HSBC county court letter

[tomm0]

Good stuff, I shall do just that.

 

What would happen should they attempt to take this through the courts? Surely the first thing they'd need is some kind of agreement, right?

[citizenB]

Hi all,

 

So this is the latest correspondance. Any advice?

 

 

Ah, Wescot with the mis-truths again. The creditor is supposed to keep the agreement for the life of the agreement plus about 6 years after account closure.

 

As they have stated there is no agreement, I would sit back and enjoy the ever threatening letters with the knowledge they cannot enforce this debt through the courts (although they may try)

 

Wescot are being economical with the truth a silverfox says. Have a read of the following.

 

 

Document Retention

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

I would suggest that where a loan has been taken out to repay an earlier agreement, at the very least, a copy of the original agreement should be kept - although this is something that a court may need to rule on.

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard-12.html#post1755248

[tomm0]

Hi, I've just had a letter.

 

I have been disputing the debt for many years and finally mkdp sent me a credit agreement,

 

however there are two issues with this;

 

It is different to the credit agreement HSBC sent me a few years ago.

 

HSBC sent a blank form which was a 1 page agreement, not signed or populated with my details.

 

The recent one from mkdp was a full agreement populated with me details

and with my name handwritten in the signature box (not by me).

 

Any ideas greatly appreciated....

[tomm0]

Originally Posted by tomm0:

Hi, I've just had a very county court claim letter from mkdp. I have been disputing the debt for many years and finally mkdp sent me a credit agreement, however there are two issues with this;

 

It is different to the credit agreement HSBC sent me a few years ago. HSBC sent a blank form which was a 1 page agreement, not signed or populated with my details.

 

The recent one from mkdp was a full agreement populated with me details and with my name handwritten in the signature box (not by me).

 

Any ideas greatly appreciated....

 

Thanks

[tomm0]

Sorry to confirm the most recent agreement sent to me was not signed but some of my details (name and address) have been filled out by hand. The payment/DD section is uncompleted.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?179289-Credit-card

 

same card?

 

dx

[tomm0]

Yep that's it. Just had loads of letters since from various companies. Mkdp were chasing for a while then after about a year sent me the agreement which they've clearly completed themselves with my details.....

[tomm0]

Also just noted that the covering letter mkdp sent with the latest "agreement" States

 

Please find enclosed the documents you have requested:

 

Reconstituted credit agreement

 

 

 

 

However I never requested a reconstituted credit agreement. I did make a CCA1974 request which I believe states they must provide a true copy of the credit agreement. Which they have not. Surely no bank would provide credit where the form was only completed with a name and address and not signed?

 

Seriously looking to contest this. £85 court fees have been added. If I contest and were to lose what other costs am I looking at? I understand the Ccj would be removed if I paid in full within 30 days of the judgement, this is good as I am looking to apply for a mortgage soon and could pay if I lost.

 

So I guess I want to know

 

Thoughts on the outcome? Any past similar cases?

 

Additional costs should the judgment go the wrong

Way.

 

Cheers

[tomm0]

To add, the latter agreement surely conflicts with the earlier agreement (scanned on 2009 thread).

[dx100uk]

2009 cca

[dx100uk]

lets get your ducks inline please

 

fill this out:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

[citizenB]

In post # 52, Wescott advise that NO agreement is available, so the claimant has now provided a reconstruction - which for the purpose of your s78 request is sufficient.

 

As long as it was accompanied by..

 

Terms and conditions from both inception and current or at time of default and a statement of account.

 

If you could provide further information as requested by dx (check out the link he provided) then we might be able to advise further.

 

We do need the date of issue of the claim.

[tomm0]

In order for us to help you we require the following information:-

 

MKDP LLP

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue 20 March + 19 days ( 5 day for service + 14 days to acknowledge) = 8 April + 14 days to submit defence = 22 April (33 days in total)

 

What is the claim for – the reason they have issued the claim?

The claimant claims the sun of 3,816.60 being the monies due from the defandant to the claimant under a regulated agreement originally between the defandant and HSBC Bank Plc. The defendants account number was ################ and was assigned to the claimant on 08/12/2011, notice has been provided to the defendant. The defendant has failed to mak payments in accordance with the agreement and a default notice has been server persuant to the consumer credit act 1974. The claimant claims the sum of 3,816.60 and costs. The claimant has compied, as far as is necessary, with the pre-action conduct practice direction.

 

 

What is the value of the claim?

 

Amount claimed £3816.60

Court fee £85.00

Total amount £3901.60

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

Not that i can see

 

 

Is the claim for a current or credit/loan account or mobile phone account?

 

Credit card

When did you enter into the original agreement before or after 2007?

 

Before

 

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.

 

Account has been assinged and the debt purchaser issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Yes

 

Did you receive a Default Notice from the original creditor?

 

I don't beleive so, default notice was issued by debt purchased, MKDP

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Cannot confirm for sure but beleive so

Why did you cease payments:-

 

Requested copy of credit agreement, was not forthcoming

Was there a dispute with the original creditor that remains unresolved?

 

Yes, credit agreement not supplied

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

No

 

Thanks,

[tomm0]

Any advice here please???

[tomm0]

Sorry to chase on this but is anyone able to assist?

 

Thanks

[Andyorch]

Nothing to assist you with at the moment tomm0...have you sent a CPR 31.14 and section 78 ?

 

Just acknowledge the claim by the date advised (19 days from the date on the claim form)

 

Regards

 

Andy

[tomm0]

Thanks. I will acknowldge the claim.

 

What happens if i contest the claim and the judgement goes against me? Would i be liable for additional costs?

[Andyorch]

Yes subject to them being fixed assuming this is small claims track.

[tomm0]

Have sent the 31.14. If they reply with all the information what then?

 

Thanks

[Andyorch]

(If they comply) Check that its all valid and in order then decide if you have a defence.

[tomm0]

And if I don't have a defence I can just pay up and that's it?

 

Thanks

[Andyorch]

You always have the option to settle and pay before a trial date

[tomm0]

Hi all,

 

 

I have filled the AOS on 02/04, nothing yet and no update on the Moneyclaimonline site. Anything I need do?

 

 

thanks

[Andyorch]

Depends if you are defending or settling?

[tomm0]

Defending. I sent the 31.14 to MKDP and haven't had a response from them yet....