MKDP pursuing HSBC alleged debt

[JimboD]

Background:

In 2003 I took out a credit card with HSBC (who I held a current account with).

This had a credit limit of £200, which subsequently increased to £500, then £800.

 

In 2007 I defaulted on the card.

This default shows up on two separate occasions (more on that later) as 2008.

I had been querying with HSBC how the amount owed had increased to £1700+, and had not received any answers.

I (perhaps foolishly) then left this.

 

In 2012 I wrote to HSBC, quoted the card number, and stated that I believed the matter was not resolved,

and that I would like to resolve it, as I was worried about any adverse effect on my credit history.

This letter received no reply,

 

 

I followed it up with an additional letter a couple of months later.

Neither letter acknowledged any debt or offered any payment plan;

both referred to my concern over how the figure had been reached.

 

While this was going on,

I was receiving phone calls from what I believed to be various companies (Keynes, MKRR, Compello, MKDP etc etc)

asking for personal details, which I always refused.

It subsequently appears the alleged debt was purchased by MKDP LLP, and they were pursuing.

 

In 2014 I obtained a cred

it report from Equifax, Callcredit, and Experian, as I was looking at obtaining a mortgage.

 

 

There were a number of inaccuracies, but relevant to this was a CCJ obtained at an old address, by MKDP LLP, for £1796.

 

I applied to the court to have judgement set aside,

and this was granted on the basis that I had been a continual HSBC client,

so they should have had my correct address.

 

 

There was a condition that I filed a defence with the court by the 12th January.

 

The default date on the HSBC entry on my credit report (I've got some historical ones) is shown as 10/05/2008.

The default date on the MKDP entry is shown as 15/10/2008.

Neither show on my current credit report.

The CCJ has now disappeared from my credit report.

 

Question

I have always disputed this debt.

Court action was commenced before the debt became statute barred

(if you count the default date in 2008 as the cause of action,

rather than the date I stopped making payments etc).

 

What should I do?

A solicitor friend of a friend has suggested I 'Put MKDP to proof',

and has implied that they may not pursue this any further

- I however think they will.

 

 

How do I go about putting them to proof, and what should I ask for?

 

I'm all ready to send some faxes today (I've found this a pretty effective method of instant communication),

 

 

so I would appreciate:

 

1. Knowing what information to ask MKDP LLP for

2. Some help drafting my defence

 

Any support gratefully received.

 

Jim

[dx100uk]

no we don't publicise other sites without permission.

 

 

so time for a CCA request and a CPR 31:14.

 

 

dx

[dx100uk]

are you saying the CCJ is older than 6yrs now?

dx

[JimboD]

Hi DX, my apologies ref: the other site, that makes sense.

 

The CCJ itself 'was' issued in June 2014, but has now been set aside.

 

It's the original debt that is over 6 years old.

 

I'll look into your CCA and CPR 31:14 requests and get them sent off.

 

Best,

 

Jim

[dx100uk]

ok so start from the beginning

 

 

have you the claimform still please

 

 

dx

[JimboD]

I did not receive the original claim form - this was sent to an old address. Should I request this from the court?

[dx100uk]

it would be useful to know their PoC

 

 

dx

[JimboD]

CCBC sent me an electronic version of the particulars of claim.

 

 

They are:

 

 

THE CLAIMANT CLAIMS THE SUM OF 1,721.95

BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT

UNDER A REGULATED AGREEMENT ORIGINALLY BETWEEN THE DEFENDANT AND HSBC BANK PLC.

 

 

THE DEFENDANT`S ACCOUNT NUMBER WAS **redacted** AND

WAS ASSIGNED TO THE CLAIMANT ON 08/12/2011,

 

 

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 1,721.95 AND COSTS.

 

 

THE CLAIMANT HAS COMPLIED, AS FAR AS IS NECESSARY, WITH THE PRE-ACTION CONDUCT PRACTICE DIRECTION

[JimboD]

Looking at the template letters with their deadlines, I feel as if I've run out of time and left it a bit late to make any firm requests of MKDP - does it seem sensible that I should focus on my defence when actually in court?

[dx100uk]

send CCA request and CPR

 

 

dx