AndyP79
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Court Claim by MKDP for HSBC loan and overdraft
AndyP79 replied to AndyP79's topic in Financial Legal Issues
Hi, I believe that to be the case (that they have merged the two into one), although i cannot be sure. I have sent off both requests, including the £1.00 fee. What would be my next course of action. Do i need to acknowledge the claim first, then put in my defence 14 days later? The claim is from MKDP. Regards- 9 replies
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Court Claim by MKDP for HSBC loan and overdraft
AndyP79 replied to AndyP79's topic in Financial Legal Issues
Hello, So am i right in thinking that i need to send a CCA1974 request, and a CPR31.14 request to them by registered post first, then look at the court claim? Any advice would be greatly appreciated. Regards- 9 replies
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Court Claim by MKDP for HSBC loan and overdraft
AndyP79 replied to AndyP79's topic in Financial Legal Issues
Thank you for taking the time to read my post, and thank you for the words of encouragement and advice.- 9 replies
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Court Claim by MKDP for HSBC loan and overdraft
AndyP79 replied to AndyP79's topic in Financial Legal Issues
HI Andy, I thought i had covered the questions in my original post, have I missed something? I'll have another look and update if i spot something i missed Regards Andy- 9 replies
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Hello, I'm hoping that someone on this forum will be able to help with the situation i find myself in. I today received a court claim from MKDP LLP for 16,368.28 for an old loan and overdraft from the HSBC Claimant: MKDP LLP Issue Date 14 March 2014 Particulars of Claim The claimant claims the sum of 16,368.28 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 28/11/2013. The defendants account number was xxxxxx/xxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc. The Claimant claims the sum of 16,368.28 and costs. The Claimant has complied, as far as is necessary, with Pre-Action Conduct Practice Direction I'm assuming that this claim is for both the overdraft and the personal loan. The overdraft was around £1500 and the loan was around £15000 all were taken out before 2007. As it was quite a while ago i can't remember when the loan was originally taken out but it I think it was 2006. The loan and overdraft were defaulted in November 2007. MCS were originally passed the debt after i defaulted. After the default i contacted the CCCS who helped me put a budget together which i sent off and was accepted at £5 per month. I continued to make payments until 2010 when i found that my earnings (I'm self-employed) dropped considerable and i had to cease making payments. Since then the debt has been passed to numerous different collection agencies.(I think it's been through 4 different ones). After the debt was passed on from MCS, of which i didn't get any notice, I wrote to each collection agency asking for a copy of my credit agreement and notice that the debt had been passed over. Requests were ignored, and after going back and forth asking for information the debt was then passed on to another collection agency and the whole process started again. Now it has landed with MKDP. I don't believe i received a Notice of Assignment from MKDP. I do think i received a Default Notice form the HSBC back in 2007 but i can't find a copy of it I have never received any Notice of Default sums, from anyone I found your forum and people in similar situations, so i hoping that someone will be able to help me moving forward. This court claim has come out of the blue and I'm quite anxious about it. There is no way i can afford to pay it back, and as I'm on a low income repayments would be very low. I've had a look at the CCA1974 request, and a CPR31.14 request - am i right in thinking i need to send these to MKDP and should i do this before responding to the court claim? Any advice as to my next course of action would be greatly appreciated. Andy
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