MKDP claimform - old Lloyds OD ***Claim Discontinued***

[Terry1975]

I have received a claim form from Northampton CCBC as per below on Friday.

 

I'm unsure what to do with this,

the form states If you agree and are asking for time to pay

then send this direct to the claimant and not the court as this may result in a judgement against you,

 

 

does this mean if I make a deal with MKDP LLP then I will not get a CCJ?

 

It's a long story of how I ended up with this debt but

the short version is that in Jan 2008 I was out of work for 3 months,

my overdraft facility was £1000 which was maxed.

.. I had secured a new job but needed another £500 to see me through until the first payday,

they refused of course..

. I moved bank accounts and didn't pay off the £1000 owing due to servicing other priority debts.

 

I'm almost there out of my debt mountain,

I have paid off everything other than the car which finishes in June

and was hoping to buy a house in 12-18 months time

but getting a CCJ now will end up with me getting a high rate if anything at all making it unaffordable.

 

I think this may be more than 6 years old but have no way of proving this..

. the bank may have kept the account running for a good while as the £700 of charges must have taken a while to accrue.

 

Do I contact them and try to make a deal?

 

In all honesty it galls me that they have probably bought the debt for buttons

and I'd like very much for them not to get a sausage,

call me niave but if it was Lloyds themselves

I'd offer to pay them back the grand (in bits) that I do indeed owe them but not this lot.

 

I have seen a number of wins against them on various threads but don't know where to begin?

 

Can anyone please help?

 

Claimant

MKDP LLP

FLEMING HOUSE

SEEBECK PLACE

KNOWLHILL

MILTON KEYNES

MK5 8FR

 

Defendant

my name spelt incorrectly (does that matter?)

Correct Address

 

Particulars of claim

 

The claimant claims the sum of 1,722.94 being monies due from the Defendant(s) to Lloyds Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 20/06/2014.

The defendant(s) account number was (14 digit number... seems too long to be correct?). It was a term of the bank account that any debit balance would be repayable in full on demand.

The Defendant(s) has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC.

The Claimant claims the sum of 1722.94 and costs.

The Claimant has complied, and as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

Sorry I forgot to add that I opened the account in 1998.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Can you have a read of the link above and provide answers to the questions.. post them in this thread.

 

In addition,

 

When did you personally make the last payment or transaction on this account ?

 

I am assuming that it is a loan/overdraft ?

[Terry1975]

Hi, This was an overdraft on a current account on which the last transaction was in 2008,

Thank you for your help please see below for answers to the questions.

 

Name of the Claimant ? MKDP LLP

Date of issue 12 MAR 2015

 

What is the claim for –

 

The claimant claims the sum of 1,722.94

being monies due from the Defendant(s) to Lloyds Bank PLC under a bank account facility

regulated by the consumer credit Act 1974 and assigned to the Claimant on 20/06/2014.

The defendant(s) account number was (14 digit number... seems too long to be correct?).

It was a term of the bank account that any debit balance would be repayable in full on demand.

The Defendant(s) has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC.

 

The Claimant claims the sum of 1722.94 and costs.

 

The Claimant has complied, and as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

What is the value of the claim?1827.94

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Overdraft on old current account

When did you enter into the original agreement before or after 2007? Before, May 1998

 

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. Debt Purchaser issued, MKDP LLP

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO (may have gone to a previous address?)

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

Why did you cease payments? Financial difficulties, lost job then paid priority secured debts first

What was the date of your last payment?Late 2008

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

[Ford]

do you know when they first called in the overdraft amount, or first asked for an amount to be paid in?

[Terry1975]

Sorry no, I had to leave the property I was in at the time and wouldn't have received any further letters.

 

 

It's probably under the 6 year threshold or I guess MKDP wouldn't chase it?

[Ford]

ok. just a thought re poss statute bar date starting from around then. they usually start sending out requests soonish after going over the o/d limit. but, you made a payment 'late 2008' which wld reset if was after a formal demand. assuming that re an o/d bar starts from from the calling in/closure, any subsequent payments resetting the 'clock'.

q is whether it was after yr last payment. and if after, when.

so still maybe then a chance of it being barred?

[Terry1975]

Hi,

 

I wasn't over the limit at the time I stopped using the account,

the extra is all made up from charges where the interest no doubt took me over the limit and carried rolling on

 

When I say payment I meant transaction such as a direct debit,

once my last wage went in which will have been Oct 2008

and the debits went out I didn't use the account again,

 

 

I didn't receive anything regarding this account until the claim notice landed the other day

(can only presume it has taken them this long to get my current address)

 

What are my next steps? how do I find out if it is over the 6 years?

 

If it isn't statute barred do I defend the claim?

the account was opened in 1998 so maybe they will struggle to get my original signed agreement?

 

Total novice here so sorry for the lack of knowledge

 

Shall I phone MK and propose a deal or is it best not to speak to them?

