Update: MKDP did not proceed having received my defence so my claim is 'stayed'. MKDP can continue with their claim if they wish but they will have to pay a fee to have it un-stayed. I can't remember exactly but I think the guy I spoke to said a claim has a lifespan of 6 mnths and 11 days (??!). After this time the claim is thrown out and if MKDP then wish to continue, they would need to start the claim from scratch with all the relevant costs again. Thanks everyone, DD

Thanks Andy, I'll be sure to keep you informed ;-)

This is my concern as I have heard nothing since submitting my defence

Thanks Andy. If not via MCOL will I be notified in writing from the courts on what action the claimant has taken? DD

Hi all. It's now been over 2 weeks since I submitted my defence but I have heard nothing. The most recent history on MCOL is that my defence was received. Do I need to call the courts or just wait? DD

MCOL confirms that '[my] defence was submitted on 12/04/2014' although it was not 'received' until yesterday, 14/04/2014. Does it matter that there was a delay in my defence being received or is this purely due to the weekend? What happens now ?? Is it worth me notifying MKDP directly, in writing, on what my defence is/to advise of the SB in an attempt to have them withdraw their claim, and ultimately save them time and money? Or would this count as acknowledging the debt? Or should I just allow the process to continue, whatever that may entail? DD

Defence submitted

Hi and thanks bridgart. I had found that thread and was looking at using some of what was discussed there in my defence. From what I can gather however, this debt is statute barred........ I'm just hoping someone will confirm that I'm correct and cast an eye over my proposed 'defence' before I submit it in the next 30 minutes or so. DD

I'm thinking this debt is statute barred!! I have found a letter from HSBC, dated Nov 2007, stating that '...we have received no credit since 22 August 2007...' Other than my quest for a refund of unfair bank charges, through the courts, I have had no contact with HSBC. There has been no written acknowledgment. The only activity on the account since this date was their own debit interest. Do I simply submit the following as my defence? 1 The Claimant's claim was issued on 10 March 2014. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £1302.42, or any other sum or relief of any kind, is denied . DD

This isn't going well! I don't really have a defence! I've had no reponse from MKDP but that isn't a defence in itself - it only forms part. My only ?defence is I can't find a DN from HSBC. I have most statements, relating to the bank account, credit cards and my graduate loan, but can't find this. This debt has arisen from unfair charges but again this is no longer a defence either. Is there anyway that the deadline to have a defence submitted to the courts can be extended? Any help really would be appreciated. DD

I now understand that this defence isn't for a current account - I did sort-of reognise this and removed the comment about a section 77/78 request...... I'm doing some more reading, namely on beereye's thread Bryan Carter / Lowell Court Claim Form DD

Hi all, As she herself stated, 389shell's (or rather her husband's) situation here is very similar to mine (albeit hers relating to a credit card and mine a bank account.) Thanks to long runs of 12hr shifts at work I now find myself rushing to have my defence submitted today. Other than the obvious plagerism (sorry Shell - and Andy!!!), is this slightly amended defence okay to submit as my own also? 1 :The Defendant accepts having had a bank account with HSBC Bank Plc in the past. It is not admitted that the amount claimed is outstanding. 2: It is accepted that the agreement was assigned to the claimant but with no admittance of the balance claimed. It is denied that I was ever served a Notice of Assignment and was unaware of the legal process of assignment of debts and felt pressured into making payments. 3: It is denied that the claimant can add sec 69 interest on to the amount claimed as per the County Courts Act 1984. It is my understanding that this is awarded at the courts’ discretion and therefore invalidates the amount claimed and is not a true reflection of any alleged indebtedness. 4: On receipt of the claim, the Defendant immediately requested copies of the documents which would support the claim. The request was made by a CPR 31.14 request. The Claimant has ignored this request and remains in default (I’m unsure if I can state this as I understand that they don’t HAVE to oblige??) . I understand that until their complience the Claimant is unable to request any relief or enforce any agreement. 5: Until such time the Claimant complies I, the Defendant, deny any liability to the Claimant and puts the Claimant 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6: As per Civil Procedure on Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7: On the alternative, if 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. 8: 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 at all. Thanks again, particularly to 389shell and Andy. DD

As it was thought would be the case it is now the 11th and I haven't received a response following my CPR 31.14 request What does this mean and where do I go from here? DD

Your item with reference XXXXXXXXXXXXX was delivered from our MILTON KEYNES Delivery Office on 03/04/14. So, I require a response by 10th April at the latest (...received by me within 7 days of receiving this letter.....), with which I then have 2 days as my deadline with the courts is 12th?

