x3 court claims received all MKDP - HSBC Current Account***Claim Dismissed***

[willintonboots]

Thanks for your replies. It may appear self explanatory, but in a moment of panic it looks like a different language. I have processed my brain and now know what to do.

 

Thanks

I will continue to post updates.

[willintonboots]

Hello again,

I have received a letter from Northampton CC it is a notice of transfer of proccedings to Milton Keynes. Could this mean a hearing?

 

Still nothing back from MKDP even though they said at median they would send all this apparent paper work through...

[oleg]

As per credit card thread. You need to seek to transfer it to your local court.

[AndyOrch]

Its already being transferred ...hence the Notice of Transfer...DQs have been submitted.

 

Andy

[willintonboots]

I gave MK county court a phone call because I had not heard anything. They have said that a hearing date has been set for February and to await the directions from the judge.

 

I am slightly confused in the fact at mediation they said they would she back to the court to ask for all paper work to be produced in order to move forward. But now this has gone to a hearing. Have I missed something?

Starting to feel very nervous about this. I am absolutely terrified of going into court room.

[AndyOrch]

See your other thread...same applies here.......why are you terrified of courts?...dentist is far worse:madgrin:

[willintonboots]

Thank you.

 

Haha I guess they are worse. I hadn't made the comparison until now.

I just do not cope very well in pressured environments. I process and take time to reflect so the idea panics me somewhat.

[willintonboots]

Hello,

 

So here is an update.

 

I have the notice of allocations to a small claims track (hearing) with issued directions.

 

I have had a break through this morning on obtaining information about this account.

 

So after all this account isn't HSBC. It is infact first direct. I called them When hsbc informed me of this. I must say they were so very helpful and are sending me out statements and letters that I have requested to prove amounts etc.

 

It appears that First direct have amalgamated a visa credit card and a bank account which amounts to the balance. I have the breakdown of what the amounts were and limits.

Bank account balance at closure £800.58 O/D limit £500

Visa account £331.30 Visa limit £800

Totaling to £1,131.80.

Last Payment into bank account was 12/05/2009 for £190.00

 

The account in the particulars is described as a bank account only.

 

I wish I knew this information before submitting my defence. I tried to get information, but it was not forth coming.

[AndyOrch]

"Last Payment into bank account was 12/05/2009 for £190.00"

 

And the credit card?

[willintonboots]

I am waiting for First Direct to send me statements so I can find out that information. I couldn't get the information over the phone regarding the credit card.

 

If on the particulars this refers to a bank account, surely the fact they have combined these, it must be difficult to prove under a credit agreement?

 

Many Thanks

[AndyOrch]

Very difficult....when they amalgamate 2 causes of action...there should be separate pleadings.

[willintonboots]

Thanks Andy,

It will be interesting to see how this one unfolds. Particularly if they pay the fees I suppose is the next tell tell sign of how far they will push. They're deadline on both cases for the fees to be paid is 29th December.

[oleg]

Are you certain that M K merged two debts and not that First Direct used your current account to pay off your stagnant credit card? The latter may, in theory, have given M K an easier ride - a singular cause of action - but the legitimacy of such a "settlement" of your card could well be challengeable [eg against industry guidelines to pay off one debt via a more expensive one].

[willintonboots]

I spoke with First Direct this morning. They stated the credit card debt was added to the balance of the bank account and then closed. The credit card wasn't in any difficulty either, but they decided to withdraw my facilities on it after I had made a £500 payment off the card. (Info I found out today)

The bank account overdraft limit was only £500, but before they added the credit card the balance was £800.88 they added the credit card balance of £300 and something and combined it all together and passed it on to an external debt agency.

[AndyOrch]

A lot of useful information there willington......will come in useful against the claimant considering they dont even know what they have been assigned:madgrin:

[willintonboots]

Morning,

 

So on the 23rd December MKDP paid the court fees for both claims!

 

I have recieved an annual statement from MKDP for both accounts they are claiming, yet nothing in terms of the directions or my CPR & CCA requests.

 

I am going to wait till the very last minute to submit anything.

I need to start thinking about my witness statement. I really want to get this right and am worried sick about it and the dress of this is effecting my sleeping etc!

It would be good if I could have a few pointers or advise of sorts before I go an plough into it for it to be ripped apart. Haha

 

Many thanks.

[AndyOrch]

Try to wait until you receive their WS before you submit yours..this will give you an heads up on what their points will be.

 

 

Andy

[willintonboots]

Ok will do.

 

Thanks Andy

[oleg]

Willin

 

If anxiety gremlins are agitating you, it might have a strangely soothing effect to look at others' WSs so that you can get the feel and the fine distinction between WS and defence. Even better if you can do a couple of practice dry runs, in anticipation of the Opposition's statement. It really can focus the mind more than passing the time drinking meths.

[willintonboots]

So looks like I won't be going to a hearing 16th Feb! Just recieved a letter stating the date had changed to the 9th.

 

I don't have much time left. I'd need to have my defence submitted by the end of next week.

 

I've not heard from MKDP at all!

