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  1. Hello, I asked MKDP for a deed of assignment, the response back from them was to send a notice of assignment which has an incorrect outstanding balance on it. To be honest I suspect they copy/pasted and forgot to change the outstanding amount. Any suggestions where I go from here?
  2. Hi, I received a claim form from MKDP for an old Barclaycard debt. I acknowledge service online but now need to submit a defence today - any advice please on how to construct it. issue date 29/5/14 Particulars of Claim the claimant claims the sum of 3,175.32 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Barclaycard. The defendants account number was xxxxxxxxxx and was assigned to the claimant on 16/1 2012, notice of this has been provided to the defendant. The defendant has failed to make any payments in accordance with the terms of the agreemen t and a default notice has been served pursuant to CCA 1974. The claimant claims the sum of 3,175.32 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.
  3. Hi all So I have received a court claim issued on the 7th Jan for a HSBC credit card I got around 2004. Claim is for £2.5k Defaulted maybe 2 years ago max so not statute barred. I have acknowledged the claim and have put I intend to defend. I have sent off cpr31.14 and cca request. I have no paperwork/statements for this credit card they were online but hsbc removed it from my online account. But I believe it has PPI and probably numerous charges making up alot of the account. Will a SAR request be any use as it probably wont be returned in time to help with the claim? Apart from that I have no idea what I am doing and all advice is greatly appreciated. Loving the site don't feel so scared after reading all the posts.
  4. Hello Am brand new on here and also never posted in a forum before. I would really appreciate some advice on MKDP trying to collect a debt that I think is statute barred. If this is not the appropriate place to ask this question could someone please direct me??? Thanks
  5. Hi hopefully someone can help me, and hopefully this is the right place for this. Many years ago I defaulted on a HSBC credit card and with discussions between HSBC and myself the payments I could afford they wouldn't agree to so the sent it to Moorcroft I believe, which was fine I explained my situation about being self employed and not having a set amount I can pay each week so they sent a man round to collect each fortnight whatever I had which suited me fine and I was happy with that, over time I had paid a bit off and all was fine HSBC (who I bank with) were happy as they kept a monitor on it. Then the collector stopped turning up and at the time I should have chased it but I was just starting a Partnership business and things were hectic and to be fair I forgot about it until this weekend when a CCJ filed by MKDP LLP turned up. Should I have been made aware that that the collections were stopping with Moorcroft? Should HSBC or MKDP have told me where the debt now lies? I have a copy of my Experian Report from March 2013 and none of this is on there, I now don't want to end up with a CCJ on there for the next 6 years, I am finally getting myself on track and building my credit score back up. any advice greatly appreciated, thanks (Note to a mod - I posted this in the Debt Management Companies by mistake if that can be removed please)
  6. i recived a letter from welcome saying they sold my debt to mkdp, but welcome have not contacted me since 2007 and i have moved house twice since then is this debt sb as i never made a payment as the car was not fit for purpose any advice please i know they record defaulf six months after so called last payment so that would of been early 2008
  7. Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account facility but in fact was a First Direct Gold credit card! Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on? We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card. We have statements from August 2008 (when the account was terminated?) t hat state it is a 'gold card statement' and looks exactly like a normal credit card one - with credit limit, etc. We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?
