Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default MKDP LLP Court Claim - HSBC Credit Card***Struck Out & Costs***

    I am posting this on behalf of a relative who has received two Claim Forms out of Northampton (CCBC) county courticon.

    Both are for debts originally with HSBCicon a) Credit Card (1***.** and b) Bank Loan (1****.**).

    Both Particulars of Claim are basically the same except the Credit Card uses the wording 'a regulated agreement' whereas the Bank Loan uses the wording 'a loan agreement'.

    Both say that a Notice of Assignment has been provided to the defendant with a date on the Bank Loan one but on the Credit Card one there is no date. Also that a Default Notice has been served on the defendant (no dates given on either)

    Finishes with wording that The complainant has complied as far as is necessary with the Pre-Action Conduct Practice Direction.

    Claim Forms are both dated 29th April 2013.

    Both claim forms were acknowledged with intention to defend all the claim and asking for the extra 14 days.

    A letter has been sent for each claim asking under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim:

    1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

    2. The assignment

    3. The default notice

    4. A statement of account showing how the amount claimed has been reached.

    These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP.

    In addition to this a SARicon was sent to HSBC again by Special Delivery and was received also on 7th May.

    My relative states that they have not received any notice of assignment or default notice for either of the debts.

    In addition they also believe that they have not made a payment or acknowledged the debt for the 6 yearsicon prior to the issue of the Claim forms (but is close)

    To date they have received no acknowledgement from MKDP LLP.

    What is our next step please? Do we now send N244 and also should we also have sent a SARicon to MKDP LLP


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    Default Re: MKDP LLP Court Claim x 2 - Assistance required

    Anyone able to offer advice?


  3. #3
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    Default Re: MKDP LLP Court Claim x 2 - Assistance required

    maybe best do a thread for each claim. and type up the particulars for each less any identifiables.
    double check re statute bar status. if 100% sure, then is an absolute defence. in addition to whatever else.
    there is no strict requirement as such for them to comply with a cpr 31.14 request, but they should if applicable. up to them.
    are they small claimsicon?
    any missoldicon ppi?
    you could do a SARicon. but, bear in mind that they might refuse as there is litigation. so would be as per the litigation disclosure rules. plus, a SARicon takes 40 days, if they comply. is it small claims?
    stick to all court deadlines. ie submit a defence in time if defending.

    IMO
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  4. #4
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Hi GT,

    It's important to separate the two claims so, in dealing with them, the cases don't get confused as suggested already above by Ford.

    Accordingly, this thread has now been renamed as dealing ONLY with the Credit Card claim. Start a new threadicon for the Loan Account claim.

    From here on, this thread should refer only to the Credit Card claim made by HSBCicon.

    The SARicon was not necessary because the CPR 31.14 request should get you all the info you require. As the claims has not yet been allocated to any claims track, the CPR 31.14 request should be effective.

    As Ford says, it's vital that you check as best you can when the debt is due to become SB'd. If it's already SB'd, that's it - case over !



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Thanks - Particulars of Claim are as follows:

    The claimant claims the sum of 1,***,** being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBCicon Bank Plc. The defendants account number was xxxxxxxxxxxxxxxx and was assigned to the Claimant on (no date), 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 crediticon Act 1974. The Claimant claims the sum o 1,xxx,xx and costs. The Complainant has complied as ar as is necessary with the pre-action conduct practice direction.

    I am assured that no default notice or notice of assignment has been received.

    This would be a small claimsicon track.

    CPR 31.14 sent as above and SARicon was sent to HSBC not MKDP LLP


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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    ok, you have already sent a SARicon? see what if anything comes back re that (prob not in time though).
    wait see what comes back in time. if nothing, then submit your defence (if defending). as is small claimsicon, they prob would refuse/neglect 31.14 anyway even though not tracked.
    double check statute bar
    any missoldicon ppi?
    they would have to show that a compliant dn (if applicable) and assignment was issued and sent.

    IMO
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Hi GT,

    Please confirm if the CPR 31.14 request was sent to MK or HSBCicon.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  8. #8
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    It was sent to MKDP LLP - we sent the SARicon to HSBCicon to try and ascertain if it is statute barredicon.


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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    that seems ok. 31.14 to the claimants, SARicon to the original creditors?

    IMO
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  10. #10
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Yes that is correct.


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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Good, if they fail to supply info in time for you to make a proper defence by the required deadline, you can ask MK to agree to an extension, By Consent, of the deadline for filing your defence.

    Otherwise, you file your defence by the due date stating that the claimant has failed to supply key documents and/or information and you are therefore unable to make a full defence until this info is provided.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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  12. #12
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Thanks for the help so far everyone. Is there any chance someone could look at the new thread about the bigger claim that I have posted again by MKDP LLP

    http://www.consumeractiongroup.co.uk...iewing%29-nbsp


  13. #13
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    HSBCicon are very good at issueing SARicon request (NOT) , mine came in two packages = 1. just bumpf, 2nd later (And Late = after ICOicon intervention, and a promise to up grade their response times = yeah!!!! ) so guess what happened a court case had been dealt with and crucial evidence that could be used against them enclosed in 2nd Bundle! so CPR 31.14 is a real must, if they refuse make sure the evidence required before the case>

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  14. #14
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Reminders sent re CPR 31.14 by Special Delivery on 20.5.13 to MKDP LLP


  15. #15
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Still trying to get duplicate credit card statements for this but we now know last payment was made on 21/03/2007 - need duplicate statements to see if any purchases made by defendant after 28th April 2007.


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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    statute bar is usually re from last payment or written acknowlegment whichever is the later. but, i see what you mean, ie would a purchase be regarded as an acknowledgment?
    ps, not much point doing reminders re 31.14 request if deemed received. either they reply, or they don't. if applicable, make representations on that if they don't.

    IMO
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  17. #17
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    As Ford says, if no purchases were made since the last payment on 21st March 2007, the a/c should be statute barredicon and this is an absolute defence.

    You need to check as best you can to see if any purchase was made later, and when exactly.

    I'll look at the other thread which you have linked to in post #12 above, and comment there.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.
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  18. #18
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    Thank you


  19. #19
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    S 77/78 request also sent today.


  20. #20
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    Default Re: MKDP LLP Court Claim - HSBC Credit Card

    thats ok. such a request is a statutory requirement for compliance (although they can supply a reconstitution in response, but any recon should be shown to be accurate. if shown not, then should be no enforcement until so. see Kotecha v Phoenix CA case). but note the time limit re that, would it be in time?
    there is also cpr practice direction 16 para 7.3 which says that re a claim based on a written agreement, the original 'contract or docs constituting the agreement' should be available at hearing (note; 'should'. and, they often use PD 7E para 5.2A (ie online claim) to avoid that, but it could be argued that 5.2a only applies re attachment of docs re an online claim or separate particulars. ie the originals 'should' still be available at hearing?)
    don't forget also the requirement for a compliant default notice before enforcement (if applicable).

    IMO
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