MKDP Claim received, old HSBC credit Card 'debt'

[cosmos70]

Hi, this is my first post, have followed other threads and got the ball rolling but am still worried about this.

 

Claimant= MKDP

Date of issue = 30 April 2014

What is the claim for, POC =

By an agreement between HSBC & the Defendant on or around xx/xx/2002 (“the Agreement”)

HSBC agreed to issue the Defendant with a credit card upon the terms & conditions set out therein.

In breach of the Agreement the Defendant failed to make the minimum payments due

& the Agreement was terminated.

The Agreement was assigned to the claimant on xx/xx/2013

THE CLAIMANT THEREFORE CLAIMS

1. 11xxx.xx

2. Interest pursuant to section 69 of the County Courts Act 1984, namely 2xxx.xx and continuing until Judgment or sooner payment at the rate of x.xx

 

What is the value of the claim? +£13k

 

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?

Yes claimant has included s69 interest in total (i.e. added to debt) and its shown separate in Particulars

 

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 is assigned and debt purchaser has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes - but has wrong address

 

Did you receive a Default Notice from the original creditor?

Yes – this is incorrect, arrears amount is wrong

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments:- Initially entered a repayment plan, then raised an account dispute which was not resolved

 

Was there a dispute with the original creditor that remains unresolved? YES, further to above the arrears amounts were incorrectly calculated

 

Story so far;

No Account Termination received, but NOA received.

Letter before Action from MKDP has wrong address

 

Court Claim form has wrong address – hence cannot use MCOL,

contacted court and have posted the AOS with defend all which has been confirmed received

 

I have also sent CCA and CPR 31.14 in accordance with other threads I’ve read

 

At the moment I

’m looking to base my defence on the failure to remedy dispute,

defective arrears and DN,

I don’t recall any Agreement exists in the required form,

and am assuming I’m unlikely to receive anything prior to requiring to submit a defence.

I’d welcome any advice in relation to the above to confirm or otherwise if I’m on the right path for preparing said defence,

if my basis will be robust enough, or indeed if I should be dealing with this in another manner.

Many Thanks

[SabreSheep]

Someone will be around shortly I suspect. In meantime they may advise you to scan in the claim form and link it on here.

Im sure they will be able to make suggestions regarding your defense.

 

Do you know off hand if you have PPI, Overlimit charges and late payments? You might be able to issue a counter claim.

 

I noticed the sum in total is above £10,000 so unlikely to go to small claims court

[cosmos70]

Hi SabreSheep, thanks for reply.

 

There's no PPI, i'll check back for Overlimit and late payments as i can't accurately recall

Yes, above £10k, i'll need to re-read the implications of it not being small claims as i've got overload from reading too many other threads!

[dx100uk]

so you did not inform your creditors of your move

 

hence why the claim form has the wrong address ?

[cosmos70]

Hi dx, i've not moved, i've been at same house all the while.

 

The OC had correct address until they sent the NOA which had wrong address (this also had a letter included from Claimant)

 

the claimant has managed to get the wrong address somehow,

albeit it's next doors address!!

 

I guess i'm wondering if this is just incompetence or an attempt by the claimant to frustrate matters??

[dx100uk]

well you could poss get the claim thrown out for that .

 

dx

[cosmos70]

Oh, right, i did not know that, i mentioned it only because i thought it may be of use in my defence. Is there a process i'd need to follow for that? I've not yet managed to find anything similar to give me direction.Thanks

[dx100uk]

plenty of time

 

you have until 33 days from [inc] of the date on the claimform to file your defence

 

dx

[cosmos70]

I received a letter (from sols) saying that they are willing to extend period to submit defence by 28 days and that account is put on hold until CCA request is dealt with. I’ve assumed no merit in the above (only as potential to get default) hence have posted my defence below which is on basis that I receive no CCA tomorrow (the deadline). I’ll be needing to submit defence this week.

The particulars of claim read as follows;

 

1. The Claimant claims the sum of 11xxx.xx being monies due from the Defendant to the Claimant under a credit card agreement originally between the Defendant and xxxxxx Bank.

2. The Defendant's account was assigned to the Claimant on xx/1x/2013,

3. The Defendant has failed to make payments in accordance with the terms of the agreement and the agreement was terminated.

4. The Claimant claims Interest pursuant to s.69 for the sum of xxxx.xx and costs.

Defence;

1. Paragraph 1 is noted I have in the past had financial dealings with xxxxxx Bank but deny any monies being due as alleged by the claimant. It is therefore requested the claimant be ordered to disclose evidence of any alleged outstanding balance.

 

2. Paragraph 2 is accepted that a letter of assignment was received however this was incorrectly addressed.Therefore any assignment is rendered invalid and not in compliance with Law of Property Act.

 

3. The Defendant denies any breach of an agreement the claimant has failed to disclose any agreement.

 

4. The claimant is denied section 69 interest to the value of £xxxx.xx which they have included within the alleged debt, it has yet to be judged and is at the discretion of the court to allow any interest.

 

5. On the xxth May 2014 ( signed for on xxth May) I requested information pertaining to this claim by way a Section 77/78 request. Any alleged agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act, and until such compliance is unable to request any relief connected to the alleged agreement.

 

6. A further request was made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has responded that, they are not in possession of any paperwork connected to this claim.

 

7. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit.

 

8. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract 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;

(d) show that the Claimant or Original Creditor has served a compliant Default Notice

 

9. The Claimant has agreed to a defence extension which was not requested. It is my contention that the claimant has acted this way to frustrate and confuse my submission date to enable them to attain a judgment by default.

10. The Claimant has consistently used the wrong address on correspondence and this Claim. It is my contention that the claimant has acted this way to frustrate proceedings to enable them to attain a judgment by default.

11. As per Civil Procedure Rule 16.5.4, it is expected that the Claimant prove the allegation that the money is owed.

 

12. Furthermore, 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 and 196 of the Law of Property Act 1925 and Section 82a of the consumer credit Act 1974.

 

13. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct practice directions.

14. 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.

 

Please could someone more qualified than me proof my defence above and let me know if it’s fit for purpose?

Also, in general when constructing a defence whereby the claimant is an assignee and the majority of the issues were caused by the OC, should this be made explicit in the defence by reference to the OC? Issues here include defective DN, incorrect calculation of arrears, no CCA from OC.

Thanks in advance

 

[Andyorch]

Responding to your PM cosmos...just a few tweaks in red above.

 

Regards

 

Andy

[cosmos70]

Excellent, many thanks Andy for your assistance