Hi Andy Does the 6th anniversary work from the original creditor default date? Can the likes of MKDP change the default date or say the debt they seem to claim is in default at for example today's date meaning the 6th anniversary never comes? What happens if the credit agencies do not update these records around the 6th anniversary? I've looked to Equifax to keep a check on it, £14.95 per month - ouch! I've got 14 days left on evaluation so I could cancel before they subscribe me. Thanks MWJ

Hi Andy, Thanks but all the credit goes to you and this brilliant forum, I'll be making a small donation to the running of the site. Thanks again In terms of MKDP - I'll ignore the letters/statements and anything other than court papers although I think around October this year the claim would enter statute barred. How will the so called outstanding balance to MKDP affect my credit rating? Thanks MWJ

Hi Andy Spoke to CCBC & they reminded me that it was transferred to my local court, I called them and they said that the status was Stuck Out in default on paragraph one because the order ordered the claimant to file and serve within 28 days and in default the claim would be struck out - there had been no paperwork filed by the claimant and therefore the court considers it stuck out. He asked me why I was asking to which I told him I'd received two pieces of information (one statement from MKDP and a letter from Apex). He told me the case would remain on the system for 5 years however the court consider is struck out by default so he did not see my worry. He also reminded me that I'd rung in several times in October to check the same information He did say that the last order was my document to prove the claim was struck out however I could write into the court and request clarification, he said the court may deem it unnecessary though. Thanks MWJ

OK, thanks Andy. I'll call Northampton tomorrow and ask for the status and if told it has not been struck out I'll ask why given the court paper said it would by default. Can I insist they do this and clarify in any way?

Hi Andy, Disregard which bit ? Sorry!

How time flies! The MCOL still shows latest document as "Defense" there does not appear to be a status showing struck out. It was the general form of judgement or order which ordered the claimant to file and serve documents (see post 21 above) that stated "In default the claim shall be struck out" and the court confirmed after two weeks that no documentation was received from the claimant, I asked if I needed to do anything and they hold me that in default it will be struck out and therefore I need do nothing. I'd personally be happier to see a status of struck out somewhere or receive confirmation from the court to this affect. What can I do? Thanks MWJ

Hi Andy, It's been a while! Well I gave the court two weeks in the end and called in again & they said there had been no response from the claimant and therefore "In default the claim shall be struck out" as outlined in the general form of judgement order (copy above in post 10th Sept). I did receive a statement from MKDP showing that they added £65 legal fees and that they received a cheque for £1 from myself and therefore took that as a payment. The only payment I sent them was a £1 postal order and a £1 bank transfer both with accompanying CCA request - I sent two requests, first by email with a transfer to get in quick and another via RM special delivery, both letters (CCA requests stated the £1 was paid for the CCA request and the funds are not to be used for any other purpose). Have I messed up here?? Only last week I also received a letter from Apex Credit Management saying:- "Thank you for your letter in which you have requested all documentation under section 77/78 of the Consumer Credit Act 1974 ("CCA"(, with regards to the above noted account. We can confirm that your request is being processed and your account will be placed on hold pending its fulfilment. We will write to you again with an update of our progress or on completion of the required documentation being supplied in line with the CCA" The strange thing is:- 1. They got my name incorrect, well middle initial 2. The title of the document was "Apex Purchased Portfolios - MBNA Cards" and nothing to mention HSBC 3. The balance seemed close, just around £50 less than the MKDP statement 4. The account number which looks like a card number was completely different to that provided by MKDP and nothing I'd had previously (I checked my old card numbers I keep in Excel) I don't really want to call the sharks to ask any questions. Any advice Andy? Anything I need to be doing? I did think of writing to MKDP to re-advise that the payments made 2 x £1 where in respect to CCA requests made by different means i.e. post and to get there fast by email and the reason I sent two requests was because email did not give me any real proof of delivery. Thanks MWJ

Thanks Andy. Typical, If I was late I guess things would be different! Attached are the images in PDF format. Thanks MWJ

