mkdp claim form hsbc bank account combined with loan***Claim Discontinued***

[hicab]

Hi all have been attempting to help my daughter sort out her debt problems .

Recent success Bryan carter discontinued court claim due to information from this site .

 

 

We now however have MKDP claiming for old hsbc debt . details below .

Current account overdraft shows on CRA as defaulted November 2007 as does flexiloan .

 

 

Name of the Claimant MKDP LLP

Date of issue 08 June 2015

 

What is the claim for

 

The claimant claims sum of xxxx being monies due from the defendant(s) to HSBC bank plc under a bank account facility

regulated by the consumer credit act 1974 and assigned to the claimant on 08/12/011.

The defendant(s) s account number was xxxxxxxxx.

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 HSBC bank plc.

The claimant claims the sum of xxxxxxx and costs .

The claimant has complied , as far as is necessary , with the pre-action connduct practice direction.

 

What is the value of the claim? 1,761.70

 

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

Overdraft /combined with loan. Account number claim under is current account no mention of loan account number .

 

When did you enter into the original agreement before or after 2007? bank account 2004 / loan 2007

 

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 MKDP LLP

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? unsure

 

Did you receive a Default Notice from the original creditor? unsure

 

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

 

Why did you cease payments? Debts were building up not enough money to go round so prioritised to rent and neccesities .

 

What was the date of your last payment? poss 2013 to MKDP under current account number no mention of loan

 

Was there a dispute with the original creditor that remains unresolved? unsure

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Yes they offered consolidating loan at payments i could not afford , so i refused .

 

 

Actions so far are as follows

AOS done 13/06/15 ,

CPR 31.14 to MKDP done 15/06/15 ,

SAR to HSBC done 15/06/15 .

MKDP responded to CPR with copy of terms an conditions effective 1st november 2007 ,

also copy (looks like computer printout as opposed to original ) of a default notice not signed or dated

however the account number on this notice is for the flexiloan account and not the bank current account number

of which the claim in the POC is for .

It would seem that the two debts have been combined and i would say that MKDP are unaware of this ,

as they make no mention to the flexiloan in their claim .

To sum up looking for some advice as to how to proceed as the bulk of the debt is the flexiloan , and the overdraft is mainly charges .

I do not want to accidentlly alert MKDP of their error with the default notice

and the fact that the loan has been bundled in with a current account as they make no mention of the loan in their claim .

Where do MKDP stand if they continue to court ,and what would be the best way forward

IE ask MKDP for cca and informing them about the two accounts being combined

(as im pretty sure that the flexiloan was statute barred as of 2013 ,

however as said earlier 10 pound payment was made to MKDP under this debt

after constant phonecalls and hounding but with only the current account details .

 

Would appreciate some advice if anyone is able to offer some as defence is due Friday 10th if i worked it out correctly .

 

Edited July 5, 2015 by Andyorch
Hi lights added

[Andyorch]

Which CPR 31.14 version have you utilised ...current account or loan credit card version?

 

Regards

 

Andy

[hicab]

Many thanks for your reponse . I used current account one as it is the current account overdraft only that is mentioned in the POC. Although as stated it is in fact current account and loan been combined under current account number . Im assuming HSBC did this prior to selling on as i dont think MKDP are aware this is the case .

 

Thanks

Edited July 5, 2015 by hicab

[SabreSheep]

Current account + Loan? One covered by CCA and the other not, ho humm

[hicab]

Yes Sabresheep thats how i understand it ,

just did not want to enlighten them of the two accounts being combined as mentioned earlier

£10 was paid to MKDP in 2013 after a lot of harassment

(it was after this that my daughter informed me of her debts and asked for my help ).

 

 

I have concerns that MKDP might claim that the £10 paid also counts towards the flexiloan

then they state that its not statute barred if they come chasing it in the future

even though loan has never been mentioned by them ,

 

 

as stated i think they are unaware that two different accounts have been combined .

[Andyorch]

Well best retain that information for now...nothing new it happens quite regularly...DCAs are not aware or interested in what their 10p int he pound has purchased...but they should because it makes their pleadings verge on perjury...their pleadings are false. I advise you run along and humor them for now ...take them as far as possible into the court process...get them to pay every fee required to progress the claim ......and then drop the bombshell.

