gettingthere
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Latest update - we have received a further N.24 Standard Order for Stay for Settlement from the court. It is in fact the same one as before but with dates crossed out and new ones inserted. So the claim was stayed until 22nd October (instead of 11th October) and by 22nd October (instead of 27th September) the same steps had to be taken. Again unbelievably this arrived on 22nd October having been posted 1st class on 21st October! As we have already sent a completed directions questionnaire and draft directions to both court and MKDP (as a result of previous N.24) we assume that we need take no further action. Again we have heard absolutely nothing from MKDP.
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Nothing heard to date
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Just for clarity - We have had no documentation from the court since 25th June - N149A Notice of proposed allocation to the Small Claims Track. We sent N180 back to court and MKDP LLP which was received by the court on 11th July. Mediation which failed to resolve anything took place on the 9th August by phone and that is the last contact we have had with anyone over this matter.
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Thanks - we will ring court - will have to be monday now though.
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We have still not heard a thing about this one since the mediation phone call. Is this normal?
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We have sent a letter basically suggested by Slick132 above both to the court and also to MKDP LLP. We have also just as insurance sent another copy of Directions Questionnaire and Draft Directions to the court and MKDP LLP. Hopefully the court will now order MKDP LLP to produce the relevant documentation.
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[ATTACH=CONFIG]46635[/ATTACH] Hopefully worked this time!
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We have now received the above N.24 Standard Order for stay for settlement. As you can see it is dated on the bottom 13th September but on the top it is dated 24th September. It was received this morning 28th September. It states that on or before the 27th September one of the paragraphs should be complied with although the claim is stayed until 11th October. Obviously we cannot meet the date of 27th September. We have heard nothing from MKDP LLP regarding this claim and still have no documentation from them at all. We assume that we send another directions questionnaire and draft directions as per post #73. If so we will post them on Monday for them to get there 1st October. Should we ring court explaining that N.24 was not received until 28th September? Will put attachment on in a moment - didn't work 1st time
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Now received letter from Northampton saying that this case is being transferred to our local county court.
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Update - Still nothing heard from anyone regarding this.
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Update - Still nothing heard from anyone regarding this.
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Still nothing further heard regarding this one since mediation call.
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Directions Questionnaire posted last week (recorded) to Northampton together with Draft Directions as per instructions on N.24 (due today 27/08/13) plus copy to MKDP LLP. We have still not heard a word from MKDP LLP despite all our requests. There was no attempt by them to mediate over this matter. I suppose its now a case of wait and see what the next step is.
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Thanks Andy - will wait patiently then. I cannot see how the relevant date can be 'the default date' as that would be when the bank eventually got round to issuing one.
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Could anyone give us any advice as to whether we should be doing anything further to try and get the documentation we need from MKDP LLP - when will we get our chance to ask the court to order them to disclose the documentation?
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No contact at all from the claimant about mediation.
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The impression they were giving during mediation was the date of 'The Default Notice' which we have never seen anyway.
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We sent a polite letter to MKDP just outlining our previous requests under CPR 31.14 and S77/78 CCA 1974 there has been nothing from them yet.
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Mediation call has now taken place with no progress. We could do with a little help pointing us in the right direction over some legal points though? They are saying that the account does not become statute barred until 6 years after the 'Default Date' Now I am sure that this is not the case but could do with reassuring that it is not and pointing to where we can read it. Our requests for the paperwork relating to the account were discussed, they say they haven't got it but have requested it from HSBC. Is there anyway we can increase the pressure on them to produce it through the court? We did request all the data under a SAR request to HSBC - we have now made two requests containing all relevant information, account numbers, full name, DOB and previous addresses and we have had two replies stating that they can find no accounts from the details given. It has been suggested that we should send a copy of these letters to MKDP so we would like some advice regarding that as well. Looks like we will be going to court with this.
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Ok thanks for that. We will send a polite letter asking if they have the requested paperwork. I will put the letter on here once we have drafted it.
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Thank you
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We have received a N24 Standard Order for stay for settlement today from Northampton (CCBC) County Court. (Image attached) Do we need to do anything further at this stage such as write to MKDP. They have still not responded to both our CPR 31.14 request or the S77/78 CCA 1974 request. Do we need to submit a further completed directions questionnaire to the court by 27th August as I thought we had already done that together with Draft Directions? (Post 56)
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Yes that is correct. They have supplied us with nothing to date and have not even acknowledged the requests under CPR 31.14 or the S 77/78 CCA 1974 request. HSBC state they cannot find any accounts in his name or with the account numbers provided (numbers are correct - I have checked/double checked and then checked again!)
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Regarding the SAR to HSBC we have now received yet another reply from the same address as in Post 51 but this time with the letter heading saying HSBC. The letter is almost identical to the one on HFC headed paper and again states they can find no accounts with the details we have given them (Full sort codes and account numbers were given plus full name DOB and previous addresses).We really are at a loss what to do now, we have rung the number given on the letter and they were worse than useless. They say they cannot find any accounts in his name. It does not look like we are going to get any information from HSBC about his accounts!
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Telephone appointment now made for mediation appointment next week - one hour set aside. Will update thread after this.
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