  8. Dear All, After breaking my back in 2002, I was left incapacitated and unable to work and a HMRC debt of £20K inc interest, the principal is approx £10k. By 2007 I was physically back on my feet and earning money again and with an agreement in place, I started to repay the HMRC debt at £300 a month. I started a new business which was doing well within a year and by the end of 2007, I took out credit cards and a loan. The economy hit and by 2011 things became very difficult indeed, I paid everyone in the company but myself and continued to repay the debts, another learning curve. Ironically the customers who went bust on me due to theft and misappropriation of funds were both financial and spread betting institutions, I owned an IT support company. By 2011 I lost the business and panicking and under the advice of my friend Financial Adviser, I borrowed £5k from family to pay Credit Card Killer and a Mr Basil Rankine to transfer the debts to his company, as you know this failed miserably. Lots of other things happened as they do with life and I fell into a serious depression and I’m now coming out of the other side and want to get a job and get my financial feet sorted out, s o I’ve signed up to Equifax and there is some confusing things. Currently I have no way of entering into any repayment plans with creditors or HMRC . I’m hoping for advice that either I’ve done everything as best I can, or there is possibly that I can do more, either way, thank you for your time. Nov 2009: BarclayCard was £9849.81 on nothing has been paid since. May 2010: Mercers served a default notice ( attached ) different date than Equifax NB: Within 6 months I received many notices of intended litigation, I stated to all creditors that this is an excellent idea and I looked forward to going to court and having my entire situation reviewed, needless to say none of them did anything April 2011: I sent BarclayCard a letter stating my position and that I required a resolution by May 2011, in other words, go to court or stop contacting me. (attached) April 2011 – Barclaycard sent a letter of assignment and transfer to MKDP LLP, balance of account now £11028.51 (attached) May 2011 – MKRR Stated I could not assign the debt to another company. May 2011: MKRR Reitterated the same and stated that I knew they had been assigned the debt now and I should contact them to discuss payment, I insisting on court. Aug 2011: MKRR Disagreed there was any dispute and I never heard from them again. Nov 2011: Raven recoveries letter, no mention of MKRR Feb 2012: MKDP creates a credit card agreement on Equifax, I knew nothing about Mar 2012: Barclays letter,, I never sent one. again no mention of MKDP. May 2014: MKDP registered a Gone Away notice – I’ve not heard anything from them Any thoughts on if I can make any changes to improve the situation or if they have done anything wrong? I have attached some relevant documentation that should help, do let me know if you require more. thanks very much everyone for your help, Kind regards
  9. hello this is my first post so please forgive any mistakes. i have recently defended a court action with mkdp for a old hsbc current account with overdraught that has ended up at 4800 pounds . the posision now is that mkdp didnt send a cca request but sent a letter saying it could take 8 weeks. the 33 days for them to respond to my court defence has passed. i presume this will now be stayed. sorry forgot to say my defence was that this account is statute barred. 7 years of no contact or payment by myself since cause of action. should i now send a n244 to ask it be struck out on the basis that this claiam is without merit. mkdp had put a default on my credit file in 09 which was 2 years after cause of action. but served nothing on me before the court claim. i would appreciate some advice as to whether i should leave alone and see what moves they make .i would prefer to kill it if poss but i am now stumped. thanyou in anticipation. chindit
  10. Hi all, I have been reading various CAG threads and have learnt lots in the past few days. Thank you to all the contributors and administrators for maintaining this invaluable web resource! I am looking for some help regarding next steps in relation to the above claim. Due to some issues personally, I haven't been quick to respond, but I have now ensured that this is my priority over the coming weeks and months. Thank you in advance for your time and energy. Name of Claimant: MKDP LLP Issue Date: 20 MAR 2014 Particulars of Claim: The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc. The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant. T he Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 5xx.xx and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. Action I have taken already: I have filed the AoS on the moneyclaim.gov.uk website today (07 April 2014), stating that, "I intend to defend all of this claim" Additional details: This is for a credit card account. I was forced to stop making payments at some point in 2009 due to losing my income because of the financial crisis. I started getting into difficulties towards the end of 2008 but continued making payments until the middle of 2009 before I ran out of savings. I am not sure of exact dates, but will go through my records shortly. The