Claim form from MKDP for old HSBC (cc?)

[katr]

Hi all,

 

Today I received a claim form out of Northampton CCBC from MKDP dated 20/03/14 and in the amount of £6500 inc court fee

 

PoC:

The claimant claims the sum of £6XXX.XX

being monies due from the Defendant to the Claimant under a regulated agreement

originally between the Defendant and HSBC Bank Plc.

 

 

The Defendants's account number was XXXX and

was assigned to the Claimant (end of) 2011,

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 £6XXX.XX and costs.

 

 

The Claimant has complied, as far as is necessary,

with the pre-action conduct practice direction.

 

From information shown on my credit file

I THINK the claim is for a credit card.

 

 

There is an entry for MKDP for the same value relating to an HSBC cc

but the partial account number bears no resemblance to that quoted on the claim form.

 

 

The account opened date shown on the credit file info is March 2007.

I do not recall receiving a Notice of Assignment,

nor a Default Notice from the original creditor

(although I could not categorically deny it).

 

I have prepared a CCA1974 request to MKDP (from the templates section)

and CPR34.14 request made out to the solicitor named on the claim form

(I assume that I send this to the address show for the Defendant?),

both of which I intend to send recorded delivery tomorrow.

 

I have also enrolled on the moneyclaim website and accessed the claim ready to respond to the claim

but am a little confused as to which response I should choose...

 

 

do I at this stage complete the Acknowledgement of Service and request 28 days or do I start a dispute?

 

Given that I have very little/no information regarding the original account am I right in thinking I should also issue a SAR to HSBC?

 

Anything else I need to do/consider at this stage?

 

All help GREATLY appreciated; thanks in advance!

[katr]

...reading further I think I have until 07/04/14 to acknowledge the claim and the 14 days from that date to enter a defence - is that right?

[Andyorch]

You have 19 days to AoS Katr from the date on the claim...yes you request 28 days and that is all you do at that stage.You then have a further 14 days to prepare and submit your defence.

 

DSAR can take up to 40 days to gain a response and is also considered a fishing exercise once litigation has comenced.

 

Regards

 

Andy

[katr]

Thanks Andy. Can I AoS now or would that mean I lose what's left of the initial 19 days?

 

DSAR can take up to 40 days to gain a response and is also considered a fishing exercise once litigation has comenced.

 

Are you saying I shouldn't SAR as it would look bad?

[Andyorch]

You can AoS anytime within the 19 days it does not reduce the 33 days.You can DSAR but some claimants view the request as advised and are not forth coming with a response.

 

What would you hope to attain from the DSAR...are there unfair charges involved?

[katr]

I honestly have no idea.

 

 

I recall having an HSBC credit card but I also remember I paid off an HSBC debt via a managed loan.

 

 

At the time this would have defaulted I was plummeted very suddenly into financial crisis and defaulted on several accounts;

I do not recall the details of this one at all.

 

What I do know is that I have never had a credit card limit above £5k

so I can only assume that a chunk of the sum they are quoting would comprise charges,

unfair or otherwise. If indeed it was a credit card.

[katr]

I assumed that I would need statements etc if only to determine whether the figure is justified?

[Andyorch]

Worthwhile requesting then..you need all data on all accounts held with HSBC

[Andyorch]

I assumed that I would need statements etc if only to determine whether the figure is justified?

 

Well yes but you get a partial statement with your CCA request....you wont get it with the CPR 31 (or anything come to that to be honest.)

 

If the information is not forth coming by defence time then you would have to put them to proof and request the information within your defence.

[katr]

Can literally ask them for that - ie do I need to be able to give them details of each separate account (which I don' have)?

[Andyorch]

No you shouldn't need to quote specific account numbers with the DSAR. Just specify all data held.

[katr]

Excellent, thank you so much for your advice Andy

[Andyorch]

You will need to quote account number on your section 77/78 request (CCA ) and it is important to head it " I do not acknowledge any debt with your company "

whilst the debt has been assigned and assuming you have not acknowledged or made any payment to MKDP.

 

Regards

 

Andy

[katr]

Done, and all sent off recorded delivery today.

 

I'm guessing that if the letters are signed for tomorrow then that starts the clock as day 1 of 7 on the CPR31.14?

[Andyorch]

Dont stand by the door for the postman...its most unlikely they will acknowledge or respond....the main point is that you have requested them with paper trail.

