MKDP court claim on 2001 HSBC loan - please help

[AndyOrch]

I should imagine the standard template response from Mr C is winging its way to you offering payment/settlement/consent terms.....before he decides to submit his DQ and pay the allocation fee.

 

Regards

 

Andy

[slymon23]

Hi all,

Today I have received a letter from the court it's a notice of proposed allocation to the fast track

Can anybody advise on my next steps with this ?

[citizenB]

You need to complete and return the form to the court by the date mentioned. I am sure andyorch will see you have made a new post and look in on you as soon as he can.

[slymon23]

I have just checked my experian file and the £1 postal order I sent has been taken off the balance! I didn't think they could do this

I have not received anything at all from mkdp

[slymon23]

Can anybody give me advise on how to complete the form from the court please?

[AndyOrch]

Hi

 

Simple to complete just follow the claimants N181 but you dont complete fee...you are the defendant.

 

Mediation...Yes

 

B2 local county courticon

 

Pre Action Protocol...leave blank

 

I think 1 hour is pushing it for a Fast Track claim...3 hours.

 

 

In disclosure ...Standard Disclosure but if you have made request via CPR 31.14 or Section77/78 with no compliance state it here.

 

 

 

Draft Directions ( unlike theirs which is copy of the Notice of Allocation)

 

In the ************* county court

Claim number **********

 

 

Between

************* - Claimant

 

 

and

 

 

xxxxxxxxxx - Defendant

 

 

Draft Order for Directions (edit to suit)

 

 

 

The Claimant shall send to the Defendant and to the Court:

 

o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o Copies of any statement or other document relied upon

 

If the Claimant fails to comply with this order, the claim will be struck out without further order with costs in the case.

 

 

Regards

 

Andy

[slymon23]

Hi Andy thanks for the above (I thought I had already said thank you but obviously didn't sorry)

 

I have now received a letter from mkdp with a copy of an overdraft agreement , default notice ( just looks like a computer print out not signed by manager! , demand notice and some bank statements from an old current account end balance is 0.00 and account closed 2009

 

Could you please advise my next stage?

I'm confused to how these documents are relevant as I have requested cca but they have cashed the £1 and only sent the above!

 

Look forward to your response

 

Thanks

[AndyOrch]

What does the letter state?

 

Copy of an overdraft agreement is not much use when they are claiming its a personal loan.You would think they could at least get the account type correct having owned it for 754 days:-)

[slymon23]

My thoughts exactly!

 

It says -

We write with reference to your defence on the claim above.

 

Please find enclosed a copy of the overdraft agreement, default notice, demand for payment and statements of account.

 

We now invite you to withdraw your defence and look forward to receiving your repayment proposal in due course. If you wish to discuss this further please call the legal department

[AndyOrch]

Excellent okay although i would not normally advocate not responding on this occasion I think this warrants a response:-

 

Dear Sirs

 

Further to your letter dated xxxxx It is assumed that this in response to my CPR.31.14 request.However you appear to have mistakenly disclosed a copy of an Overdraft facility agreement and not a copy of the agreement on which your claim relies upon.Considering that you claim to have been assigned this account now for 754 days it would not be unfaie to assume that you should have all the relevant paperwork in your possession considering that you have instigated litigation.

 

It is noted that you have cashed payment for my section 77 request but as of this date you still remain in default.If you could clarify whether you are able to comply with this request and will disclose at the relevant point of legal proceedings or not and if in fact it exists as this will have to be brought to the courts attention.

 

Alternatively if you are unable to proved the relevant agreement then I would invite you to withdraw your claim and confirm same until such time you are prepared to commence.

 

In the interest of wasted costs and court resources its seems pointless to continue when you are unable to substantiate your pleadings.

 

 

Yours Faithully

[slymon23]

Hi Andy

I have recently received a notice of allocation to fast track from the court nothing from mkdp

It asks for both parties to give each other standard disclosure of documents list by 8th sept do I need to request relevant docs again ?

Could you help How should I reply to this ?

 

Thanks on advance

[Ganymede]

Hi Andy

I have recently received a notice of allocation to fast track from the court nothing from mkdp

It asks for both parties to give each other standard disclosure of documents list by 8th sept do I need to request relevant docs again ?

Could you help How should I reply to this ?

 

Thanks on advance

You must complete and sign Form N265 - List of Documents Standard Disclosure and include all of the documents YOU intend to rely on in support of your claim and serve that on the other side's solicitor. They will do the same with you.

 

Once you have their List of Documents you can request any or all of the documents they have listed and the Fast Trak timetable you have should tell you when they must comply with your request by.

[slymon23]

You must complete and sign Form N265 - List of Documents Standard Disclosure and include all of the documents YOU intend to rely on in support of your claim and serve that on the other side's solicitor. They will do the same with you.

 

Once you have their List of Documents you can request any or all of the documents they have listed and the Fast Trak timetable you have should tell you when they must comply with your request by.

 

Hi thanks for your reply

I don't have any documents though so unsure what I should do

[Ganymede]

Well for a start you have a copy of your pleadings and correspondence with the other side...

[slymon23]

Well for a start you have a copy of your pleadings and correspondence with the other side...

 

Ok sorry I just don't have a clue about any of this

So I send all letters I have sent to court and to mkdp and sent them to mkdp and the court?

[AndyOrch]

Slymon.... on your N265 you list anything that you will be relying on or referred to in your Defence or WS........so CCA request CPR request and responses if any.... (not your defence or claim forms etc or anything they already have a copy of) Dont worry if you have little....its quite normal for the defendant to disclose less or in some cases nothing.

 

Andy

[slymon23]

Thanks do I just send to mkdp or to the court as well ?

I have put on the form CPR requested from mkdp dated 17/12/13 yet to receive and CCA requested from mkdp dated 3/1/14 yet to receive and printed off copies of the letter and enclosed

[AndyOrch]

What it states on your Notice of Allocation...if its states the court and the claimant then serve both

[Ganymede]

Thanks do I just send to mkdp or to the court as well ?

I have put on the form CPR requested from mkdp dated 17/12/13 yet to receive and CCA requested from mkdp dated 3/1/14 yet to receive and printed off copies of the letter and enclosed

Usually just the other side, but you can't go wrong sending a copy to the Court as well.

 

I would still name the pleadings, your Defence and correspondence between the parties etc even though the other side already have them. Just don't send them unless the other side request copies.

[slymon23]

Great thanks both

[slymon23]

Hi All, Just an updateI haven't received a disclosure from MKDP and need to send my N170 off can anybody help on how to complete it as it sounds as though its mainly for claimant to complete what do I put on it? and shall I enclose a letter saying that I have yet to see any of the documents I requested?Thanks in advance

[AndyOrch]

There is a specific part on the N170 to state that they have not disclosed.

 

http://www.inbrief.co.uk/preparing-for-trial/pre-trial-checklist-listing-questionnaire-n170.htm

 

Regards

 

Andy