amount that is being claimed by MKDP is in the high 500s; with the court fee added, this becomes near £650. I do not recall receiving a Notice of Assignment, Default Notice (from the original creditor), or statutory Notice of Default Sums, but I am not 100% sure on this. In any case, any documents were not sent by registered post. I have not acknowledged or made any further payments since I stopped making payments to HSBC sometime in the middle of 2009. I am sorry that I cannot be more specific on dates, but this was a few years ago and the associated documents have been misplaced. However I can and do intend to dig them up ASAP. I know I have delayed responding to this claim; sorry. This was due to some personal issues. Going forward, I will ensure that dealing with this is my priority. I hope that I have enough time to file a proper defence. I would be grateful to receive advice on what I should do next. Thank you, KJ
  11. Yesterday 16/10/13 i received 2 seperate claim forms from MKDP on behalf of HSBC. The debts as far as i can remember are from a credit card and an overdraft from accounts i had about maybe 6 yrs ago. MKDP say they were assigned the debt on 8/12/11. Now i admit that there was a debt that was at a time when i was going through a messy separation but i believe a major part of the debt were charges put on by the bank after i spoke to them to explain the situation and reqested time to pay. When the debt got bigger however i did ignore letters. Is it worth defending this claim as i really dont want to pay the charges/interest that were put on when things went bad. Also i have no paperwork i can refer to that shows the charges or the amount of the debts before i got into trouble with them. Hope someone can help me with this. Also it says i have 14 days to respond. Another thing im worried about is i will be out of the country for a few weeks (work) at the end of November, what happens if i miss some corespondance.????????? HELP
  12. Hello, Please can someone give me some direction regarding the following claim MKDP LLP pursuing an MBNA Business Credit Card debt? I have filled out the pdf of questions required before a reply is received (see below.) The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid? Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one? The agreement is pre 2007. Do they still have to produce the original signed agreement? I have no way to pay this or even contribute a small amount monthly, just do not have the money anymore. Thank you and I have compiled a list to the pdf questions below. Claim is issued from the `County Court Business Centre?’ does this make a difference. Name of claimant - MKDP LLP Date of Issue – 01/05/2014 Claim Value – Circa £7000.00 POC – As follows; The Claimant claims the sum of £7000 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and MBNA. The Defendants account number was XXXX and was assigned to the Claimant on XX 2010, notice of this has been provided to the claimant Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £7000 and costs. The Claimant has complied, as far as necessary, with the pre-action conduct practice direction. Value of claim £7000 (Circa) Claim is for business credit card – MBNA. No `Notice of assignment’ receive to my knowledge – still searching for it. Default Notice from original creditor is attached to this post. Is invalid from Dec' 2008. Not received “Notice of Default Sums” – again to my knowledge. Payments ceased due to child being born disabled – massive life change for us. No original dispute. NO DMP. I will send CCA1974 asap I did do this direct to MBNA on 10th March 2010 however I do not have the proof of postage and MBNA never replied. I will send CPR31.14 to MKDP. I will send a CPR Part 18 request. I will defend. Thank you for your help......
  13. Hi guys, Could do with some help. Rec'd court papers yesterday from MKDP regarding an old HSBC loan account. Have already filed my AOS and intention to defend the claim in full, but need some advice on my defence before I go any further. POC: The Claimant claims the sum of 2xxx.xx 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 xx/xx/xxxx. The Defendant(s) account number was xxxxxx/xxxxxxxx. 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 2xxx.xx and costs. The Claimant has complied, as far as is necessary, with the Pre Action Conduct Practice Direction. Now there's a few things wrong here: 1. The account number provided relates to a bank account I held with HSBC. However, the alleged debt was a personal loan under a different number. This claim should be for a loan not a bank account. 2. I haven't made any payments or acknowledged this debt since sometime in 2006. It is 100% statute barred although defaults don't expire until early next year. 3. There are 2 defaults registered on my credit file for this debt. Both with different account numbers, one registered to MKDP LLP and one to HSBC, registered 5 days apart, neither account number relates to the one stated in the POC. Both defaults are for the same amount which is the amount stated in the POC. I'm quite looking forward to taking this on, but i'm unsure whether I should go down the standard statute barred defence route or if things are different because of the points I have made above. Thanks in advance for any help.
