'Stickies'

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

If last payment was Sept 2008 and the claim is dated May 2014 then no you won't be statute barred under the limitations act.

If the claim was dated 29th May then you must be further along than just acknowledging the claim - it sounds like you have sent the CPR and CCA requests ? and had a copy of your agreement back ?

Exactly what stage are you at with the court claim, should be coming up to a hearing date really by now?

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

I've just received an Allocation to Small Claims track notice.
I'm trying to use mediation but can never get through on the phone so sent an email.

Although I never sent a formal CCA request MKDP have sent me copies of original contract with MS, new terms applicable to Barclaycard, some dubious statements and a default notice from Mercers.
I wasn't sure if they were obliged to send me a NoA too?

My statute barred argument was on the assumption (hope) that they couldn't get hold of any statements from Morgan Stanley as it was over six years ago and the account wasn't migrated to Barclaycard ie. allocated a new number and not actively used.
I've just sent SAR to both Barclaycard and MS to see what info they do hold.

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Why do you say they are dubious statements?

Does the original contract all look right - contain all the relevant terms etc?

By the sounds of it from the limited info I have you may well be best using mediation to try and negotiate a settlement. If you are relying solely on the hope they don't have evidence of payments between April and September 2008 you're kind of winging it a bit and I'd try and negotiate a tomlin order to keep them from getting a CCJ.

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

The statements are just a4 print outs with words and numbers scattered about the page! There's no formatting whatsoever. You've really got to study them to figure out what's going on. As there are no transactions they are pretty much statements of default with interest added.

Yeah the original contract seems fine but feel free to advise me on anything in particular I should look out for.

Yes I wholly agree, I'm very much clutching at straws here.:tinysmile_cry_t:

Could you briefly describe in layman's terms a tomlin order and the process of negotiating this.

Thanks for all your help.

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Would you be able to take a photo or scan the agreement you have received and email me a copy - or upload it on here ?

Basically you want to check the agreement is for the right product, from the right date, that it contains details of the interest rate, repayment terms, cost of credit - that all terms are present (eg does it refer to a term that isn't on the document and that you don't have)

[Amethyst]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

Tomlin Order - basically a consent order, you agree a settlement or instalment arrangement with the claimants on the condition the claim is just held in court and no judgment is asked for whilst you keep up with your side of things, and they have it as security in case you default (I'll find an example for you) Once agreed you both sign and lodge that with the court, then if either of you break the terms of that agreement you can return to court (more likely to be them to get judgment if you failed in your payments)

Here's a couple examples

http://i390.photobucket.com/albums/o...rs/bcsett2.jpg

http://s236.photobucket.com/user/rip...tter4.jpg.html

http://i1238.photobucket.com/albums/...1.jpg~original

[Twin]

Re: Court Claim - MKDP / Morgan Stanley / Barclaycard - 29-5-2014

But can I agree to a settlement without admitting liability??
Or would you word it... "in the event that I am found liable..." and go to court anyway?

I'll see if I can scan it in later and post it up.