Hi Andy, Spoke to the court earlier in the week and they said I needed to provide them with sufficient time to process a backlog of paperwork, they said nothing so far had been received however the claimant had until the 8th of October before the case was stuck out by default which was in the court correspondence. Today I have received information direct from MKDP with an apparent copy to the court dated 9th October which I can only assume would have been received by the court today (10th). The documents are:- 1. Covering letter saying please find enclosed Credit Card Agreement, Terms & Conditions and Notice of Assignment relating to the matter. 2. A letter apparently from HSBC Head of Recoveries informing me the account was sold in 2011 (date is specific) - The letter although stamped COPY does not appear to be an aged copy and is on blank paper rather than HSBC headed paper 3. Page 4 of what appears to be part of an original agreement, signature looks like mine and also signed by someone apparently working for HSBC. 4. Page 5 of what appears to be a balance transfer form again with what looks like my signature. 5. A copy of HSBC Bank Credit Card Agreement Terms (2009) which I'm guessing could be downloaded in PDF from anywhere. No signatures. Reviewing the above my thoughts (please correct me if I'm wrong) are that: a. They have not provided a full copy of the agreement between the assignor (HSBC) and the Defendant as requested by the court (they've only provided pages 4 & 5 of something) b. A copy of HSBC Bank Credit Card Agreement Terms (2009) which is publicly available does not prove I entered into these specific terms in any way. c. A copy of the notice of assignment looks like it has recently been typed up in Word, printed and stamped COPY d. No full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed - they've provided nothing here but this was requested by the court! The documents I've received today according to the court due on the 8th are obviously just late & therefore is it fair that automatic default should be applied anyway? Do you have any thoughts for me please Andy? Thanks for everything.

Hi Andy, Given the N24 form above has now passed the 28 day mark (days not including the date issued by the court but including weekends) can I safely assume this is at an end? Do I need to do anything to ensure this is put to bed completely? Thanks for all you help. MWJ

Hi Andy, I'm assuming this is the best outcome I could hope for at this stage then? Thank you for all your help and defence

Hi, Thank you both for your responses - it is much appreciated. I did not receive a call from the mediation service to setup a mutual time for discussion and instead received a Notice of Transfer of Proceedings (N271). Further to the above I've now received a General Form of Judgement or Order (N24) as below:- __________________________ Before District Judge xxxxxx sitting at the County Court at xxxxxx,xxxxxxxxx,xxxxxx. Upon reading the documents filed And of the Court's own motion IT IS ORDERED THAT:- 1. The Claimant shall within 28 days of service of this Order file and serve - A copy of the agreement between the assignor (HSBC) and the Defendant - A copy of the applicable terms and conditions of the agreement, if not contained within the same document - A copy of the notice of assignment of the account to the Claimant, showing the date and manner of service thereof on the Defendant - A full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed In default the claim shall be struck out. 2. This Order has been made by the court of its own initiative, without hearing the parties or giving then an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on the which the order was served on the party making the application. ______________________________ If I'm reading and understanding this correctly I think this is good news for me in that it is very unlikely MKDP will provide the documents at this stage - am I understanding this? They failed to provide the documents within the timescales as discussed above and I'm guessing if this went to court I'd simply stick to my line of prove it? Is there anything I should do now? Thanks for all your help. MJW

Thanks Andy, I've sent back the forms indicating I'd like mediation and any hearing closer to home. Just as a thought - I moved house a few years ago and did not update HSBC (assume any account was closed) or MKDP (the sharks) of a new address. They seem to have tracked me to my new address and have taken action my means of the initial CCBC and possibly chasing / enquiry letters beforehand. Does the Data Protection Act give me any fire power against them in that do they have the right to fish via post if they cannot be certain beyond all reasonable doubt that the address is my permanent residential one? Additionally, they've not provided the information requested in the CRP/CCA letters - do I chase it / remind them? I'm assuming all correspondence has to be provided to the court at some point and does it look better if I'm reminding them? What do you think are the chances this will just go away before a hearing? Thanks & sorry for the queries, I'm getting very nervous MWJ

Hi Andy, I've also received a letter from MKDP with a copy of N180 completed by themselves with the following:- Section A1 - Ticked for Small Claims Mediation Service Section C1 - Ticked for Agreeing Small Claims is an appropriate track for the case Section D1 - Hearing venue in Milton Keynes (close to them) Section D2 - Ticked for not using witnesses Section D3 - One witness will give evidence Section E1 - Ticked No to Included Fee I'm guessing applying for Mediation is a good start? What generally happens from here & where do I stand given MKDP have not (as I understand it) complied with my requests for CPR/CCA as set out in my defence? I'm really worried that I'm potentially getting deeper into this & could I be faced with a major debt if I'm probably going to lose that case. I cannot understand how these things get into a court situation when they've clearly not provided the information requested and information that I'm entitled to (I think I am). Is it likely to be a case me little me vs them with deep pockets and a good legal representation! Thanks MWJ

Hi Andy, Well things are moving on as last week I received a "Notice of Proposed Allocation to the Small Claim Track" saying:- 1. "This is now a defended claim - A copy of the defence has already been sent to you by the defendant." 2. "It appears that this case is suitable for allocation to the small claims track." 3. "You must by **date in July** complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve all copies on other parties." I'm assuming this notice is for MKDP with a copy to me and that I do not need to take action or do I also complete N180 and select Small Claims Mediation Service as a possible first option?? Thanks for all your help.