Another week passes, and MKDP LLP chose not to pursue a claim, a claim they would have us believe was sooo solid, a claim which they thought they were going to win, and get costs, a claim that they said they were sure was strong and would succeed at trial.
Sadly the truth was their claim was hopeless, it was soo sick that if it were an animal the only humane thing would have been to put it to sleep!!.
Fortunately though we had used part 18 to our advantage, we had them in all kind of trouble. Notwithstanding the fact that the credit agreement was illegible and therefore didnt satisfy the s78(1) CCA request that had been made, not withstanding the fact that the agreement did not contain all of the prescribed terms and therefore was unenforceable, this case fell over on the Default notice.
A part 18 request was made asking for clarification on two points relating to the default notice. The first question was when was the Default notice sent to the Defendant, the second was what type of post was used.
The answers were, second class post and the date given meant that the default notice had only allowed 7 days at most from when it was received for the Defendant to remedy the breach. The Default was invalid per HHJ Chambers QC in Harrison v Link Financial. It seems Barclays couldnt get it right when serving Default notices, even though the law was clear on what was needed.
So, we placed MKDP on notice of the issues in their case, and sadly they decided not to move forward and abandoned the claim. It goes to show that litigation is about using the rules to your advantage, and if you do so, then providing the opponents are wise, a claim can be brought to an end swiftly.