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Xarbain

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  1. Any comments/pointers of the above before I send off the letter? Thank you in advance.
  2. Before you make a claim, you must write to the supplier of the goods or service giving them a specific time, such as 14 days, to correct any fault and that failing this, you will take action in the county court. This is called a ‘letter before action’ and should be sent by recorded delivery. The court will not allow you to make a claim unless the defendant has been informed and given a chance to correct any fault before you do so. I found the above on Citizens Advice Bureau, I have double checked all mail, and I do not see any missed deliveries, nor have my neighbours received any mail on my behalf, can I use this as part of my defence or to get it thrown out?
  3. This is why I am not a solicitor, Can I ask: Confirm the date of the last payment details made on account XXXXXX that is clearly a repayment of this alleged debt, and served to reduce the outstanding amount of the claim of £12,197.67? And are you in possession of documents clearly stating this as a fact? Does this claim relate to an overdraft facility or a loan with HSBC? (I have not had an overdraft of more than 1500 that I can recall) At what date was the original agreement with HSBC leading to this claim signed? How much of the aledged debt of £12,197.67 is made up of charges, PPI fees, interest and added bank charges? I am assuming from the dates that this is close to the statue of limitation, and I need to check which date the last payment actually was made, in case it is different from Noddle's dates. I am still not sure what this is, or what makes up the 12K, any pointers gratefully received.
  4. I did not think about that, let's see if I have got this right: IN THE XXXXXX county court CLAIM NO: XXXXX BETWEEN: MKDP LLP and XXXXX _________________________ _________________________ ___________________ PART 18 REQUEST FOR FURTHER INFORMATION dated 22 June 2015 _________________________ _________________________ ___________________ To: MKDP LLP Please answer the following questions: 1. Provide a copy of the statement showing the last payment made on account for account XXXXX relating to the claimed outstanding debt of £12,197.67 I have not received details of the particulars of the claim, other than those stated on the County Court Claim Form which does not contain this information. 2. Provide a breakdown of how the amount of £12,197.67 is made up, ensure charges, PPI fees, interest added and all other fees and charges not specifically mentioned here are clearly itemised. I have not received details of the particulars of the claim, other than those stated on the County Court Claim Form. 3. Provide a copy the original agreement for the loan/overdraft of £12,197.67 TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU WHICH IS 6TH JULY 2015. Yours faithfully,
  5. Thank you all, letters have been written and printed off, will send them tomorrow. Does it make a difference whether they are signed recorded, signed for or by normal 1st class mail?
  6. Do you have a link to the CPR 18 template? I have done a search but not found any concrete examples. What is the main differences between CPR 18 and the CPR 31.14? I have filed my acknowledgement online and left the jurisdiction box unticked. Thank you all in advance for the help today, much appreciated.
  7. The account number does not match, the amount matches less the court fee (12197.67+court fee of 548.90=12746.57) as per the breakdown I guess I need to contact HSBC to get a breakdown of what I am being sued for. When they sold off my debt I changed banks, and have happily been with another bank since (with no defaults) I presume I write a 13.4 and a CCA and send both to HSBC Bank and to MKDP LLP requesting the full details? Including bank statements for the time period of 2009 to find out the exact date this happened?
  8. [ATTACH=CONFIG]58162[/ATTACH] I am really confused now, as I do not recall ever having an overdraft facility over £1500.00 in my life. I honestly thought it was the credit card, in this case, I do not actually know what the charge consists of. I have gone through my credit report (again) and copied and pasted below: Account type Current Account Account number ****** Account start date 07/05/1997 Opening balance £ 12,197 Repayment frequency Monthly Date of default 01/10/2009 Default balance £ 12,197 and Account type Credit Card which what I mistakenly thought this was about, my apologies, both with MKDP LLP Account number ****** Account start date 08/05/1997 Opening balance £ 11,661 Repayment frequency Monthly Date of default 16/09/2009 Default balance £ 11,661 So I guess I'll be expecting another one of these then for the credit card charge I have attached a picture showing the full Particulars as it has been presented to me.
