hicab
-
Posts
38 -
Joined
-
Last visited
-
Thanks for that DX , always good to know whos who .
-
Hi again all, thought id update . I think due to Andys defence they had second thoughts (thanks again for that Andy ) and decided to leave the claim stayed for a while before admitting defeat and discontinuing just recently . They have now decided to sell it on to Hoist and Robbing way , who have now begun with their begging letters etc . No doubt they will soon realise they have purchased a dud and sell it on . And so here we go again . So a positive result regarding the Mkdp claim form . Many thanks again . Andy may i re,use the defence (updated to take into account previous events ) you kindly provided if any of the other DCAs decide to issue claim form .
-
Many thanks for that Andy . For now i think ill wait on the SAR 40 days up saturday to see what i can get from that , dont think i will be returning the consent order ( or maybe i will with my offer of 10 pence a month ) with the accidental mistake you highlighted Will wait to see if they comply fully with previous requests and will read up some more, no doubt will be back here for further assistance from you good folk . Many thanks
-
Thanks for your input MIKE770 any hep is greatly appreciated . Have done SAR to HSBC already 40 days up this saturday so hoping that arrives without having to chase it up . Daughter refused offer of managed loan as repayments were too high . so assuming they lumped together to sell .
-
the onus is on them to prove that..... A. Its all one debt...which they cant. B. They can actually get a copy of the FL agreement...I doubt. B. Payment was credited to FL and not the current...which they cant. C. Whether the court would accept that its all one debt now...and therefore payment would interfere with the statute of limitations. Thanks for your input Andy . A. Does this not depend on the legalities regarding whether HSBC can amalgamate two different accounts into one without permission of the account holders . B. Should they succeed in getting the original signed loan agreement ( as account pre April 2007 ) this would show they are indeed two seperate debts . B. As payment was made with reference solely to current account (hoping SAR will show that MKDP purchased debts from HSBC with current account number only ) hard to see how they can claim payment went to some unmentioned account . C.Who knows what decisions judges can come to , surely they have to comply with the laws relating to the issues . I have searched around to see if i can find info on account amalgamation , not much out there regarding legalities of this . Also cant find anything conclusive as to whether payments made relating to a single account number can then be applied to another account due to account amalgamation without any specific mention of that account ( or as in this case MKDP seemingly having no knowledge of it ) . Andy i cant see any errors in consent form , but then ive never seen one before any ckue as to the error and how it might affect things . Also as this consent form is signed by MKDP already what would prevent me from putting a seriously low monthly payment say 10 pence , would this be deemed as unreasonable and therefore not acted on or would it just be accepted as its already signed . Just a thought i had . Thanks
-
hi andy thanks for looking in . first thoughts were that they had no idea that the loan was amalgamated within the current account , and my feeling is they believe if they can get copy of loan agreement that all is good for them to continue on with the claim . Also feel that the offer of discount means they desperate to get something . Would i be right in thinking the sending of the consent form for signing is them hoping to secure payment . Unsure as to where we stand regarding the £10 paid in 2013 as stated previously this was paid as purely relating to current account only never a mention of loan, with this in mind i still say the loan is statute barred and that payment can only have been applied to the current account as that is the only number they until now ever used . however as loan is amalgamated with current account im assuming they believe the payment to apply to the loan also thus preventing it from being statute barred . As for documents they list as sent default notice is the one they sent previously relating to loan account (before they mentioned anything about amalgamation ) terms and conditions same as before from 2007 so not Terms from inception of account which was 2004 And notice of assignment went to previous address . Should receive SAR details from HSBC shortly so might find out more info then . Your thoughts on where to go from here would be much appreciated . Hi Donkeyb thanks for looking in . I thought that was odd also as am i right in thinking without prejudice means it couldnt be used in court even if i wanted it to be .
-
Good day to you all received very quick response from MKDP regarding the defence that andyorchs compiled for me . Would be good to get your veiws hopefully andyorchs can look in .
-
Well many thanks for that Andy you are brilliant . MCOL site threw back an error number stating technical problems , so i emailed defence over explaining what happened quoting error number , as of yet i await their reply . Is that sufficient or should i do something else Many thanks for your help . Thanks again Andyorch called the court and defence safely delivered via email . I really appreciate you rushing to sort that for me , we are extremely lucky that there are people like yourself out there willing to help . So to you andyorch a very big thankyou and to my daughter who is responsible for this mess and stress a kick up the backside . Will keep you updated of any progress . Will also get some money off my daughter to donate to this site shortly . Thanks all and especially Andyorch
-
ready and waiting many thanks .
-
I bow down to your superior knowledge andy many thanks .
-
originally 100 but they raised it every time they took loan payments out without there being funds to cover payment then added charges each time final overdraft limit on statements listed at 527
-
both debts under current account number only loan account number never mentioned
-
loan = £1050 overdraft £721 including approx 425 charges thanks
-
£10 paid to MKDP under the current account number only no mention of loan account number so flexiloan statute but current account not due to this ten pounds . Thanks
-
Many thanks Andyorch