Thanks Andy. I'd just like to see that they have received it though because, until then (and the probable nil response they return), time is ticking down to have my defence filed. DD

Well, this is not helpful Royal Mail...... Item XXXXXXXXXXXXX was posted at XXXXXXXXXX on 31/03/14 and is being progressed through our network for delivery. 1st class as well!

Sent. I guess it's now just a waiting game....

Thanks Andy. I really appreciate your quick response to my seemingly silly questions :-/ DD

Hi, I have completed the acknowledgement of service form, albeit via MCOL, confirming that I intend to defend all of this claim. The claim refers to an unpaid overdraft with the current account. Using the CPR31.14 template relating to a current account (thanks!) I have drafted a version although I am a little confused over what is meant by some of the wording and hope to have it clarified before sending. I do not believe that will be counterclaiming against MKDP LLP, will I???, so have comfirmed only my intention to contest their claim. Do requests 1, 2 and 3 apply to all current accounts as standard? As can be seen in the particulars of claim above I can see only mention of the CCA 1974, 'terms of the bank account' and a statutory default notice that was served. The claimant is MKDP LLP, as opposed to HSBC (the original creditor), so request 4 is appropriate. Regarding request 1 (the agreement/overdraft facility confirmation and Terms and Conditions from that date) - although there is no specific 'agreement' mentioned in the particulars am I correct in thinking it is implied as it relates to a current account (which will therefore have had an agreement and associated Ts&Cs!!)? There is also no mention of an overdraft, although the account did have overdraft facility (so there should have been an overdraft facility confirmation?). Can I therefore continue with request 1 in its templated form? Regarding request 2, the demand/termination notice, as they have made no mention of this is this implied under the CCA1974? There is no specific mention of notice of sums in arrears although there is reference to "debit balance". Is request 3 a standard requirement and therefore applicable? Considering the above shouldn't the wording within the template say "...production of a verified and legible copy of each of the following document(s) mentioned, or implied, in your Particulars of Claim:....." I don't mean to appear pedantic, or cause any offense, I just want to ensure that I am doing this correctly and have no legal knowledge whatsoever. All the information available surrounding this request states that it should be sent to the solicitor named on the claim form. On my claim form, there is no solicitor mentioned but rather the claimant themself ('Claimant's Solicitor' is crossed out with XXXXX), who I'll abbreviate as SL. Should I therefore send my request to SL at MKDP LLP (by registered post)? I am also going to send a CCA1974 request to the claimant (again by registered post )? - again this is to MKDP LLP? But not addressed to anyone in particular? Despite both the CPR31.14 and CCA1974 requests going to MKDP LLP is it advised that these are still sent separately? Thanks in advance, DD

Thanks dx100uk

Thanks Andy. I had that page open alongside whilst I wrote my post but I apologise if I missed any details...... Name of the Claimant? MKDP LLP Date of issue – 10th March 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total). I calculate that gives me until 29th March to acknowledge and my defense by 12th April? What is the claim for / their particulars of claim (verbatim) The Claimant claims the sum of 1237 being monies due from the Defendant(s) to HSBC Bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 08/12/2011.The Defendant(s)'s account number was XXXX/XXXX. It was a term of the bank account that any debit balance would be repayable in full on demand.The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank Plc.The Claimant claims the sum of 1237 and costs. The Claimant has compiled, as far as is necessary, with the Pre-Action Conduct Practice Direction. What is the value of the claim? - the value of the claim is 1302 (after the court fee has been added). Is the claim for a current or credit/loan account or mobile phone account? Current account When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account was (?) assigned to MKDP LLP in Dec 2011 and it is they who have issued the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I didn't receive an (?) official Notice of Assignment but am in receipt of a letter dated March 2012 advising that my account had been sold to MKDP. Did you receive a Default Notice from the original creditor? I cannot find the Default Notice from HSBC but it is listed as 06/08/10 with the CRAs. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? I do not remember receiving any of these Why did you cease payments:- I disputed the debt with the original creditor, following an unsuccessful attempt to reclaim unfair bank charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I spoke on a couple of ocassions to advisors, in branch. My last conversation ended with my being advised to "have more money" in my account as a way to avoid such charges. I believe this was following yet another 'unfair' charge. I did not speak to them again except during proceedings for reclaiming charges. I made no attempt to enter a debt management plan.

