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moonstar1981

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About moonstar1981

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  1. Hi there, Long story short.. . Had an issue with an old HSBC debt that landed on my credit file halfway through buying a house a few months ago, luckily I've got my house and the last year I've been on the road to debt free recovery and managed to have all my debts made satisfactory bar one left now! I had an old HSBC current account with a negative balance of £8,841 which defaulted on November 2008 (when I last paid something on the account) / credit report states default was from 30th July 2009 they spent a year chargin interest and closed the trading account and applied it to my zero balanced current account). It relates to a disagreement I had with the bank over a trading account overdraft that was given to me without me asking for it and at the time I had several CCJ's and couldn't get an overdraft on my current account. After doing a SAR request with HSBC etc I provided them with all the facts on my case and they said they are no longer in charge of the debt and all quieries go to MKDP now. I argued that they irresponsibly lent me (£10,000 overdraft on a share dealing account) while I was still in a mountain of debt with CCJ's. Since May 2013, I've written monthly to MKDP to request that they review my request of information and case I presented to HSBC and look into why this default is there. I have also sent them SAR's and had the same response every time. I've now had 4 letters all stating the same thing from MKDP that they are still looking into the matter and liaising with there client (HSBC) - So getting no where with them. The HSBC have never pursued this in the courts as I believe they know they just don't have a case or evidence to win. Could anyone please advise me what my next steps should really be on this matter? I want it off my credit file and I really don't know what the best course of action is. Could I send MKDP any other letters? Should I contact the HSBC and try and get a heavily discounted settlement in return for satisfactory status on my credit file? Any ideas or thoughts would be greatly appreciated.
  2. Good afternoon, After waiting 12 weeks for a SAR I have now finally received this! After looking into this matter and seeing what information HSBC hold on me there are several failings the bank have done. The InvestDirect account was open in 2003 but lay dormant. 1. There is no credit agreement at all for any amount in InvestDirect Account or Current Plus Account. Looking at all the documents they've sent I've noted these points.... 2. 28th Nov 2008 - Trading Reserve Declined 3. 13th Nov 2008 - Welcome to InvestDirect. Note on FILE says "We have open a settlement Account, which is linked to your HSBC bank current account....You have a personal dealing limit of £10,000 meaning that you are able to place purchase orders up to this amount, whilst ensuring sufficient funds are available in your HSBC current Account. " 4. Payments on 14th NOV 2008 of £6488.98 and 17th NOV 2008 of £1310.30 were transferred from my current account to INVESTDIRECT. So surely there are two key points here: 1. I never have agreed/signed/seen a credit agreement 2. There own point of "You have a personal dealing limit of £10,000, meaning that you are able to place purchase orders up to this amount, whilst ensuring sufficient funds are available in your HSBC current account" - On the 13th November 2008 my current account balance was £68.07 OVERDRAWN. Surely this means that they have screwed me over? Again, I have never been accepted for any form of overdraft with the bank, turned down for numerous loans etc and never had a credit card with them. I have several CCJ's/DEFAULTS/LATE PAYMENTS during this time period and couldn't get accepted for credit anywhere. The current account in 21st NOV 2008 had a closing balance of £7907.23 and then they spent a year charging interest etc and closed the account on 30th July 2009 with a closing balance of £8912.04. Could anyone please advise me what my next steps should really be on this matter?
  3. Also i've check trust online today and the ccj has been removed from them. How long does it normally take the credit reference agencies to also implement changes to your credit file?
  4. no my mistake i believe they have the defence i submitted - not sure if i can add to defence or not? I don't know why there are four years, we had some communication for a few months after this where she was trying to extract money from me but I left it thinking it had gone away and then in March 2010 a CCJ was entered against me while I was away. court claim was issued in Jan 2010 and CCJ submitted March 2010. Before that the last payment was August 2006 when I originally left the property after a few weeks of living there! I never signed any contract, never signed any tenancy (the flat was run by a housing company owner). I have an email stating the first month was free. I decided not to go ahead and left. I have council tax bills that state I lived elsewhere during the period of Sept-Dec 2006 where she claimed i lived at the property. I believe all she has in her defence are emails from me stating things but I have a feeling these could possibly be fabricated.
  5. Ok, it's quite a hefty amount. I have contacted the mediation today to say i would happily take part in the process. I'm 50/50 on whether the claimant will pay the substantial hearing fee but i guess it's just waiting until this date is passed and contacting the court to ask them if the claimant has paid this? no i didn't mention it in my defence. I didn't realise this might be a possibility until end of last week. As it's gone back to the beginning of the process, i will have to lodge a defence again if the hearing goes ahead 2 weeks before. The original claim date was aug-dec 2006, the ccj was entered on march 2010. I guess i'm asking if it applies now the claim is back to it's original beginning? As it would be statue bared 2012? Judge didn't mention anything about statue bar. I'm genuinely really not sure whether the claimant will go ahead with this but i guess you never know. Also i've check trust online today and the ccj has been removed from them. How long does it normally take the credit reference agencies to also implement changes to your credit file?