  14. Hi all. I received a letter this morning from Nationwide telling me my account "has been legally assigned to MKDP LLP and all future payments should be addressed to them." Nationwide (and a variety of debt collection people) have been chasing me for this for about 7 years. About 6 months ago I received a small amount of money, and contacted CAB to ask whether they think I should get in touch with Nationwide to pay off the debt. They advised that because I hadn't heard anything from them for around 18 months, I should "let sleeping dogs lie". I now find myself wondering what I should do now I have heard from them! I have struggled with mental health issues over the past 5 years (This is when they've been at their worst) but am working hard to rectify them at the moment, and I don't want to start being hounded as this could affect my recovery. I don't have the full amount (Just over £400) to pay them now, or i would consider paying it them in full just to make them go away. However I would struggle, and probably fail, to keep up with a repayment plan as i'm on benefits at the moment and am already struggling to pay bills etc. Aside from not being able to afford it, I am morally aggrieved at having to pay this money at all! All of it is bank charges because I went a few quid over on a £50 overdraft when I was 17! I acknowledge that I should have paid the initial charges, but £400+ does seem a little steep considering I didn't actually lend anything! So, I decided to get some advice from you lovely lot 1. Should I make any contact at all, or continue to do what I have been doing and hope they go away eventually? 2. If I do get in touch, are these companies usually willing to accept a reduced amount if you pay straight away? (I have about £200 in savings but I don't know whether that would be enough to satisfy them.) 3. Is there any way to get debts that consist mainly/wholly of charges written off on the grounds of it causing unnecessary additional stress? After all I don't actually owe them anything. (Or on any other grounds?) 4. Is there anything else you can think of that I may have missed!? Thanks very much for any help you can offer.
  15. Although I have been a member for a while I have not posted on here before but I wanted to tell you about my experience with MKDP aka ****. In Oct 2013 I received a court summons from MKDP for a debt of £2400 which they claimed they purchased from Barclaycard. After reading different forums on here I sent my defence form back to the court. A few weeks later I received a letter from the court recommending that this matter could go to mediation and an appointment time and date was set. In the meantime I sent of a first letter to MKDP saying that the debt was disputed and requesting a true copy of the assignment, a full and detailed statement of the alleged debt and a copy of the signed credit agreement, but got no response. Sent a second letter requesting the same information but still no response. At the day of mediation I was contacted by a mediator who explained that after speaking to MKDP they had told her that this case would definitely be going to court and that I would loose the case. They also told the mediator that they had not received my letters but the information I requested would be available in time for the court case and I should consider settling. I thanked the mediator but said I would not be settling as the claimant had not complied with the guidelines set by the FSA and had not followed the pre action protocol set my H.M. Justice dept. MKDP responded by saying they would see me in court. I then sent a third letter to MKDP once again requesting the information and highlighted their breaches of the FSA guidelines and of the pre action protocal..still no response. Copies of all the letters, postage receipts and signed for deliveries were sent to the court for the evidence deadline. Despite MKDPs bravado they did not supply me or the court with any evidence of the debt or a copy of their witness statement. The day of the hearing arrived and at the allotted time nobody from MKDP had arrived. I had prepared two defences one for if they did attend and one for if they did not attend so I was ready for any eventuality. On being called into the hearing the Judge quickly made it clear that he was not a happy bunny and with very clever wording was berating the likes of MKDP. The judge then told me that he was going to strike the claim out and awarded me cost of £96.00 giving MKDP 14 days to pay up. RESULT. What a laugh despite all their bravado and claims about the evidence they had and would produce at court all they can produce is a NO SHOW. I don't think for one second think they will pay the £96 but hey. So although you guys did not realise it you have helped me a lot the information you post on these threads is invaluable and without it I probably would not have got the right result. THANKS GUYS