[AndyOrch]

So looks like I won't be going to a hearing 16th Feb! Just recieved a letter stating the date had changed to the 9th.

 

I don't have much time left. I'd need to have my defence submitted by the end of next week.

 

I've not heard from MKDP at all!

 

Witness Statement

[willintonboots]

Hello,

 

Here is a rough draft of a witness statement. Ive not received anything from MKDP, so I am just having a stab at this in preparation, I will be serving on Friday....

 

 

1. The Clamant claims the sum £xxxxx, which includes courts fees of £xxxxx from the defendant under an alleged regulated agreement originally between, the defendant and HSBC.

 

2. The claimant alleges that the defendants account number was xxxxxx and assigned to the claimant on the and the claimant claims the defendant was notified.

 

3. No documents supporting the claim in the particulars have been offered by the claimant nor have any dates of agreement or assignment been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

4. It is alleged no payments have been made in accordance with the terms of the agreement. No agreement has been produced along with any evidence to suggest the amounts claimed.

 

3. The claimant had failed to produce any evidence that an agreement exists. It is therefore not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with HSBC.

 

4. I am a current customer of HSBC and have been banking with them since 2007 and I am still using the account I first opened with HSBC. The account number suggested by the claimant I do not recognise.

 

5. The claimant suggests the assignment date was xxxxxx, they entered the claim on xxxxxx (nearly three years since alleged assignment), and the defendant has had no communication from the claimant regarding this alleged debt until the claim on the xxxxxx.

 

6. The particulars are vague as there is no date of when alleged agreement was entered into or defaulted and terminated.

 

7. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised defence and witness statement. As a result of this I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

 

8. A request was made to the Claimant via (Civil Procedure Rules) CPR 31.14, after the claim had been issued on the 04/08/2014 via Royal Mail signed for service and was received by the claimant on the xxxxxx (see exhibit 01), requesting disclosure of documents on which the Claimant is basing their claim. The Claimant had responded on the xxxxxx and stated they are not in possession of any paperwork connected to this claim and that it will take up to 8 weeks to comply (See Exhibit 02). The claimant has not complied with the CPR 31.14 and has not made further contact regarding the request since their response letter dated xxxxxx.

 

9. On the xxxxxx Both parties agreed to mediation. This could not go ahead due to the documents not being provided by the Claimant to the defendant. The Claimant said they would send out those documents. These have never been sent to the Defendant.

 

10. It is therefore not accepted 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 with the Claimant; and

b) Show how the Defendant has reached the amount claimed for; and

c) Evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears; and

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

11. It is denied I have been served with a Default Notice pursuant to the consumer credit Act 1974. As the Assignee of this alleged debt the Claimant would not be aware whether one had been served or not.

 

12. It is denied that I was ever informed of assignment of this debt neither by the original creditor nor the assignee. For an assignment to be legally binding it must be pursuant to the Law of Property Act 1925 (sec136).

Assuming it’s a Legal Assignment Only the benefit of an agreement may be assigned.

 

a) The assignment must be absolute.

b) The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

c) The assignment must be in writing and signed under hand by the assignor.

d) Notice of the assignment must be received by the other party or parties for the assignment to take effect.

 

13. The Claimant has not complied, as far necessary, with any pre-action conduct practice direction. They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

 

14. The conduct of the claimant has been obstructive and incorrect throughout the process of this claim and has not sought to actively resolve this disputed claim by failing to provide information and documents stated in the particulars, which could remedy a quick resolution.

 

15. The claimant has acted in an inappropriate manner by entering on my credit file the sums of money allegedly owed by myself including the court fees for this hearing, even though this claim has not been concluded. (See Exhibit 03)

 

16. The claimant sent out a statement in December stating I owe money including court fees for this claim even though the claim had not been concluded. (See Exhibit 06)

 

17. The Defendant respectfully requests that on the grounds of failure to comply with directions in the correct time limits, failure to supply evidence that the alleged sums are owed. Failure to comply with the CPR 31.14 (Civil Procedure Rules) request that the case is dismissed / stuck out / or stayed.

[oleg]

.

I think you better make the same change to no. 12 above as per no. 15 of the other "live" claim - the credit card proper. But hang on . . . I am unable to check back to refresh my memory as I have to disappear now, but why the remarks about CCA and Default Notice if this is about a current account, where they wouldn't apply? Or is it one of those where they messed up about the account type?

 

[i've edited reference above to "no. 15". I had, by that stage, like you, reached mental incapacity. ]

[willintonboots]

Ok I'll make the changes.

 

In the particulars it refers to a current account. So by the looks of it I've left a few bits that need removing. Sorry.

 

I know this is two accounts merged. I'm not sure they do. So it will be difficult for them to come up with documents for s start.

 

I decided to go down the route of getting them to provide documents to proove and if they do, I have more info to throw back. I don't see the point giving all the info away when it could play into their hands.

 

Feel free to tell me I have the wrong idea. I just couldn't see how else to play it.

[oleg]

Apologies. I've just looked back. This is the claim where they got their . . . . in a twist. They did indeed mention CCA, so ignore my previous comment.

 

Now I really must leave. Sorry.