Hi guys,

I had a disputed account with HSBC with a balance of around £800. (All made up if charges and interest on said charges.)

It's been through pretty much every DCA in the UK at some point,

and they eventually "refer the matter to the original creditor,"

when I point out that it's made of charges etc.

My credit file shows it as being defaulted in early 2009,

and the last payment was presumably some time before then,

so I have a feeling that it's almost, (if not already) statute barred.

Recently the compello group appear to have bought it, a

nd have been sending me letters from all their various letter headed companies which I have ignored.

However this one today is a bit different, and I'm not sure if they're just blustering or if I need to do something here?

Letter reads:

"NOTICE OF INTENDED LEGAL ACTION

As you have failed to respond.... Etc etc etc.... MKDP LLP have instructed us to ..... Etc etc etc

You had an agreement with HSBC which was assigned to MKDP LLP.

Under the agreement the balance was to be repaid but you defaulted, breaching the agreement which has now been terminated.

The full amount is now due, and you are required to pay the full balance to MKDP LLP.

This letter constitutes a formal demand for payment of £xxx and is made in accordance with the practice direction

- Pre-Action Conduct of the Civil Procedure Rules.

Your attention is drawn to paragraph 4 of annex a of the practice direction concerning the Courts power

to impose sanctions for failure to comply with practice direction."

It then says I have 14 days to reply.

I'd really appreciate any help with this one!

Thanks very much

Ignore!

If this were me, I would make an attempt to find out for sure when the last action on the account was. Do you have any statements from that period ?

Courts power to impose sanctions applies to failure to obey orders at a case managemnt hearing or for failing to supply documents under "discovery" and even then it is very rare for a court to sanction anyone.

What they are saying is pay up otherwise we will be forced to try and get you to pay up.

Thankyou, I think I have all the statements somewhere.

Would it be dated from the last payment I made to the account?

Unfortunately the statements were lost during a house move it seems.

What's my next move?

I'm loathe to ignore them as I've seen a few reports of the missions court claims when ignores since Jan this year

Scaring you into submission is precisely what they intend.

Despite your worry, I myself would still ignore. I have known someone personally who received that same letter and ignore: all that happened was for their periodic drivel to continue.

Ask yourself why they have not already taken you to court.

However, I'm sorry to learn, from your first post, that this debt has been through nearly 600 DCAs.

Thankyou for your advice.

It FEELS like 600 DCA's

Also can I send a dpa request to Keynes to find out what proof they have? Or could I chance a "Statute Barred letter?"

id love them to find an agreement for a current account.!!

pers i'd be poss be ignoring them

Keynes are MKDP are Raven collections.

though an sar would be a good idea

for proof of the PENALTY charges

incase they do issue a claimform

dx

You would need to send a Subject Access request to the original creditor. It will cost you £10.00. They have 40 calendar days in which to provide all data in respect of your financial relationship with them.

There is a draft letter in the link below.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

MKDP have been issuing quite a few claims just recently

Did you receive a Notice of Assignment from them?

I think I did, but it wasn't from Keynes, but it was from a Compello company.

Definitely start with the SAR as citizen B suggests.

Definitely start with the SAR as citizen B suggests.

I did SAR HSBC in 2009. I calculated all my charges and interest and worked out they came to more than HSBC were demanding from me.

That's what I've told all the DCA's who've bought the account since then.

I've managed to loose the statements in the meantime as it's about 2 years since anyone last contacted me about this.

Can I SAR them again?

Today I received a claim form from Northampton County Court!

What do I do now? I'm panicking a little now.

hey no problems

we'll all help esp as this balance as you say is mostly penalty charges

please fill this out:

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

Thanks for the reply!!

Name of the Claimant ? MKDP LL

Date of issue – 8th April 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

What is the claim for – "The claimant claims the sum of £900 being monies due from the Defendants to HSBC Bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on 08/12/2011.

The Defendants account number was xxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc.

The claimant claims the sum of £900 and costs.

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

What is the value of the claim? £900

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Nothing specified

Is the claim for a current or credit/loan account or mobile phone account? An old current account

When did you enter into the original agreement before or after 2007? Before 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 Purcahser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so, but I did not keep it

Did you receive a Default Notice from the original creditor? Not that I recall

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

Why did you cease payments:- The account was disputed as it was made up of bank charges and interest on the charges which I intended to reclaim.

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

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

You need to send the CPR request linked above to the solicitor named on the claim form. Send it Recorded delivery.

Your time line is as follows..

Date of issue 08.04.2014 + 5 days for service = 12.04.2014 + 14 days to acknowledge claim = 26.04.2014 + 14 days to submit defence = 10.05.2014.

Did you receive a copy of the Default Notice they claim to have sent ?

As this is a current account, I am not sure whether penalty charges can be used in mitigation ?

If the default sum is made up SOLELY of fees and/or charges without which the account would not have been defaulted no default should be placed: (ICO).

Thanks, for your help, I've acknowledged service online, and stated that I wish to defend the claim.

AFAIK the account is made up solely of charges, or at least 90%+ of charges.

One day after I was paid I found out that I couldn't withdraw any money as they'd kept my months wages without giving me any notice.

I stopped using the account shortly after that.

Also. Do I send the letter to the solicitor care of MKDP?

MKDP received my CPR letter today. Do I just wait the 7 days now?

In theory...not that they will respond.CSM I have tidied your thread title to get more response.

Regards

Andy

Thankyou very much for your help!

I've been reading the other threads, and I'm not sure if there's something I should be doing in the meantime?

Also, am I right in thinking that I don't want them to respond because that gives me more time?