  16. Hi All I followed an old post on here regarding the above company Mkdp ,who had been chasing an old debt for HSBC. I know the debt is over the 6 year statute time limit and anyway basically ended up with a ccj form from Northampton (CCBC) , which I replied to the acknowledgement of service and following another thread on here (Stokes v Mkdp) asked Mkdp to furnish me with the details of the debt etc, so I could enter a defence of the claim. Mkdp eventually just before the 28 day deadline replied saying they did not have the details at the moment and would need to get them from HSBC,and this would take at least 8 weeks to obtain. I entered this in my defence and informed the court they had failed to provide them and that without them I couldn't make any decisions on the debt(again using a template from here). I have now received a notice of proposed Allocation to small claims Track and a request to fill out a directions questionaire and it must be returned by 30th April 2014. the letter states 1.this is now a defended claim. 2. it appears 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 box c1 on the SC DQ(N180) and explain why. 3.you must file it with the court office by 30th April (and serve on all other parties) At this point my main questions I need help on are, Am I better to agree to the small claims track as to reject it? and do i just fill the form in and send to the court?and what about the (serve copies on all other parties) ?does this mean I photocopy the completed form and send it to Mkdp and to my local court? Thanks in advance for any help you may be able to give on the subject. Bruce
  17. Hello, I'm hoping that someone on this forum will be able to help with the situation i find myself in. I today received a court claim from MKDP LLP for 16,368.28 for an old loan and overdraft from the HSBC Claimant: MKDP LLP Issue Date 14 March 2014 Particulars of Claim The claimant claims the sum of 16,368.28 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 28/11/2013. The defendants account number was xxxxxx/xxxxxxxx. 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 16,368.28 and costs. The Claimant has complied, as far as is necessary, with Pre-Action Conduct Practice Direction I'm assuming that this claim is for both the overdraft and the personal loan. The overdraft was around £1500 and the loan was around £15000 all were taken out before 2007. As it was quite a while ago i can't remember when the loan was originally taken out but it I think it was 2006. The loan and overdraft were defaulted in November 2007. MCS were originally passed the debt after i defaulted. After the default i contacted the CCCS who helped me put a budget together which i sent off and was accepted at £5 per month. I continued to make payments until 2010 when i found that my earnings (I'm self-employed) dropped considerable and i had to cease making payments. Since then the debt has been passed to numerous different collection agencies.(I think it's been through 4 different ones). After the debt was passed on from MCS, of which i didn't get any notice, I wrote to each collection agency asking for a copy of my credit agreement and notice that the debt had been passed over. Requests were ignored, and after going back and forth asking for information the debt was then passed on to another collection agency and the whole process started again. Now it has landed with MKDP. I don't believe i received a Notice of Assignment from MKDP. I do think i received a Default Notice form the HSBC back in 2007 but i can't find a copy of it I have never received any Notice of Default sums, from anyone I found your forum and people in similar situations, so i hoping that someone will be able to help me moving forward. This court claim has come out of the blue and I'm quite anxious about it. There is no way i can afford to pay it back, and as I'm on a low income repayments would be very low. I've had a look at the CCA1974 request, and a CPR31.14 request - am i right in thinking i need to send these to MKDP and should i do this before responding to the court claim? Any advice as to my next course of action would be greatly appreciated. Andy
  18. I have received a claim form for a very old Access account. Despite a couple of requests, HSBC have confirmed they do not have the original agreement. On the S77 response they put my current address- not the one at the time of conception & there is no date of conception. DN is faulty - not enough time. Is this enough to kill the claim? My thoughts were to acknowledge via MCOL, 31,14 request to obtain agreement, DN & TN which they intend to rely on. Submit defence & application to strike as no realistic prospect of winning. I'd appreciate any help or input.
