N1CPC from MKDP

jamesflood

Hi guys,

Cutting a long story short, I owe MKDP LLP £833.72 from a credit card I had 6 years ago.

on 21st May.. the default I have on file for this debt is going to drop off, so I have been giving these guys the run around until it does before i responded and made small payment arrangements of what I could afford.

This morning I have woken up to a N1CPC which to me looks like a court form for the total of £893.72. I could realllllyyy do with not getting a CCJ here, considering I have worked so hard to get the defaults off my file and pay debt so I can buy a house this year. Finally in good standing and then this crap comes along!

Whats my best option? Considering the default falls off in 2 weeks, they arnt half crafty sods!

Help is much appreciated.

James

jamesflood

infact, the credit card was 2007. The default has been on 6 years.

Thanks

molerat

You need to defend the claim using statute barred as the defence, follow the instructions in the leaflet. Do not ignore as you will get a CCJ.

sourcrates

Hi,
I'm afraid the default date, is very rarely the date the statute barred clock starts from.

The SB clock runs from the "cause of action" the point when a creditor could of taken legal action against you, this is normally after 3-6 payments are missed, i would not rely on the date the default drops off your file, as been the cause of action date.

It is likely this will not be SB till later this year.

Looks like you will either have to pay up, or make an arrangement to pay.

jamesflood

Will I get a CCJ regardless of what action I take? I'm obviously going to sort this out as soon as I can but am I stumped either way? I'm gutted. Lesson learned 😔

sourcrates

jamesflood wrote: »

Will I get a CCJ regardless of what action I take? I'm obviously going to sort this out as soon as I can but am I stumped either way? I'm gutted. Lesson learned 😔

Only way to avoid it is to settle in full now, make the creditor an offer to settle, or settle within 28 days of the judgement been awarded.

Otherwise, yes, you will have a CCJ.

molerat

When did you last make a payment or acknowledge the debt ?

jamesflood

in Feb i actually set up a DD to start paying it off but they took the money out and then returned it the same day, so that threw me a bit. Im going to make an offer on Friday when I get paid, what would you imagine was a fair offer? The total without the court fees is £837.

fatbelly

molerat wrote: »

You need to defend the claim using statute barred as the defence, follow the instructions in the leaflet. Do not ignore as you will get a CCJ.

I would go with this.


Use http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim for help

If the account was defaulted in May 2009, then the last payment should have been around Nov 2008 to Feb 2009. With a credit card the cause of action is very clear - you miss a contractual monthly payment, the clock starts ticking. If you only acknowledged the debt in Feb 2015, it should still be statute barred.

Molerat is correct that the timescales are important if you are going to avoid a judgement in default. No harm in going online now and acknowledging service, ticking I intend to defend in full - this then gives you 28 days from the date of service to get a defence in.

If the defence fails, then paying it off within 28 days stops the judgement from being recorded.

jamesflood

fatbelly, should I do that even tho I intend to pay it? Apologies for the dumb-founded questions i know nothing about this sort of thing.

happy_bunny_2

You could defend on the basis of it being statute barred.

If you win, no need to pay, or can negotiate a reduced payment amount to get rid of it.

If you lose, pay within 28 days. No CCJ registered.

Or just pay it now. I would make them work for it first though.

Whatever you do, you must respond to the court papers.