 

For the record and future requirement ...have you ever done a CCA request on the amalgamated loan content?

 

Regards

 

Andy

[hicab]

Andyorch how could i do the CCA request without informing them of the combined accounts .

 

Thanks

[Andyorch]

I was referring to the past ...the original creditor

[hicab]

Ok have done SAR to HSBC already so should i rely on that or send to HSBC a seperate request for CCA.

 

 

Any pointers for impending defence on Friday ,

would the combined accounts need to be mentioned in that

or would (in theory) the fact that the response to the CPR requested

included no default notice relating to the account number listed in the POC ,

 

 

also no assignment letter and terms and conditions valid from 2007 rather than 2004 when account opened be enough for defence .

 

Many thanks for your help

[Andyorch]

Slow down......

 

I have defences already prepared for amalgamated claims....for now just send a CCA request to MKDP using the account number they refer to in their particulars.....in theory we want a response stating this is a current account and therefore section 77 is irrelevant as current accounts are not covered by that legislation...then we will take it from there.

 

Friday the 10th is correct for your defence submission.

[hicab]

OK many thanks will get that off tomorrow .

[dx100uk]

Aha another of the HSBC managed loans debacles?

 

As andy says plenty of threads here if you type in HSBC managed loan in our search.

 

Dx

[hicab]

Thanks for looking in DX 100uk

 

, luckily my daughter refused the offer of one of their managed loans or things may well be worse .

 

That was their answer to solve all her problems ,

 

looking at her credit file from that time im surprised they would even have considered it .

[hicab]

Hi all

 

cca done delivered and signed for tuesday no response as of today not that surprising i guess .

 

However defence needs to be done tomorrow

 

any chance of rough idea andyorch of one of your amalgamated accounts defence ( you mentioned in previous post ) to fit the circumstances as they stand .

 

I will however check post tomorrow for the cca response we are hoping for IE for them to say not relevant as current account

and if received can add to defence if thats what you advise .

 

Many thanks for your help .

[hicab]

Hi all been looking around CAG for examples of almalgamated account defence , cant seem to find anything as of yet .

 

 

Andyorch mentioned on this thread he has prepared defences ready for these circumstances ,

 

 

any ideas where i can find examples as defence needs doing today .

 

 

If your around Andyorch your input would be much appreciated .

 

Many thanks

[DonkeyB]

They offered her a loan to cover her debt? That is an absolute no-no – strictly against debt collection guidelines. You must report this to the FCA.

[hicab]

Yes in 2007 HSBC offered her a conslidating managed loan to clear overdraft , credit card and flexiloan , she refised as repayments were unmanageable . It seems on reading on here that HSBC do this regularly .

[DonkeyB]

Yes in 2007 HSBC offered her a conslidating managed loan to clear overdraft , credit card and flexiloan , she refised as repayments were unmanageable . It seems on reading on here that HSBC do this regularly .

 

Sorry, I thought you meant MKDP offered her a loan. It’s more normal for a bank as this would be regarded as an ongoing relationship, but it would not be on for a debt buyer to do this.

[hicab]

No problem , things can certainly get confusing on here with so many different posts being read .

thanks for looking in

[Andyorch]

Be with you shortly hicab........we will meet the 4.00pm deadline.

 

Regards

 

Andy

[hicab]

Many thanks Andyorch

[Andyorch]

hicab....is it safe to assume that both debts are statute barred /

 

"Current account overdraft shows on CRA as defaulted November 2007 as does flexiloan ."

 

What was the date of your last payment?

 

poss 2013 to MKDP under current account number no mention of loan

[hicab]

£10 paid to MKDP under the current account number only no mention of loan account number so flexiloan statute but current account not due to this ten pounds .

Thanks

[Andyorch]

Roughly what is the split in the debt...current > loan?

 

Also have MK always chased both debts as one debt?

[hicab]

loan = £1050

overdraft £721 including approx 425 charges

 

thanks