If you could post here first...what date is it due?

It is due 1st June but that is sat.

Should I include the bit about the CPR 31.14 request or not?

If you are submitting vis a MCOL then its instant and you have until Sat Night....yes make reference you have asked for disclosure...the main point is the section 77 though...they are not compelled to respond to a CPR 31.14 request.

Thanks again

I have now had another go at the defence with grateful thanks to Andyorch - hopefully this one is better and almost ready to go but I will wait for Andy's comments before sending.

I have also posted a similar defence on the other claim received on the same day if that could be looked at as well for me before we submit them both via MCOL.

1. Paragraph 1 is admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with XXXXXXXXX

2. Paragraph 2 is denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to:

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show the APR and interest used to calculate the amount claimed for.

3. Paragraph 3 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof:-

(i) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

5. 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.

6. This defence will contend that under the Credit Consumer Act enables Section 140A and the court to make an order (under section 140B) if it determines that the relationship between the lender and the borrower arising out of a credit agreement is unfair to the borrower.

I will asseverate that under sec 140a CCA 2006 amendments CCA1974 that the assigned agreement was subject to an Unfair Relationship with XXXXXXXX due to extortionate interest applied.

Also that the agreement was breached by XXXXXXXX for failing to adhere to The UKCA guidelines once a payment plan arrangement is in place. The Claimant is "estopped" due to promissory estoppel the original Terms and Conditions agreed were varied.

7. Further, by reason of the fact that the Claimant was sent a Section 77 CCA 1974 request dated xxxxxxx and signed for by the claimant on xxxxxxx the Claimant has yet to comply with this request and until such time the Agreement cannot be enforced against the Defendant without an order of the Court, until such time they comply with my request.

8. On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxx for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimant on xxxxxxxxx

9. 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.

Statement of Truth

I believe that the facts stated in this defence are true.

XXXXXXXXXXX

Other claim is:

http://www.consumeractiongroup.co.uk/forum/showthread.php?391513-MKDP-LLP-Court-Claim-HSBC-Credit-Card&p=4241165#post4241165

I have changed No 7 of the defence slightly as they are not yet in default of CCA request - hope this is still ok?

I have changed No 7 of the defence slightly as they are not yet in default of CCA request - hope this is still ok?

If you made the request on 23 May 2011.. they are well in breach of the request ?

If you made the request on 23 May 2011.. they are well in breach of the request ?

in the other thread, request was 23 may this year? so presume the same here?

Its identical to the example

I am sorry but thought you were giving me an example to use. I have no experience in these matters and without help I am going to fail. HELP!

An example of how to draft/respond to a claim but the above is someone else's claim and all the points raised above are in response to their claim...every claim and defence are unique..there are no templates because everyone debts and disputes and reasons are different.

I think I will have to sleep on this as my brain is haddled now. Will speak to relative in the morning as I do not think I can actually draft a defence for this now as I have not got a clue what I am doing. I honestly believe that he has been well and truly screwed by HSBC & MKDP but although I want to help I do not know how to. It seems to me that the big organizations just walk all over the ordinary man in the street and without legal help which we cannot have we are screwed.

You have until Saturday anyway..Im sure we can submit a suitable defence by then

Particulars of Claim ......summons dated 29th April 2013

1. The Claimant claims the sum of £1x,xxx.xx being monies due from the Defendant(s) to HSBC Bank Plc under a loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on xx/xx/xxxx. Notice of Assignment has been provided to the Defendant(s)

2 . The Defendant(s) loan account number was xxxxxx/xxxxxxxx.

3. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to The Consumer Credit Act 1974 by HSBC Bank Plc.

4. The Complainant claims the sum of £1x,xxx.xx and costs. The complainant has complied as far as is necessary with the Pre-Action Practice Direction.

Defence

Paragraph 1 is accepted in that I was coerced into taking a consolidation Loan with HSBC Bank PLC which was opened on or around xxth xxxxx xxxxxx to clear outstanding finance.The loan account numbered xxxxxxxxx was closed on or around Oct 2007 with a zero balance.

I have never received any correspondence regarding said account from HSBC or the Claimant since that date.I am unaware with regards to any assignment as no paperwork has ever been received from either HSBC or MKDP.

Paragraph 2 is noted.

Paragraph 3 is denied as above I have never been informed or been requested to make any payments.I have never received a Default Notice from either party.A payment was taken from a dormant HSBC current account xxxxxxxxxxx on the 1st May 2007 without my knowledge.I say without my knowledge as this account is unused and remains dormant.The payment was taken from an unauthorised Overdraft.