[Ford]

there wont be a signed credit agreement re an o/d. as was not required re o/d's

 

you cld consider a sar to loyds. but they have 40 days re that. might be in time if they comply early. their logs shld show when it was called in, things in/out, etc.

[Terry1975]

Would they need to show the signature when I applied for the account along with T&C's? should I acknowledge the claim and then request info from the DCA? If I acknowledge it and then arrange to pay the DCA will I still end up with a CCJ?

 

Sorry to pester but I need to respond soon, any ideas on what I should do here?

[Andyorch]

Sorry to pester but I need to respond soon, any ideas on what I should do here?

 

You need to calm down..relax and read and research other threads here...you have until the 30th March to submit your acknowledgement

 

Andy

[Terry1975]

Andy,

 

You are right 100%..long day and I haven't slept too well, I had just got back from a 10 hour round trek to Stirling and back for work.

 

Looking through the threads it says don't cut and paste responses/letters as each case is unique, I will attempt to compose something asap and see what you think..... I'm just a little confused as to whether or not I have any chance of defending this at all.

 

If I make a deal with them do I still get a CCJ? the claim form states do not send an admittance with request for time to pay to the court as I may get a judgement... so if I roll over and pay them then I avoid a CCJ?

[Andyorch]

Even if you defend lose and get a CCJ...you still have 14 days to pay and it disappears...so always defend ...no deals.

[dx100uk]

ack the claim via the MCOL website after creating a username

defend all

leave juris unticked

 

 

get a current account CPR 31:14 from the legal section of the top green library tab off to MKDP

do not ever phone them.!!

 

 

go get you credit file

see if is shows and shows the last payment date.

 

 

noddle below is free

 

 

dx

[Terry1975]

Cheers, I will let you know what the credit file says and get the form off.

Registered? or will signed for do?

 

Much appreciated

[dx100uk]

CPR 31:14 can be sent 1st class with free proof of posting.

you don't have to use any recorded method if you don't want too.

 

 

 

 

ack the claim online at mcol website

 

 

dx

[Terry1975]

It shows the default as 11/03/2011 which is odd as I stopped using it in late 2008...

 

In previous years it only shows a list of D's going back to Aug 2014, they have no information before that to show when I last used the account whatsoever.

 

Shall I still get the CPR 31:14 off to them?

[Andyorch]

If you have conclusive evidence of last payment being in 2008...then it may be argued statute barred irrespective of the default being registered as 11/03/11

[Terry1975]

Sadly I don't have the statements from that period anymore, does the bank adding charges for interest on the overdraft and then subsequent over limit charges (until they decided it was in default) constitute a transaction(s) ?

[Ford]

.., does the bank adding charges for interest on the overdraft and then subsequent over limit charges (until they decided it was in default) constitute a transaction(s) ?

 

not from you re any stat bar.

 

i had thought you went over in jan 08 when you said it was maxed out.

 

...once my last wage went in which will have been Oct 2008 and the debits went out I didn't use the account again...

it looks like then it was a bit after oct 08 that you went over the o/d limit. and they then called it all in when going over limit?

i wld think the bar wld run from expiry of any notice/demand calling in/for payments.

[Terry1975]

Can I ask to the DCA to provide proof of when the demand was issued?

 

This is the issue with me not having kept the statements I know it was early 2008 when I asked for the OD to be extended, they refused so I opened another account whilst I still could and used that instead, it's very possible that October is stuck in my head as the date I totally abandoned the account.

 

I'm going to acknowledge on the MCOL site as advised and send the CPR 31:14 to MKDP and see what they come back with.

[dx100uk]

no harm in ringing LLoyds and asking

 

 

don't forget also that they are available online if you are lucky!

 

 

my accounts show right back to feb 2007

even closed/sold ones

 

 

dx

 

 

 

 

dx

[Ford]

the dca prob wont have such info to hand.

they'll prob have to disclose such info in the end though as one of andys o/d defence asks for proof of the termination notice i think.

was just asking in case bar wld run from then. ie the cause of action.

yes acknowledge in time with intent to defend. then some time to consider yr defence.

[Terry1975]

Thank you all, in addition to the template questions can I ask them for the original signed Bank Account agreement form?

 

Also a shot in the Dark but I keep hearing adverts about reclaiming unfair charges from Bank Accounts along with being mis sold current accounts with features, this was a select account with a £10 a month fee initially.... is it worth using that as a counter claim also?

[Ford]

can ask them for it, but it prob wont have any relevance re defence/enforceability, as a current a/c application was not a credit agreement.

re overdrafts when yours was, you'd be looking for the o/d facility notice which was supposed to be sent out after an agreed o/d. whether though that wld be enough to rely on its own?

 

missold package a/c's can be claimed on depend on the circs. how was it 'sold' to you?

[Terry1975]

It was sold as this account is the only one that we can offer you due to lack of credit history, I don't think a basic account for no credit/poor credit existed back then.

 

I think the OD facility was granted 12 months after seeing my salary go in each month so circa 1999.