So after submitting the defence on 24/04/2014 this weekend I received a Notice of Proposed Allocation to the Small Claims Track with a Directions Questionnaire (this is even after I called the County Court Business Centre a few weeks ago and was advised the claim was stayed). In the meantime I've heard nothing from the claimant..... Where do I start with this? Questionnaire doesn't seem particularly complicated to fill out. What happens once this is returned? Thanks, Tom

Hi all, My partner has an agreement with a DMC, they make payments to 5/6 creditors on her behalf, we'd like to have a go at making settlement offers to the creditors. On the latest DMC statement i noted most of the creditors are other debt recovery firms. In order to make a settlement offer would we contact the original creditor (I.e barclaycard) or the current creditor? Separately, due to the age of the debts it is unsure who the original agreement was with. Is the Current creditor obliged to disclose this information? Thanks in advance!

Hmm, definitely only back to 2012, checked a couple of the other accounts/lenders and they do go back to the account start date. I guess this one only goes back to when MKDP took over the account....

Hi Andy, It's also just occurred to me that this debt may be statute barred. I was defaulted 17/09/2009 which would mean I stopped paying around March 2009 (6 missed payments before a default?). I've checked on Noddle.co.uk but this only appears to go back to 2012. Any way I can check this properly? Cheers,

Done. Thanks for all your help thus far!

Noted, will give that a shot. Any thoughts as to which bits I should withhold at this stage? thanks.

Hi Andy, First attempt at Defence. I need to check some dates when I get home this evening, any feedback in the meantime please? The particulars of claim read as follows: 1.The claimant claims the sum of 3,816.00 being monies due from the Defendant to the Claimant under a regulated agreement original between the Defendant and HSBC Bank Plc. 2. The Defendants account number was ################ and was assigned to the Claimant on 08/12/2011, notice of this has been provided to the Defendant. 3. The Defendant failed to make payments in accordance with the terms of the agreement and a default notice has been server pursuant to the Consumer Credit Act 1974. And the claimant claims 1. The sum of 3,816.00 and costs. 2. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction Defence 1. It is denied that the Defendant entered in to any such regulated agreement with HSBC Bank Plc. 2. I can neither confirm nor deny the Claimant’s assertion the debt was assigned to the Claimant as I have no evidence of this. 3. The Claimant has provided what is claimed to be a reconstituted agreement. If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms. Also, The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. I put the Claimant to strict proof that a true copy of the original agreement cited exists. 4. The Claimant has not provided the Defendant with a copy of the original agreement along with the terms. The agreement provided is a Midland Bank Plc agreement. The terms provided are HSBC Bank Plc terms. Therefore the defendant notes it is impossible that the terms provided are the original terms of any such agreement. The Request for Disclosure 1.On xx xxxxxx 2013 I made a request under s78 of the Consumer Credit Act 1974 for a true copy of a properly executed agreement. The Claimant failed to provide said documents and the alleged account entered in to default on the xth xxxxx 2009. 2. In response to the Claimants claim issued through the Northampton County Court, on the 10th April 2014 I lodged a CPR 31.14 request for copies of the Assignment Notice & Default Notice cited in the Particulars of Claim along with the Executed Agreement and which should have attached to or served with the POC. 3. To date the Claimant has failed to provide a copy of the alleged agreement referred to in the Particulars of Claim. 4. The court’s attention is drawn to the fact that without disclosure of the requested documentation pursuant to the Civil Procedure Rules, I have not yet had the opportunity to asses if the documentation which the Claimant claims to be relying upon to bring this action. The Alleged Agreement 1. On 20th January 2014, I received a photocopy of an alleged reconstituted agreement which I believe the Claimant purports to be a valid and properly constituted agreement under the Consumer Credit Act 1974. 2. The alleged reconstituted agreement does not meet the strict requirements of Carey v HSBC. The reconstituted agreement makes reference to both Midland Bank Plc and HSBC Bank Plc. 3. On xx Jan 2009 I received a photocopy of a reconstituted agreement from HSBC Bank Plc. This alleged agreement differs from that provided by the Claimant referenced in point 1, above.

Ok thanks, I am having a further look/read now.# Just re your later post. 1.The claimant claims the sun of 3,816.60 being the monies due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBC Bank The agreement was originally between Midland Bank. So that's wrong straight up?