Paragraph 4 is denied, there has been no previous communications from the claimant or its predecessor since the closure of this account and my final statement.

In that instance and my understanding that this claim was issued purely to halt any alleged outstanding balance from becoming Statute Barred.As contested in point 3 above the payment was taken from an unauthorised Overdraft without my knowledge or authorisation and is therefore not accepted as an acknowledgement.

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.

Notwithstanding the above is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put 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;

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

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.

If you can check and complete the dates and verify its accuracy you are welcome to use the above or edit to suit.Copy and paste into MCOL and print/save your receipt as proof of submission.

Regards

Andy

© AO01.06.13

Thanks very much Andy it is very much appreciated.

Defence now submitted

Thanks very much Andy it is very much appreciated.

ditto, thanks to andyorrch for time, input and posting back in time.

We have now received a Form N.149B 'Notice of proposed Allocation to the Fast Track' together with Form N.181 'Directions Questionnaire Fast Track and Multi Track'.

It says as follows;

1. This is now a defended claim. The defendant has filed a defence.

2. It appears that this case is suitable for allocation to the fast track. If you believe that this track is not the appropriate track you must complete box D2 on the Directions Questionnaire(Form N181, file it with the court office. (Northampton CCBC County Court)

3. You must by 26th July 2013

a) complete the Directions Questionnaire (Form N181, file it with the court office and serve copies on all other parties and

b) attempt to agree directions with all other parties and

c) file proposed directions (whether or not agreed) with the Directions Questionnaire.

4. By the same date the allocation fee of £220.00 is due. This is payable by the claimant unless proceeding on a counterclaim only. Following further notice if the allocation fee is not paid by the due date the claim/counterclaim will be automatically struck out.

We could do with some help in completing this form if possible please.

We have heard noting from MKDP LLP regarding this claim since receiving the claim.

They have not replied to our CPR 31.14 request or reminder (posts 1 & 2). They have not acknowledged our request under CCA 1974 (post 12), Also we have not had a result from out SAR to HSBC either (post 1)

When did you send the SAR to HSBC has it been over 40 calendar days ?

I will ask andy to look in and help with the questionnaire.

We sent SAR to HSBC on 7th Maybut then got a letter back on HFC headed paper saying they could not find any accounts and that the letter was not signed. They wanted it resubmitting with previous addresses/ DOB and signature. This we have done but they will never find HFC accounts as it was with HSBC - I know HFC is part of HSBC but I am confused regarding this.

We have now received in the post today from MKDP LLP a copy of their N181 and Draft Directions issued by Northampton (CCBC) County Court.

Hopefully these are reproduced below:

[ATTACH=CONFIG]45232[/ATTACH][ATTACH=CONFIG]45233[/ATTACH]

Hi

Simple to complete just follow the claimants N181 but you dont complete fee...you are the defendant.

B2 local County Court

Pre Action Protocol...leave blank

I think 1 hour is pushing it for a Fast Track claim...3 hours.

In disclosure ...Standard Disclosure but if you have made request via CPR 31.14 or Section77/78 with no compliance state it here.

Draft Directions ( unlike theirs which is copy of the Notice of Allocation)

In the ************* county court

Claim number **********

Between

************* - Claimant

and

xxxxxxxxxx - Defendant

Draft Order for Directions (edit to suit)

The Claimant shall send to the Defendant and to the Court:

o Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon.

o Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

o Document, contract or deed of assignment

o Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

o Copies of any statement or other document relied upon

If the Claimant fails to comply with this order, the claim will be struck out without further order with costs in the case.

The Defendant shall thereafter file and serve the following

o An amended defence sufficiently particularised in response to the documents supplied by the claimant.

Regards

Andy

We sent SAR to HSBC on 7th Maybut then got a letter back on HFC headed paper saying they could not find any accounts and that the letter was not signed. They wanted it resubmitting with previous addresses/ DOB and signature. This we have done but they will never find HFC accounts as it was with HSBC - I know HFC is part of HSBC but I am confused regarding this.

Where did you resend to .. HSBC or to the address on the HFC letter ?

I will ask what you should be doing about this. Or whether you are being given the run around.

How long did they take before they advised your letter hadn't been signed ?

gettingthere, I asked about the HSBC/HFC situation with the DSAR. The following has been pointed out..

Well he mentions that the loan was with HSBC so they would be the data controller.

 

Sounds to me like he has been fobbed off.

 

Also the POC mentions HSBC. If turns out that the loan was with HFC the surely the PoC is wrong.