So, I have received a claim form. Claimant is MKDP LLP, to whom HSBC Bank plc sold my account on 8th December 2011 (advised of in a letter from HSBC dated 5th March 2012). The same letter advised that MKDP LLP had appointed MK Rapid Recoveries as their servicing agents to manage my account on their behalf. Dated the same, I received a letter from MKDP confirming that HSBC had assigned all its respective rights, title and interest regarding my previous current account to them. Date of issue of claim form is 10th March 2014. If my calculations are correct, that gives me until 29th March to acknowlege and then, assuming it is appropriate, I will need to have submitted my defence by 12th April? The Particulars of Claim state: The Claimant claims the sum of 1237 being monies due from the Defendant(s) to HSBC Bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 08/12/2011. The Defendant(s)'s account number was XXXX/XXXX. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The Claimant claims the sum of 1237 and costs The Claimant has compiled, as far as is necessary, with the Pre-Action Conduct Practice Direction. The value of the claim is 1302 (after the court fee has been added). The current account was opened before 2007, as a student bank account, probably in '97. Prior to selling my debt to MKDP I had letters from HSBC, Metropolitan Collection Services, DG Solicitors, Central Debt Recovery, DLC and Newman & Co. Since MKDP took ownership letters have been received from MKDP, MK Rapid Recoveries, Raven Recoveries and Keynes Collections. The letters range from Urgent Communication, Urgent Notice, Final Demand, Final Discount Offer, Notice of Debt Recovery, Notice of Further Action, Settlement Offer, Final Notice, Final Demand, and (Feb '14) a Notice of Intended Legal Action (Keynes). For the reasons mentioned previously on this thread I ignored them all and have made no contact I didn't receive an (?) official Notice of Assignment but am in receipt of a letter dated March 2012 advising that my account had been sold to MKDP. I cannot find the Default Notice from HSBC but it is listed as 06/08/10 with the CRAs. Nor can I find any letters headed “Notice of Default sums”. I cerainly haven't received any in recent years. As detailed previously I dispute this debt which is secondary to bank charges and the snowballing effect they had on my finances. I unsuccessfully made a claim for refund of bank charges. I was incorrect in my details regarding the hearing for the removal of the stay, although I'm not sure of any relevancy now. My (new at that time) employer wrote to the court and requested that the hearing be postponed or rearranged as it would detrimental to my training to have any time off around that time. On the General Form of Judgement or Order received this was refused and my application to have the stay removed was dismissed. I did move house not long after starting this new employment and therefore missed any further communication from the courts. I freely admit that, due to family life and work concerns, I have allowed my financial concerns to go unaddressed. My partner and I got back together and have since gone on to have a second child (who is now 4 years old!!!) Although I am now in a better financial position, debts are still present from my past and are being kept 'at bay' by my continuing token payments from years ago. What are my options? I still feel strongly that I was treated unfairly regarding the bank charges affair but this is probably an entirely different matter now? Could this form any part of a suitable defence? I have not yet acknowledged the claim form but am unsure how to proceed after that. By acknowledging the claim, rather than any other action, am I correct in thinking this demonstrates my disagreement and intention to defend? Thanks everyone. DD

Sorry I haven't been back for a while.... . The letter was very much appreciated BRIGADIER2JCS. The letter was sent (recorded) to C L Finance and also, as advised, to Experian and Equifax on the 22nd October. I received confirmation of my query from Equifax on 28th Oct but have heard nothing from Experian. I received a letter from 'the lewis group', dated 25th Oct, re my C L Finance account stating that my complaint had been logged and would be dealt with persuant to their ISO 9001:2008 accreditated complaints procedure... ...we are investigating these issues... ..we will issue our formal response to you upon completion of these enquiries... .. I have received nothing further from C L Finance, or the lewis group, but have today received an email from Equifax advising of an update. A reponse was made to Equifax on 29th Oct stating that 'the record is correct as the customer defaulted with Santander before we bought the account. This record will stay until December 2013. We bought the account June 2007.' I have yet to receive a reponse from C L Finance directly and have heard nothing from Experian. What is my next step? Without access to my 'alerts', as mentioned ealier in this thread, how can I prove that the status changed from defaulted?? DD