Claim form received from MKDP old HSBC Credit Card.***Claim Dismissed***

[havinastella]

I've today received a letter from the court asking the claimant to send to me and to the court a copy of the original agreement and default. By 4 pm on 14 th feb. I've telephoned mkdp and asked for these myself twice now and sent written request but nothing. They sent me the directions questionnaire copy but still not what I asked for. I'm worried sick I'll have to stand in court over this. I asked for mediation but not heard snything. Shall I ring the court again? Is there anyway I can avoid a judgement( I haven't got the funds to pay up front to stop it) I'll lose my job if they put a judgement against me. We r credit checked at work.

 

This is good news.

 

Just wait and see what they send you before the 14th.

[jc24]

Ok thanks for your help I'm just worried as I didn't send my written request recorded but I've since telephoned also twice and they just gob me off saying the info been requested but it takes a long time to get.

This is good news.

 

Just wait and see what they send you before the 14th.

[jc24]

Sorry I meant to write fob me off .... Gosh sorry that sounds awful!

Ok thanks for your help I'm just worried as I didn't send my written request recorded but I've since telephoned also twice and they just gob me off saying the info been requested but it takes a long time to get.

[jc24]

Update....... I didn't receive any of the above as requested by the court. The deadline was 14 th feb by 4 pm. Could anyone advise me what happens next please?

[AndyOrch]

Inform the court that they failed to comply with the DJ,s directions and request the court put this to the DJ to issue an or else or strike the claim out under sanction.

 

Regards

 

Andy

[jc24]

Thank you Andy, I'll ring the court tomorrow morning. Do I have to pay a fee to ask for it to be struck out? Are they allowed to continue with action against me since they didn't comply?

Inform the court that they failed to comply with the DJ,s directions and request the court put this to the DJ to issue an or else or strike the claim out under sanction.

 

Regards

 

Andy

[AndyOrch]

If you can get the court to instigate it no...but if they insist you make application then yes.Of course they can continue its for you to steer the DJ to demand they disclose.

[jc24]

Thanks Andy. I contacted the court and they said it had already been sent to the judge for order as the claimant did not comply.... And still haven't. They said I had to wait a few more days to hear through the post what the judge has ordered. Will update u once I hear.

If you can get the court to instigate it no...but if they insist you make application then yes.Of course they can continue its for you to steer the DJ to demand they disclose.

[AndyOrch]

[jc24]

*update*. Judge ordered that the claimant comply with the above by end of week or he will strike the claim out. I have not received anything as of yet.

[AndyOrch]

Excellent just what we wanted to attain...keep watching the

[jc24]

They have emailed a really poor copy of agreement..

. Can hardly read it and have also attached a 'template' default notice.

Not a notice with my name or address on. .

 

I'm am almost positive I never had a default notice, ever from them.

 

They've emailed the court a few mins before closing .

 

Do h think the judge will accept this as it's not an original default notice that he asked for.?

 

What is normally the next course of action now?

 

I could try and send u the documents to have a look through but I can only copy them into here

and they have numbers on etc.

[dx100uk]

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[jc24]

Hi , I'm ever so sorry, I might sound really hopeless but I don't understand how to do this properly and we can't get it to work. My husbands tried to do it but we can't get it! Could I email you or Andy with the docs they sent to have a look to see what u think?

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[citizenB]

Have sent you a private message with an email address you can send these to.

[citizenB]

Righto, here you go

 

Couple of things I have noticed - on the Demands, Needs and Recommendations sheet (page 6) They specifically say that "based on what you have discussed, they do not see a need for you to protect your loan and have recommended against taking out any protection.

 

Yet, further down on page 20, it looks like someone has crossed out the statement that you do NOT want the policy and ticked that you do !! Unfortunately some of the documents are quite faint so you might get asked a few questions

[jc24]

The first few pages detail the loan I took out on the same day

and I'm not sure if that bit related to the loan or the whole finance that was offered.

But I didn't agree to it.

 

There was certainly nothing applied to the loan but I can't check if anything was ever applied to the card account

because I have no statements.

 

I rang the court and they said I had to wait for the judges directions again.

 

What do u think about thd template default?

Will that be ok for the judge do h think?

And am I being silly but the following page doesn't even shod an amt that they're claiming it says 64*** ???l

Righto, here you go

 

Couple of things I have noticed

- on the Demands, Needs and Recommendations sheet (page 6)

 

They specifically say that "based on what you have discussed,

they do not see a need for you to protect your loan and have recommended against taking out any protection.

 

Yet, further down on page 20, it looks like someone has crossed out the statement that you do NOT want the policy and ticked that you do !! Unfortunately some of the documents are quite faint so you might get asked a few questions

 

 

[ATTACH=CONFIG]49720[/ATTACH]

[citizenB]

Do you know when the Default Notice was supposed to have been issued ? HSBC usually didnt provide the statutory time to deal with the breach. You are supposed to be given 14 days with an allowance for posting (2 business days for 1st class and 4 business days for 2nd class or UK Mail). Business days are Monday to Friday, not including weekends and Bank Holidays.

 

So if you have the date they supposedly issued the DN, then we could work that out for you.

 

IMHO, the template DNs are red herrings - All they are doing is attempting to show that with regard to the format, that the DN was compliant. How does anyone know for sure what dates were entered into the variables, or whether the amount they claimed was arrears, was correct ?

[jc24]

I've looked on noddle and it's showing that the account with hsbc was defaulted on 5/02/11 but the registration with mkdp shows 5/10/11. So they don't know what they're on sbout do they?

Do you know when the Default Notice was supposed to have been issued ? HSBC usually didnt provide the statutory time to deal with the breach. You are supposed to be given 14 days with an allowance for posting (2 business days for 1st class and 4 business days for 2nd class or UK Mail). Business days are Monday to Friday, not including weekends and Bank Holidays.

 

So if you have the date they supposedly issued the DN, then we could work that out for you.

 

IMHO, the template DNs are red herrings - All they are doing is attempting to show that with regard to the format, that the DN was compliant. How does anyone know for sure what dates were entered into the variables, or whether the amount they claimed was arrears, was correct ?

[jc24]

The processing form they enclosed that's supposed to prove I had a default notice shows processed in August and the amts nothing like what they claimed for.

[citizenB]

You would need to establish the date on which HSBC actually issued the DN - the recording on your credit file is a separate issue.

 

I suspect that MKDP have simply updated the records on 5/10/2011. When did they purchase the debt ?

 

Creditors are supposed to record the default no later than 6 months after it actually occured.

[jc24]

Hi Andy , I just wondered if you have time, could u have a look at the documents that they sent. They've been edited and posted on here. Do u think these will be accepted in the court as thats not a copy of an original default notice as asked for by the judge. Its not been looked at by the judge. I rang the court and she said nothings been done about it, its just been sitting on the system so she refering it today.

[AndyOrch]

Take a look later jc.

 

Regards

 

Andy

[jc24]

Thanks Andy.

[jc24]

Thanks Andy.

 

 

** update***

 

 

I maintained in court that they had not complied with the judges directions.

 

 

A template default notice was issued along with a screen shot that contained no details of mine.

 

 

The judge agreed with me and has dismissed the case!

 

 

Not sure what happens next

 

 

he refused their request to stay the case.

 

 

The judge said he had no reason to.

 

 

It was fully dismissed.