  19. Hi all, I have been attempting to progress my case based on surfaceagent20's stickies, but it has come off the rails and now I need help! 1. On 6th January (as dated on the form) I was sent a claim form from MKDP 'The claimant claims the sum of [less than 3k] being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC bank plc. The defendents account number was [xxx] and was assigned to the Claimant on 26/03/2013, notice of this has been provided to the defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of [] and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.' I responded with a CPR 31.14 notice on 20/1 by special delivery and gave the notice of service online. Having had no reply I responded with an N244 request for an extension for filing a defence and a draft order to have the documents produced with 14 days dated 5/2 and posted the next day by recorded mail. This was as per surfaceagents template. I recieved a letter form MKDP on the 7th Feb stating that they are unable to comply, are seeking the documents and this could take 8 weeks, with a confirmation that no action would be taken during this time. On friday 20th I received a general directions order dated 19th feb It is ordered that : The application is REFUSED. The time for the Defendant to file a defence is extended to 21 days from the date of this order. Reasons: 1. The particulars of the claim state that the Claimant has complied with the pre action protocol. The Defendant appears not to have requested further information at that time. 2.Paragraph 7.3 of PD16 does not apply when the claim form is issued online. 3. There is no reason why the Defendant cannot file and serve a defence indicating whether he admits or denies entering into the agreement pleaded and whether he admits or denies the amounts claimed. This seems outrageous! What do i do now???
  20. Hi All Excuse my user name it was all I could think of. I have just had a CCJ through in the name of my son. He took a bank loan to pay a tax bill and then didn't pay it back.. He has not lived here for 12 years. I have told MKDP on numerous occasions and sent back correspondence to them. They always said they would remove this address from the database and I wouldn't hear anymore. The debt is more that 6 years ago and he did not make any payments. I phoned the court who told me the debt date is 2010. This is not possible and I can't understand how they MKDP have come up with this date. It is definitely wrong and no payments have been made in over 6 years. Can they do this? Will the CCJ show on my address/on his credit file for the next 6 years? If they have 2010 as the date will it go from then even tho that date is wrong. I luckily have no debt and I am not advocating his non payment I just thought there were rules and it would seem not Thanks in advance
  21. I'll start at the beginning because this is a complicated one! 1. Opened up a joint account with husband at HSBC. 2. A few months later in July 2006, we applied for an overdraft, this was granted. 3. Autumn 2007, we opened up an account with LLoyds TSB & they transferred the O/D. 4. In the last 6 months I've started to get letters from Raven/MKDP asking me to pay back £1709.01. I sent letter back disputing this, even did a CCA request, which I now know was pointless. What I have had back is some historic statements dating back to 06/Nov/2007 with a balance of £1201 O/D. This account then has lots of fees/charges added to it until 09/Jan/2009 when the balance is now £1709.01. 5. Had notice this morning that a claim has been filed at Northampton County Court. 6. I called MKDP to ask if I could ask to make a SAR, was told I couldn't do this!! I don't know what to do for the best now, as far as I'm concerned the balance was transferd over to Lloyds TSB & the O/D was £1201. Any help would be much appreciated!
  22. I am posting this on behalf of a relative who has received two Claim Forms out of Northampton (CCBC) County Court. Both are for debts originally with HSBC a) Credit Card (1***.** and b) Bank Loan (1****.**). Both Particulars of Claim are basically the same except the Credit Card uses the wording 'a regulated agreement' whereas the Bank Loan uses the wording 'a loan agreement'. Both say that a Notice of Assignment has been provided to the defendant with a date on the Bank Loan one but on the Credit Card one there is no date. Also that a Default Notice has been served on the defendant (no dates given on either) Finishes with wording that The complainant has complied as far as is necessary with the Pre-Action Conduct Practice Direction. Claim Forms are both dated 29th April 2013. Both claim forms were acknowledged with intention to defend all the claim and asking for the extra 14 days. A letter has been sent for each claim asking under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. A statement of account showing how the amount claimed has been reached. These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP. In addition to this a SAR was sent to HSBC again by Special Delivery and was received also on 7th May. My relative states that they have not received any notice of assignment or default notice for either of the debts. In addition they also believe that they have not made a payment or acknowledged the debt for the 6 years prior to the issue of the Claim forms (but is close) To date they have received no acknowledgement from MKDP LLP. What is our next step please? Do we now send N244 and also should we also have sent a SAR to MKDP LLP
  23. Having been hounded by multiple debt collectors that have been passing me around for the last 3 years - I finally have enough capital to pay most of the debt;[/size] LLoyds - 3,244 Arrow - 10,747 Capquest - 2,566 Mkdp - 7,429. Now here's the rub; I've just moved house and want to avoid dishing out my new address; I'm worried that once I pay the debt something horrible will go wrong and I will still owe the debt (having heard a lot of horror stories)... What would you suggest is the best way to go about getting them off my back - having spent so long getting here - I would like to get rid of them for good! Kind regards and thanks in advance - Andy.