  9. Thank you for the clarification, my first ever County Court Claim so was not sure if I was missing anything when looking for the details for the solicitors. Particulars of the claim: Claimants claims the sum of 12,197.67 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 08/12/2011. The Defendant’s account number was XXXXXXXX It was a term of the bank account that any debit balance would be payable in full on demand. The Defendant(s) have failed to make payment as required by the demand for payment sent by HSBC Bank plc. The Claimant claims the sum of 12,197.67 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. This is the only information offered in the claim that I have received.
  10. [ATTACH=CONFIG]58160[/ATTACH][ATTACH=CONFIG]58161[/ATTACH] This is the only address and only solicitor details I can find on the documents. Am I looking in the wrong place?
  11. I am a little bit confused with regards to the claimants solicitor, as in the bottom right hand corner it says "duly authorised by the claimant to sign this statement signed (and here typed) MKDP LLP and further (Claimant)(Claimant's solicitor) XXXXXXXXXXXXXXXXX no name, just the XXXX. How do I find out who the solicitor is to send off the CPR 31,14 letter?
  12. Thank you Name of the Claimant ? MKDP LLP Particulars of the claim: Claimants claims the sum of 12,197.67 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 08/12/2011. The Defendant’s account number was XXXXXXXX It was a term of the bank account that any debit balance would be payable in full on demand. The Defendant(s) have failed to make payment as required by the demand for payment sent by HSBC Bank plc. The Claimant claims the sum of 12,197.67 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? £12,746.57 (incl 548.90 court fee) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Around 1997 edit, according to my credit report 08/05/1997 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 Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware it was re-assigned many years ago, but to MKDP LLP in 2011, no. Did you receive a Default Notice from the original creditor? Yes I did, which was disputed at the time as the card insurance should have kicked in, as I was made redundant. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Recently, no. Why did you cease payments? I was made redundant What was the date of your last payment? 2009 (so long ago, I honestly cannot recall the exact date now) edit: Checked my credit report again, the exact date according to noodle credit report is 16/09/2009 Was there a dispute with the original creditor that remains unresolved? Yes, after being made redundant, I informed the bank (HSBC) and was told my PPI would take care of the payments, I then several months later received notice of default. I contacted the bank, who claimed they had not received the paperwork. They sent new paper work out, which again was filled in (In the meantime another default letter was received) I was then told I had filed too late, which I disputed as they lost my first set of paperwork, after discussions they agreed to backdate the claim. I then received another default letter, followed by a notification that my debt had been re-assigned. I contacted the new company, which had no interest in my dispute with HSBC, nor that I was unemployed and receiving benefits and now unable to make the payments. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, and the repayment options they offered was not financially viable for me, as my total benefits received would not have covered the amount.
  13. I received Saturday in the post a Claim form dated 08 Jun 2015 which I need to respond to quickly. It has a particulars of the claim filled in, but no breakdown etc I have also not received a letter warning me of their intent to take me to court. The debt in question was defaulted in 2008/2009 with HSBC after I was made redundant (and relates to my credit card), and my PPI was not applied as requested by myself at the time. This was supposed to get back dated, instead they sold the debt off, and the new company was not interested in my dispute with HSBC and proceeded to terrorise with calls until late in the evenings, until I had to change my number as I was so stressed out by it all. The company taking me to court must have bought the debt back in 2011 and I have not spoken to them nor recall hearing from them tbh , nor have I gotten a breakdown of how they have arrived at the amount they are going after for me for. How do I defend against this? I would have thought the debt would have been too old now, and after not hearing anything about it for so long, I had honestly forgotten all about my old dispute with HSBC. I have looked through my paperwork, and as the dispute is so old, I do not have the original paperwork to back up my case no more. Any help you can offer, is gratefully received. Thank you.
  14. You have several options here, you could put them on your CV and own up to what happened, put them on your CV as temp/contract and not use them as a reference (this was what a recruitment agent suggested to a friend of mine who had a similar issue, I have not done this myself) or leave them out completely. If your ex-company is anything like mine however, they will only reference you with the dates you worked for them and the job title. Can you contact any of your past co-workers (if you got on well) and ask them what the company policy is on referencing?
  15. Verbal warning for putting the company asset at risk through reckless behaviour. IT agreed there was enough evidence through explanatiom of what could have happened coupled with my proof of not being present in the office on several occations that it was plausible I was not surfing as accused of, and the warning was due to I should have known better to quote my manager.
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