[katr]

So HSBC have responded to my SAR stating that they cannot comply until I provide them with a signature. I've seen much conflicting advice/opinion on how this should be handled on this site; what is the latest thinking on this issue please?

[Andyorch]

Our template quite clearly states a signature is required katr :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

Andy

[katr]

Having had little to no internet access recently I had to go it alone with my defence as it was coming right down to the wire I'm really hoping I haven't screwed things up!

 

Anyway, defence now filed as follows:

 

PARTICULARS OF CLAIM

 

Paragraph 1: The claimant claims the sum of £6XXX being monies

due from the Defendant to the Claimant under a regulated agreement

originally between the Defendant and HSBC Bank Plc.

 

Paragraph 2: The Defendants's account number was XXXX

and was assigned to the Claimant on 2011, notice of this has

been provided to the Defendant.

 

Paragraph 3: 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.

 

Paragraph 4: The Claimant claims the sum of £6XXX and costs.

The Claimant has complied, as far as is necessary, with the

pre-action conduct practice direction.

 

DEFENCE:

 

Paragraph 1 is accepted in that the Defendant has had financial

dealings with HSBC PLC in the past however, it is the Defendant's

recollection that all monies owed were repaid in full via a

managed loan. The Defendant has no recollection of any outstanding

agreement.

 

Paragraph 2 is denied the Defendant has no recollection of the

debt to be assigned/purchased. The Defendant is unaware with

regards to any assignment as no paperwork has ever been received

from either HSBC or MKDP.

 

Paragraph 3 is denied the Defendant has no recollection of any

outstanding agreement with HSBC or MKDP.

 

Paragraph 4 is denied there has been no previous communications

from the claimant.

 

On receipt of the claim the Defendant immediately requested copies

of any documents or information that would support the claim. The

request was made by CPR 31.14 and Section 78 request. The Claimant

has ignored this request and remain in default. I understand that

until their compliance the Claimant is unable to request any

relief or enforce any agreement.

 

Until such time the Claimant complies I the Defendant deny any

liability to the Claimant and puts the claimant to strict proof to

:

 

(a) show how the Defendant has entered into an agreement with the

Claimant and

 

(b) show how the Defendant has reached the amount claimed for and

 

© show how the Claimant has the legal right, either under

statute or equity to issue a claim.

 

As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it

is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act and

Section 82A of the Consumer Credit Act 1974.

 

By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief

at all.

 

Oh and as expected, nothing back on the CCA or CPR31...

[katr]

Well it's now just over 6 weeks since the court wrote acknowledging my defence and I have heard nothing from them or from MKDP since then. I've checked MCOL which still states latest document as defence. I assume that the status would have changed had it been stayed?

 

How long beyond the 28 day period do these things tend to extend?

[Andyorch]

It does not inform you on MCOL that its stayed...defence submitted is the end of MCOL involvement.

 

If 28 days has passed it stayed.

 

Regards

 

Andy

[katr]

Oh wow, I guess that's that for now then; I was prepared for this to go on and on.

 

Thank you so much for all of your help and support, Andy! You guys on this site are just amazing and I will absolutely make a donation to it's upkeep as a token of my appreciation.

 

Thanks again,

 

K

[Andyorch]

Oh wow, I guess that's that for now then; I was prepared for this to go on and on.

 

Thank you so much for all of your help and support, Andy! You guys on this site are just amazing and I will absolutely make a donation to it's upkeep as a token of my appreciation.

 

Thanks again,

 

K

 

It may well yet......bide your time.

 

Regards

 

Andy

[katr]

Hi guys,

 

There is entry on my credit report for an MKDP debt showing a default date of May 2009.

 

Going through some old paperwork recently I found several copies of old credit reports

which all show the original HSBC debt to have a default date of November 2008,

meaning that it should have fallen off my credit report last month.

 

I registered a dispute with Noddle, who have today informed me that they will not be making any change to my report as MKDP have refused.

 

Where should I go with this now?

 

I'm loathed to contact MKDP directly, although perhaps I should not be concerned?

 

Thanks in advance!

[Bazooka Boo]

You can if you wish issue a demand to MKDP to rectify the incorrect information or face a court case for defamation which the costs will be considerable.

 

Write to them in the first instance giving them 14 days in which to rectify the incorrect data,

then when they fail issue them with an LBA given them a further 7 days in which to rectify, failing which

you will issue a claim against them for damages in court.

[dx100uk]

are you sure this is not an updated default date?

 

 

dx