I've done a fair bit of research, however I have been away with work which has made it difficult to spend as much time on this as I would have liked. Would you be willing to assist with the necessary tweaking? Quite happy to pay for your time.

With my limited (no) legal knowledge I'm kind of at a loss on how to proceed any further with this, other than paying up. Who/what should I speak with?

Thanks, I am defending this on the basis that the T&C's supplied as part of the Reconstituted Credit Agreement are not the ones originally supplied and that HSBC/MDKP have failed to produce a properly reconstituted document. Particulars of defence being that: - The reconstituted agreement is a Midland Bank agreement supplied with HSBC T&C's so they have failed to produce a properly reconstituted document. - I have received 2 differing/conflicting credit agreements. Any other thoughts/advice/guidance most welcome. Thanks

thanks, any idea up until what time I have to submit my defence please?

Defending. I sent the 31.14 to MKDP and haven't had a response from them yet....

Hi all, I have filled the AOS on 02/04, nothing yet and no update on the Moneyclaimonline site. Anything I need do? thanks

And if I don't have a defence I can just pay up and that's it? Thanks

Have sent the 31.14. If they reply with all the information what then? Thanks

Thanks. I will acknowldge the claim. What happens if i contest the claim and the judgement goes against me? Would i be liable for additional costs?

Sorry to chase on this but is anyone able to assist? Thanks

Any advice here please???

In order for us to help you we require the following information:- MKDP LLP Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue 20 March + 19 days ( 5 day for service + 14 days to acknowledge) = 8 April + 14 days to submit defence = 22 April (33 days in total) What is the claim for – the reason they have issued the claim? The claimant claims the sun of 3,816.60 being the monies due from the defandant to the claimant under a regulated agreement originally between the defandant and HSBC Bank Plc. The defendants account number was ################ and was assigned to the claimant on 08/12/2011, notice has been provided to the defendant. The defendant has failed to mak payments in accordance with the agreement and a default notice has been server persuant to the consumer credit act 1974. The claimant claims the sum of 3,816.60 and costs. The claimant has compied, as far as is necessary, with the pre-action conduct practice direction. What is the value of the claim? Amount claimed £3816.60 Court fee £85.00 Total amount £3901.60 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? Not that i can see Is the claim for a current or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before 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. Account has been assinged and the debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? I don't beleive so, default notice was issued by debt purchased, MKDP Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Cannot confirm for sure but beleive so Why did you cease payments:- Requested copy of credit agreement, was not forthcoming Was there a dispute with the original creditor that remains unresolved? Yes, credit agreement not supplied Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Thanks,

To add, the latter agreement surely conflicts with the earlier agreement (scanned on 2009 thread).

Also just noted that the covering letter mkdp sent with the latest "agreement" States Please find enclosed the documents you have requested: Reconstituted credit agreement However I never requested a reconstituted credit agreement. I did make a CCA1974 request which I believe states they must provide a true copy of the credit agreement. Which they have not. Surely no bank would provide credit where the form was only completed with a name and address and not signed? Seriously looking to contest this. £85 court fees have been added. If I contest and were to lose what other costs am I looking at? I understand the Ccj would be removed if I paid in full within 30 days of the judgement, this is good as I am looking to apply for a mortgage soon and could pay if I lost. So I guess I want to know Thoughts on the outcome? Any past similar cases? Additional costs should the judgment go the wrong Way. Cheers

Yep that's it. Just had loads of letters since from various companies. Mkdp were chasing for a while then after about a year sent me the agreement which they've clearly completed themselves with my details.....

Sorry to confirm the most recent agreement sent to me was not signed but some of my details (name and address) have been filled out by hand. The payment/DD section is uncompleted.

Originally Posted by tomm0: Hi, I've just had a very county court claim letter from mkdp. I have been disputing the debt for many years and finally mkdp sent me a credit agreement, however there are two issues with this; It is different to the credit agreement HSBC sent me a few years ago. HSBC sent a blank form which was a 1 page agreement, not signed or populated with my details. The recent one from mkdp was a full agreement populated with me details and with my name handwritten in the signature box (not by me). Any ideas greatly appreciated.... Thanks