  6. Also Section 5 (link) of the Limitation Act 1980 states: It's badly worded - it should state that the action may only be commenced or first brought within the limitation period. So, in my considered opinion, she could still sue but she would have to do so in a timely manner; I would not have considered it fair or reasonable for the effect of the judgement being set aside to give her another six years in which to decide. An action founded Could I now claim this as it was from 2006?
  7. Morning, I thought it best to update where I am at now with this after receiving confirmation from the courts yesterday/ First Letter: General form of judgment order It is ordered that .....the judgment dated.... be and is hereby set aside. Great.... Second Letter Notice of Allocation to the small Claims Track (hearing) Judge has allocated the claim to the small claims track. The hearing will take place on 26 July 2013.....at....and should take no longer than 1 hour.... A hearing fee of £325 is payable by 24 May 2013 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued. If a party to the claim fails to attend the hearing or to make written representation then his or her claim/defence may be struck out and judgement entered for the opposing party. The parties.....has encourage the parties to, attempt to resolve the dispute by engaging in mediation via the small claims mediation service..... THIRD LETTER is from the Civil Mediation Office and that mediation is a free service.....to try and settle the dispute outside of court....is usually held over the telephone...lasts 1 hour.....is voluntary.....Please get in touch by 17th May if you wish to pursue mediation,... OK SO: After reading through everything I'm left wondering where I stand and what to do next! Looking at some of the previous replies, I genuinely believe that under the limitation act this is now statue barred but not sure how I would approach that to this case, this happened in August 2006-December 2006? Could I get this struck out solely based on this? Also the judge commented that based upon my evidence I have a great chance of winning my defence (I have council tax bills which clearly state that I did not live at the address during the time the claimant has claimed for). The £375 hearing fee the claimant has to pay, I'm not sure (50/50) as to whether they would actually pay this so I'm wondering if I wait until the date that it states on the letter that this amount is due 24th May and call the court after this date to see whether the claimant has paid this amount? I do have a contact email for the claimant but last time I tried to speak with them on email (when I first found out about this CCJ) they just said that I wouldn't get it set aside and I didn't have a case - deluded!? Any help or advice on this matter is greatly appreciated. I just need to see the back of this.
  8. Hi all, please see attached picture from my conversation with QQ this week. I basically blagged them on the live chat service to confirm there bank details (they are the ones that have been posted on here a few times with people questioning whether it is actually there bank) I can confirm that I sent them £0.01p and it registered up off my account within 3 days. Attached is the conversation I had on LIVECHAT. Hope this help a few people - NEVER give them your debit card details or bank. They will set up direct debits without you knowing and take payments from your debit card or attempt to on a daily basis if you are in default! [ATTACH]43700[/ATTACH]
  9. Thanks for this - As this is a personal matter in respect to money owed that the Claimant is saying I owed them and was from September 2006-December 2006 would this now constitute that this debt would be statue barred? I just wondered if this was a possible scenairio I could use for this? I do feel I have the necessary sufficient evidence and the judge commented that was one of the reasons she set aside the current CCJ was that she felt I had a good case to defend myself. Any help would be greatly appreicatted
  10. Good Evening, I thought it best I post an update after my court hearing today. Some great news is that the Judge struck out/set aside my CCJ today! Massive relief and finally got there after applications. The one thing I will highlight to anyone is that iuf you are trying to get a CCJ set aside you should do so as quickly as possible to the date that it was made. I only say this as mine was 3 years from when it was made but I was living in Australia and somehow the judge was on my side and also the claimant did not show up. She did say that if the claimant had showed up it could have proved more difficult. It was also noted that she said I definitely had a case to submit a defence and in being successful to. These 2 key points are critical in any application to set aside a CCJ. From what I understand now the judge said that within 10 weeks I may have to attend a mediation hearing with the defendant. Do I have to do this if I enter a defence which I genuinely believe would fend the claimant off? This stems from proof that I was not living at the location she claimed that I was. I'm not entirely sure on what the next steps are? Any help or suggestions on this please? Could I contact the Credit agencies to inform them of this as well?
  11. Thanks - I'll get this done today and then hopefully come 8th May will finally see an end to this nonsense! Thank you!
  12. title of notice is "Notice of hearing of application" it's on the 8th may
  13. The notice says "The hearing of the defendents application (see attached copy) will take place at..........." That's it, I emailed the court as last time they asked me to serve a draft defence and I missed there deadline. This time they said it would be reasonable to do so and submit one. So Shall I just submit all my evidence and a letter to the court and the claimant stating "Draft Defence"????
  14. Hi there, Ok so I've been through form N244 again now and it's been submitted. I've received back a notice of hearing application on this. I emailed the court to ask if I needed to serve a draft defence and they said " it would seem appropriate to now file and serve a copy of your draft defence." Can you help me as to what I put in my draft defence? Is it all the information/evidence I've put with my N244? Also do I send this to the court and also the claimant? Thanks
  15. Morning Ok so spoke with the court today! It seems the judge had my form N244 and evidence with this but not my draft defence. As this wasn't there it was struck out, I did send it in but not recorded mail or anything. The court have advised me to submit form N244 to them again with there £80 fee. I guess I will do this again and send a draft defence through recorded mail this time (learn from your mistakes)
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