applying for dca claim strikeout

[chindit]

hello this is my first post so please forgive any mistakes.

 

i have recently defended a court action with mkdp for a old hsbc current account with overdraught

that has ended up at 4800 pounds .

 

the posision now is that mkdp didnt send a cca request

but sent a letter saying it could take 8 weeks.

 

the 33 days for them to respond to my court defence has passed.

 

i presume this will now be stayed.

 

sorry forgot to say my defence was that this account is statute barred.

 

7 years of no contact or payment by myself since cause of action.

 

should i now send a n244 to ask it be struck out

on the basis that this claiam is without merit.

 

mkdp had put a default on my credit file in 09 which was 2 years after cause of action.

but served nothing on me before the court claim.

 

i would appreciate some advice as to whether i should leave alone and see what moves they make

 

.i would prefer to kill it if poss but i am now stumped.

 

thanyou in anticipation.

 

chindit

[ims21]

Hi and welcome to CAG.

 

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.

[dx100uk]

I would suggest that hsbc put that default on

before they sold the debt on.

 

did you send an sar to get all the statements from HSBC?

 

might be an idea.

 

dx

[SabreSheep]

CCA for a current account? thought they didnt apply for current accounts?.

 

Someone will come along shortly. I suspect you might need to follow the instructions that will be forthcoming form the site team about how to upload documents.

[chindit]

hi and thanks for the reply

 

yes i think hsbc will have done.

 

i did send a sars hsbc replied wanting a signiture .

which i did not want to give

 

however with it being statute barred.

 

didnt think that was important.

 

thought i would concentrate on mkdp

 

.they havent sent anything to support their claim or responded to my defence.

 

they want up to 8 weeks to send documents i feel they should have these before putting me in court.

 

if they cant respond to my defence i dont believe they have anything to support their claim .

 

i really want to clear this up one way or another.

 

ie.put up or shut up.

 

thanks again.

[chindit]

hi thanks for responding on the court claim they mention regulated under the consumer credit act. so i thought cca would apply.perhaps because it had a overdraught.

[SabreSheep]

As far as Im aware CCA request does not apply for current accounts and associated overdrafts.

Im sure someone will be able to confirm shortly.

[chindit]

hi i need some advice if you would be so kind.i am about to fill in a n244 form from the county court re a claim by mkdp.which i have defended as statute barred. mkdp have not supplied cca n.o.a etc.or responded to my defence.i would like to apply to have the claim struck out. i would like to know the proper wording to ask the court to do this . hope you will help kind regards chindit.

[BankFodder]

If you have defended on the basis that it is SB - then you don't need to do any more. However, it would have been a good idea to raise the issue of the CCA as well in the same defence.

[SabreSheep]

You might want to provide the details of their claim (without personal info)

 

Why do you believe the account to be statute barred

When was last payment made on the account.

[dx100uk]

two threads merged

 

keep to this thread please

 

can you fill this in so we know all the details

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

[chindit]

hi and thanks for responding.it is well over the 6 years cant be exact around 7 but they havent responded to my defence and i would like to kill this if possible.regards.

[citizenB]

You wont receive a copy of an agreement if this is a current account - you should however receive a copy of hte facility letter.

 

If you submitted a Statute barred defence, then it will be up to them now to prove that it isnt.

 

I doubt very much that you would be able to obtain a strike out so early in the game. If they have still not responded say within 3 months, then it could be worth considering.

[chindit]

thankyou for you reply

 

it has been 6 weeks now.

 

i read somewhere they had 12 plus 2 days to send requested proof

and 33 days to respond to my court defence.

 

then another month after that i could apply for strike out

 

.i just wanted to have everything ready to send to the court.

 

also on their claim form it states this debt was a bank account facility regulated by the c.c.a

 

i thought therefore a cca request would be valid.

 

your thoughts would be greatly appreciated.

 

regards chindit.

[citizenB]

I think andyorch would be able to explain the "current account" situation as regards to the Consumer Credit Act, far better than I can.. there is some protection, but there just isnt an agreement as such. However you should have received a letter explaining what the amount of the OD/ interest and other pertinent facts such as when they could call the borrowing in and stuff like that.

 

Once you have submitted a defence, the claimant has 28 days in which to decide if they wish to proceed, after which time the court stays it. Either party can request that the stay be lifted .. the claimant to confirm they wish to proceed or the defendant in order to request a strike out. I think there is a fee for this.

 

For the CCA request, the compliance time is indeed 12 working days + 2 . Whilst the s78 request is in default then the claimant should not be able to proceed.

 

IMHO, I think they should also not be permitted to issue a claim unless they have the information on which they base their claim. It must be an abuse of process to issue a claim when they do not have this information and then simply have it languishing whilst they try to either find or reconstruct one !!

[chindit]

thanks for your reply i think you talk a lot of sense.i spoke to northampton court today mkdp have not responded.i will now send n244 form asking for it to be struck out i will keep you posted.kind regards chindit.

[AndyOrch]

Overdrafts whilst partially covered by the CCA 1974 are exempt except for part v..there is no agreement (CCA) but a facility service agreement.

I have only ever seen one claimant comply in 30 years.

 

As for your strike out the fee is £155.00 you will have to include the payment with your application N244 and enclose a draft order stating why you want it struck out and which CPR PD,s you will be relying on and pursuant to.

 

Regards

 

Andy