Update: MKDP did not proceed having received my defence so my claim is 'stayed'. MKDP can continue with their claim if they wish but they will have to pay a fee to have it un-stayed. I can't remember exactly but I think the guy I spoke to said a claim has a lifespan of 6 mnths and 11 days (??!). After this time the claim is thrown out and if MKDP then wish to continue, they would need to start the claim from scratch with all the relevant costs again. Thanks everyone, DD

Thanks Andy, I'll be sure to keep you informed ;-)

This is my concern as I have heard nothing since submitting my defence

Thanks Andy. If not via MCOL will I be notified in writing from the courts on what action the claimant has taken? DD

Hi all. It's now been over 2 weeks since I submitted my defence but I have heard nothing. The most recent history on MCOL is that my defence was received. Do I need to call the courts or just wait? DD

MCOL confirms that '[my] defence was submitted on 12/04/2014' although it was not 'received' until yesterday, 14/04/2014. Does it matter that there was a delay in my defence being received or is this purely due to the weekend? What happens now ?? Is it worth me notifying MKDP directly, in writing, on what my defence is/to advise of the SB in an attempt to have them withdraw their claim, and ultimately save them time and money? Or would this count as acknowledging the debt? Or should I just allow the process to continue, whatever that may entail? DD

Defence submitted

Hi and thanks bridgart. I had found that thread and was looking at using some of what was discussed there in my defence. From what I can gather however, this debt is statute barred........ I'm just hoping someone will confirm that I'm correct and cast an eye over my proposed 'defence' before I submit it in the next 30 minutes or so. DD

I'm thinking this debt is statute barred!! I have found a letter from HSBC, dated Nov 2007, stating that '...we have received no credit since 22 August 2007...' Other than my quest for a refund of unfair bank charges, through the courts, I have had no contact with HSBC. There has been no written acknowledgment. The only activity on the account since this date was their own debit interest. Do I simply submit the following as my defence? 1 The Claimant's claim was issued on 10 March 2014. 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the Claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £1302.42, or any other sum or relief of any kind, is denied . DD

This isn't going well! I don't really have a defence! I've had no reponse from MKDP but that isn't a defence in itself - it only forms part. My only ?defence is I can't find a DN from HSBC. I have most statements, relating to the bank account, credit cards and my graduate loan, but can't find this. This debt has arisen from unfair charges but again this is no longer a defence either. Is there anyway that the deadline to have a defence submitted to the courts can be extended? Any help really would be appreciated. DD

I now understand that this defence isn't for a current account - I did sort-of reognise this and removed the comment about a section 77/78 request...... I'm doing some more reading, namely on beereye's thread Bryan Carter / Lowell Court Claim Form DD

Hi all, As she herself stated, 389shell's (or rather her husband's) situation here is very similar to mine (albeit hers relating to a credit card and mine a bank account.) Thanks to long runs of 12hr shifts at work I now find myself rushing to have my defence submitted today. Other than the obvious plagerism (sorry Shell - and Andy!!!), is this slightly amended defence okay to submit as my own also? 1 :The Defendant accepts having had a bank account with HSBC Bank Plc in the past. It is not admitted that the amount claimed is outstanding. 2: It is accepted that the agreement was assigned to the claimant but with no admittance of the balance claimed. It is denied that I was ever served a Notice of Assignment and was unaware of the legal process of assignment of debts and felt pressured into making payments. 3: It is denied that the claimant can add sec 69 interest on to the amount claimed as per the County Courts Act 1984. It is my understanding that this is awarded at the courts’ discretion and therefore invalidates the amount claimed and is not a true reflection of any alleged indebtedness. 4: On receipt of the claim, the Defendant immediately requested copies of the documents which would support the claim. The request was made by a CPR 31.14 request. The Claimant has ignored this request and remains in default (I’m unsure if I can state this as I understand that they don’t HAVE to oblige??) . I understand that until their complience the Claimant is unable to request any relief or enforce any agreement. 5: Until such time the Claimant complies I, the Defendant, deny any liability to the Claimant and puts the Claimant 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 © show how the Claimant has the legal right, either under statute or equity to issue a claim. 6: As per Civil Procedure on Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7: On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 8: By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief at all. Thanks again, particularly to 389shell and Andy. DD

As it was thought would be the case it is now the 11th and I haven't received a response following my CPR 31.14 request What does this mean and where do I go from here? DD