  24. Hi there, I'm hoping someone might be able to help me out here. Many years ago I got into some debt with a number of credit cards (the bulk of the debt was accrued around 2001 - 2003 when my then husband was out of work). Until around 2008 I was continuing to make minimum payments on the accounts and crippling myself financially into the bargain. Around 2007 / 2008 I discovered this site and sent off to these cards asking for all the information they had on me. I recall clearly that the information received from HSBC did not include the CCA and I recall writing to them at this time challenging the debt. I ceased making payments on the account at this time. The debt was subsequently passed to MKDP LLP for recovery. Upon checking my credit file last summer I notice that a default was recorded on my account, but not until 27 August 2011 - some 3 years after I ceased making payments. In the intervening period my marriage broke down and for the past year I have been travelling and have settled since August of last year in China where I now have a job teaching kindergarten where I now plan to stay for some while (although no fixed date in mind as yet). I have only recently got what I hope is now a reasonably permanent address here in China so my address has remained as my parent's address in the UK where they can receive post for me. I had an alarmed phone call last night from my mother as MKDP have now started legal proceedings to recover the debt originally accrued with HSBC. I would, of course, be extremely grateful of some advice on what I should do next. However I am also intrigued as the particulars of claim (unfortunately I cannot post a picture of this to show you as I do not yet have 10 posts) state that the account number to which they refer to was assigned to me in December 2011 - close to 4 years after I ceased making payments on this debt and some 4 months after a default was recorded. Does this seem normal? I would be extremely grateful of any advice you can offer. One of my biggest concerns is that trying to meet any deadlines set by the courts could be difficult as on past experience post from here can take anything up to 2 - 3 weeks to reach the UK. Thank you so much in advance for any help at all that anyone can offer. Regards, Sue
  25. Hi, I am experincing some issues with Barclaycard via MKDP PLL. The story is that I had an barclaycard around 2006/7 which I am 100% paid off as payment plan. I haven't had another card from since the pay off, but I had a few issues in that I was paying them off some reason they would contact me and say that I had not paid, which I did as I showed them the proof from my bank statement. Now whats happening theyre saying that I still owe £597.98. This has only recently only started up last Year via some other less reputable DCA, and all after I challenge them stopped citing no information to be had. That was that until I heard from MKDP taking up the now worn batton up from barclaycard. I have sent to MKDP a form a asking for the proof of this only to be told twice that they have not got enough documentation and requesting that I should wait while they contact previous creditors. This has now passed the 40 days and strangely enough I got via registered post today a letter from MKDP and a letter attached inside from barclaycard, stating "that the information given under consumer credit act 1974 section 78 receives a request the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account." This continues "Due to circumstances beyond our control, we no longer hold a copy of your excuted agreement. Regulation 9 of the CNC regulations conforms that, in these circumstances, for accounts open before 19 May 1985 (such as yours) the copy of the current terms of agreement. I enclose a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the act. This is a statement of the terms of your abreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the intreast rates, fees and charbes set out in the agreement, may differ from those we have discussed with you, (really never spoke to them since paying them off via the paymentnplan). Due to the current status of your account, the full outstanding balance is now due. This completes our obligations under section 78 of the act." In the letter from MKDP they say "reconstituted copy of the credit agreement enclosed, please note statements of account have also bee requested and will be forwarded to you upon receipt". Makes intreasting reading but has nothing in the detail, so based on the information given where does this stand and whatbis the next best move, to be honest this is so near or is statued barred anyway so why keep it going. Any useful advise, pointers, even what to send back to these guys would be very helpful, as I know and how grateful I am as yij have helped me in the past so I trust your valued experience. Kind regards
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