Right thanks - no he's not trying to avoid paying, we're just not familiar with the legal process. Thanks for your help Andy.

Thanks, so basically if it comes to the day of mediation and no paperwork has shown up, hubby just tells them that as far as he is concerned there is no debt as the claimant has not supplied any proof that has been asked for?

Looks like the mediation is going ahead despite no paperwork from them. A message was left giving hubby 2 dates very soon to book in for mediation. Does this mean that he has to just cough up without them having a shred of evidence against him?

Hi all, thank you very much. I will pass all the information on to my friend. With regards to the details that it may hold, I'm not sure, but will warn her that it could very possibly be horrific reading. Once again thanks.

I suppose that she could still ask the police though and they can maybe signpost her from there. Thanks.

Right, thanks very much.

Is it routine for these to be sent out even though the claimant has not sent through the paperwork requested? What to we say about mediation, surely if they can't provide the paperwork that their claim is based on then there is nothing to answer? It just confused me because they have sent us nothing yet it seems that the court is going ahead with it? Thanks.

Hi all, this is possibly in the wrong place so feel free to move the thread. Basically my friends dad was found at the bottom of some steps after a night out 15 years ago, he had no ID on him and his wallet was missing, he died a few days later. His friends testified that he had just won quite a considerable amount of money at a casino and had his wages on him, but in the end the police said it was an accident and there was an inquest. At the time she was quite young and because her parents had split up the police would not tell her mother anything, she only found out he was dead after an appeal in the local paper! She would now like to read through all the paperwork and see where this leads, would the coroners court that originally dealt with it be the place to start? Many thanks in advance for your help.

Hello again. Well we haven't heard anything from MKDP but received this from the court, can anyone advise what it means? Noitce of Proposed Allocation to the Small Claims Track Important Notice If you do not comply with this notice the court will make such order as appears to be appropriate. This cold include striking out the claim or entering judgment. TAKE NOTE THAT 1 This is now a defended claim. The defendant has filed a defence, 2 It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for the claim, you must complete blah, blah, blah. 3 You must by 14 July 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office Addrress and serve copies on all other parties. Any thoughts? Thanks.

Defence in!

Ahhhh, much better and clearer than my shambled attempt. As always, many thanks Andy.

Can anyone have a quick look over before I send this off please?

fluff from between my bum cheeks!

A quick bump after work,

Right-oh, I've tried my best to form a defence, it has to be in by tomorrow. We have received nowt from MKDP so how's this (I have nicked bits and pieces from all over this site). I would really, really appreciate any help at all as I have no idea what I'm doing! In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP = Claimant and Me – Defendant DEFENCE 1. I xxxxx am the defendant in this action and make the following statement as my defence to the claim made by MKDP. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. 3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. On receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim 5. The documents requested were, in addition to the agreement as above, notices of sums in arrears, a copy of the default notice and the termination notice. To date no response has been received from the claimant. 6. It has been confirmed via the royal mail website that the above letter was received and signed for. 7. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof. AND the Defendant Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true. Signed Me Defendant

Thanks for all your input, I get where they are coming from now.

The court, even thought the paperwork clearly stated 'your' expenditure. He did just put his contribution down which is what I couldn't understand. He reckons he's putting my finances down on this one, not a chance!

Not at this stage just yet, but when it comes do we have to put the income and outgoing of person named or household? i only ask because hubby got a CCJ last year and they went ballistic when he turned up with just his figures, they made him pay a huge monthly amount as they said as I worked we could afford it! Thanks in advance.

I think it's about the SAR we sent. Well I'll tell hubby to ring them then, see what they have to say for themselves. Thanks Andy.

The typo is my own :o

So far I haven't received anything from MKDP regarding the CPR, however this morning hubby got the following letter from HSBC REQUEST FOR PROVISION OF PERSONAL INFORMATION We have received your request for personal infromation and I have tried to contact you to discuss this without success. Could you please contact us on 0114 252 9269 between the hours of 9.00am and 5.00pm Monday to Friday so we can discuss your requirements further. I sent the template letter which is self explanatory, so what's their game?

Thanks Andy, I have it written on the fridge in huge letters.

In order for us to help you we require the following information:- Name of the Claimant ? MKDP LLP (FLEMING HOUSE, MILTON KEYNES) Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10 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) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. The claimant claims the sum of 893.00 being monies due from the Defendant 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 Defendants account number was xxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The Claimant claims the sum of 893.00 and costs. The Claimant has complied, as far as is necessary, the the Pre-Action Conduct Practice Direction. What is the value of the claim? 893.00 Is the claim for a current or credit/loan account or mobile phone account? Bank account (current) When did you enter into the original agreement before or after 2007? Probably before, but he can't be 100% until paperwork comes through. 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. MKDP, think these are in-house? Were you aware the account had been assigned – did you receive a Notice of Assignment? He doesn't know. Did you receive a Default Notice from the original creditor? I'll find this out later Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Doesn't think so Why did you cease payments:- Financial difficulties Was there a dispute with the original creditor that remains unresolved? No, but the old managed loan to pay off a credit card has reared it's head, so I'll be reading about that next. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Don't think this is relevant to a bank account is it? I haven't done as yet. Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Done Request 1 - Loans/Credit Cards Request 2 - Current accounts Send CPR part 18icon request for any other information that you might require in order to defend yourself. If you require CPR Part 18 - this will need to be drafted specifically. If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted. This is all I know for now, as I said hubby just threw paperwork and buried his head!

Thanks all, I'll have a look at that link although hubby hid a lot of stuff from me paperwork wise and buried his head quite a few years ago - and so the ripples have reached us. Am currently toying with the lurgie that has entered the household too, so apologies for the delayed answers.

Just making sure that everything I have done is correct. hubby got a claim form this week with an issue date of 10th March. So far i've acknowledged and am defending the whole amount, have sent HSBC a CPR 31.14 and have SAR'd them. THE HISTORY Originally hubby had a credit card, got into difficulty paying it off but all payments made were on time. They called him into the bank and offered him a managed loan to pay it all off which he took. We got into financial difficulties so hubby stopped paying it, he has had loads of letters which he hasn't kept so I don't know what they have sent with regards to the CPR request but am going with it all. The managed loan was then put onto his bank account which he hadn't used for ages, this is years ago. Now some time in the last few years he got a tax refund which was paid into this account, we don't know when but the SAR will tell us. Apart from that the account just hasn't been touched at all for about 10 years or so. So I don't think that there is anything else I should do at present except wait.